Legal Rights of Children with Epilepsy in School & Child Care

Legal Rights of Children with Epilepsy in School and Child Care
e) Written summary of extended school year services discussion within 10 working
days after the meeting
LIH v. New York City Board of Education, 103 F.Supp.2d 658 (E.D.N.Y. 2000)
The procedural safeguards, including the discipline requirements, of the IDEA apply
equally to summer school programs. The IDEA applies to every school day. Summer
school days satisfy that definition.
M.M. v. School District of Greenville County, 303 F.3d 523 (4 th Cir. 2002)
Extended school year services are necessary for the provision of a free appropriate public
education when the benefits gained by the child during the regular school year will be
“significantly jeopardized” if he or she does not receive an educational program during
the summer. A showing of actual regression is not required; the need for extended school
year services may be established by expert testimony based on a professional individual
evaluation. The mere fact of likely regression is not sufficient. Rather, extended school
year services are required under the IDEA only when such regression will “substantially
thwart the goal of meaningful progress.” 303 F. 3d at 538.
JH v. Henrico County School Board, No. 02-1418 (4 th Cir., April 28, 2003)
The court vacated the district court’s decision in light of the M.M. decision. In remanding
the case to the district court to remand to the hearing officer, however, the Fourth Circuit
ordered that the hearing officer consider evidence regarding “window of opportunity”
evidence presented by the family. This refers to evidence that there is a window of
opportunity for children with autism such as JH to learn effectively to overcome their
deficits, to the extent that such evidence is relevant to the determination of whether the
extended school year services that had been provided to the student were sufficient to
prevent the gains he had made during the school year from being significantly
jeopardized.
Board of Education of Fayette County, Kentucky v. L.M., 478 F.3d 307 (6 th Cir. 2007)
The court reiterated its previously adopted standard set forth in Cordrey v. Euckert.
Extended School Year Services: Office of Special Education Programs (OSEP)
Policy Letters and Office for Civil Rights (OCR) Rulings
Over the years, OSEP has issued a number of policy rulings addressing extended school
year services, and OCR has issued a number of rulings as well. These are published by
LRP Publications in the Individuals with Disabilities Education Law Reporter (IDELR)
and online in Special Education Connection, a subscription service run by LRP
Publications. A brief summary of selected important policy letters and rulings is included
below, along with citations.
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