Legal Rights of Children with Epilepsy in School & Child Care

The Special Education Process for Children with Epilepsy: The Individuals with Disabilities Education Act (IDEA)
4.36Q: Is a student with epilepsy entitled to services during the summer?
A: If a student with epilepsy needs services during the summer in order to continue
to make educational progress during the school year, he or she may qualify for
extended school year services. 35 There is no absolute entitlement to these
services; eligibility will depend on a student’s individualized needs. Generally,
school districts look at factors such as whether a student will likely regress or
take extra time to recoup lost skills, and may also look at other factors, such as
the rate of the student’s progress, whether or not the student has emerging skills,
and whether the student’s progress during the year will be significantly
jeopardized. How a district approaches extended school year services depends
very much on whether there is any controlling case law in the circuit in which
the district is located. See the discussion of extended school year services in the
Summary of Cases at the end of this chapter for more information.
4.37Q: What happens if a parent wants to place his or her child, who has epilepsy,
in a private school?
A: Parents may withdraw their child from the public school system and place him
or her in a private school because they want a private school education for their
child for any number of reasons. However, parentally placed private school
children do not have an individual entitlement to a free appropriate public
education. The school district is required to consult with the private schools in
the district to determine the needs of privately placed students within its
boundaries, and then allocate among the private schools the amount of federal
money that would otherwise be allocated per student in the public school
system. 34 C.F.R. 300.130-144. This means that some students might receive no
services and others might receive some of the services they would receive if they
were in the public system.
Parents may also choose to place their child in a private school because they
believe the school district’s special education program is inappropriate. In this
situation, parents may find a school that serves students with disabilities and
then seek reimbursement for the private placement from the district. The IDEA
regulations impose strict notice requirements on parents who will be placing
35 34 C.F.R. 300.106 of the IDEA regulations define extended school year services as special education and
related services that
(1) Are provided to a child with a disability —
(i) Beyond the normal school year of the public agency;
(ii) In accordance with the child’s IEP; and
(iii) At no cost to the parents of the child; and
(2) Meet the standards of the [state education agency].
51