Legal Rights of Children with Epilepsy in School & Child Care

Legal Rights of Children with Epilepsy in School and Child Care
Sobol v. Burr, 888 F.2d 258 (2d Cir. 1989), cert. denied 110 S. Ct. 1298 (1990)
The Eleventh Amendment and the EHA do not bar the award of compensatory education
beyond the age of 21 to a student who has been denied a free appropriate public
education.
G. ex rel. RG v. Fort Bragg Dependent Schs., 343 F.3d 295 (4 th Cir. 2003)
The court held that courts and hearing officers may award compensatory educational
services to be provided prospectively to compensate for a past deficiency. 343 F.3d at
308.
Reid v. District of Columbia, 401 F.3d 516 (D.D.C. 2005)
In upholding a compensatory education award to a student, the court rejected an award of
one hour for each day the district denied the student an appropriate education. Instead, the
court adopted a qualitative standard, finding that compensatory education should aim to
place students with disabilities in the same position they would have been in had the
district not violated the IDEA. The court noted that compensatory awards must rely on
individualized assessments. The court also held that IEP teams do not have the authority
to reduce or discontinue compensatory service awards.
Board of Education of Fayette County, Kentucky v. L.M., 478 F.3d 307 (6 th Cir. 2007)
The court agreed with the Reid court that a flexible approach to compensatory education,
rather than an hour-for-hour award, was appropriate, because some students might need
short, intensive compensatory programs while others might need more extended
programs that would exceed the number of hours of service they had missed. The court
held that the IEP team cannot be given the power by a court or hearing board to reduce or
terminate a compensatory education award.
Extended School Year Services
Alamo Heights Independent School District v. State Board of Education, 790 F.2d 1153
(5 th Cir. 1986)
The court held that if a child will experience “severe or substantial regression” during the
summer months without a summer program, the student may be entitled to year-round
services. The question is “whether the benefits accrued to the child during the regular
school year will be significantly jeopardized if he is not provided an educational program
during the summer months.” 790 F. 2d at 1158.
Johnson v. Independent School District No. 4, 921 F.2d 1022 (10 th Cir. 1990)
The court held:
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a) Regression-recoupment analysis is not the only factor used to determine the
necessity of a structured summer program. Other factors to be considered include