Legal Rights of Children with Epilepsy in School & Child Care

Legal Rights of Children with Epilepsy in School and Child Care
Letter to Sims (June 27, 2002), 38 IDELR 69: IDEA’s “at no cost” provision includes
incidental fees if normally charged to parents of students without disabilities as well as
parents of children with disabilities, but parents of children with disabilities may not be
charged for a summer program that is part of the student’s extended school year services.
Baltimore (MD) City Public Schools (April 18, 1986), 352 EHLR 185: District violated
Section 504 because it did not determine provision of extended school year programs and
services based on student’s individual needs. Only students with severe disabilities in
special day schools or residential facilities were considered for extended school year
services.
Clark County (NV) School District (November 2, 1989), 16 EHLR 311: District violated
Section 504 by failing to consider extended school year services for students, limiting
summer school enrollment on the basis of disability and charging some families fees for
services.
Rockwood (MO) R-VI School District (November 8, 1989), 16 EHLR 506: District did
not violate Section 504 by having policy that extended school year programs were
generally one-half the amount of services received during the school year.
Mesa (AZ) Public Schools (November 9, 1989), 16 EHLR 316: Districted violated
Section 504 by limiting extended school year services to self-sufficiency areas, thereby
mainly serving students with severe cognitive impairments and discriminating against
other students with disabilities by failing to consider their unique needs.
Discipline
Goss v. Lopez, 419 U.S. 565 (1975)
Suspensions of 10 or more days cause a sufficient deprivation of property and liberty to
trigger the protections of the Due Process Clause of the U.S. Constitution. School
systems, therefore, have developed constitutionally sound suspension procedures. These
procedures allow for notice of charges, an opportunity for the student to present his or her
version of the story, and the opportunity for a hearing. If these procedures are not
followed correctly, the suspension is can be reversed.
S-1 v. Turlington, 635 F.2d 342 (5 th Cir.), cert. denied 454 U.S. 1031 (1981)
Students who meet the definition of disabled under Section 504 cannot be punished for
behavior that is a manifestation of their disability.
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