Legal Rights of Children with Epilepsy in School & Child Care

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The Special Education Process for Children with Epilepsy: The Individuals with Disabilities Education Act (IDEA) School Board of the County of Prince William v. Malone, 762 F.2d 1210 (4 th Cir. 1985) The court held that the student could not be expelled for selling drugs because his action was a direct manifestation of aspects of his learning disabilities, including low selfesteem, desire for acceptance by peers, and a particular susceptibility to peer pressure, among others. Honig v. Doe, 484 U.S. 305 (1988) The Court refused to allow school administrators to simply exclude students on the basis of perceived dangerousness, and held that unless the parents consent to an alternative placement or the school system obtains an injunction to exclude the student on the grounds that the student’s continued attendance would be “truly dangerous,” the school system must permit the student to remain in his or her current placement pending agreement to an alternative placement or the completion of any administrative or court proceedings to challenge any proposed change in placement. Much of the Honig holding was incorporated into the IDEA when it was reauthorized in 1997 and it was changed significantly when the IDEA was reauthorized again in 2004, particularly with regard to when a student may remain in his or her current placement and when he or she may be removed from school by administrators. However, the Honig decision remains instructive both for what seems to constitute “truly dangerous” behavior and for the alternatives to suspension that the Court lists. With respect to “truly dangerous” behavior, it is instructive to note the standard had not been met in this case. The Court found that the school district had failed to show a substantial likelihood that continued attendance of either student involved would result in injury to fellow students or others: one student had been suspended indefinitely for choking a fellow student with sufficient force to leave abrasions and for kicking out a school window, and the second student had been suspended indefinitely for disruptive behavior which included stealing, extorting money from fellow students, and making sexual comments to female classmates. With respect to alternatives to suspension, the Court listed the use of study carrels, time outs, detention, or the restriction of privileges. Light v. Parkway C-2 School District, 41 F.3d 1223 (8 th Cir. 1994), cert denied 515 U.S. 1132 (1995) A school district should not take measures to remove a student from his or her current educational placement until reasonable steps have been taken to mitigate the student’s threat of injury by accommodating the student’s disability. 69
Legal Rights of Children with Epilepsy in School and Child Care Special Education Timelines Referral for Special Education — No timeline in federal law; state laws vary Assessments — Federal law sets a deadline for completion of 60 days after parental consent; state laws might have alternative timelines Development of IEP — No federal timeline; state laws vary Implementation of IEP — Federal law requires implementation as soon as possible after development; IEP must be in effect at beginning of school year. Check state laws for specific timelines Re-evaluation — At least once every three years 70
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AN ADVOCATE’S MANUAL AN ADVOCATE
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User is hereby granted permission t
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CHAPTER TWO What Laws Apply to Chil
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Case Scenarios ....................
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4.35Q: What happens if a parent dis
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5.20Q: 5.21Q: 5.22Q: Does a school
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Case Scenarios ....................
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8.20Q: May a party appeal a due pro
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ABOUT THE AUTHOR Leslie Seid Margol
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Legal Rights of Children with Epile
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CHAPTER TWO What Laws Apply to Chil
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What Laws Apply to Children with Ep
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APPENDIX A: CHILD CARE SEIZURE DISO
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Activity Restrictions _____________
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The following form is to be complet
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8301 Professional Place, Landover,
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Myoclonic seizures: Seizures in whi
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(Student’s name) needs assistance
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7. FIELD TRIPS AND EXTRACURRICULAR
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APPENDIX C: SCHOOL SEIZURE ACTION P
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Seizure Observation Record Student
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SAMPLE COMMUNICATION FORM FOR STUDE
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SAMPLE COMMUNICATION FORM FOR STUDE
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APPENDIX E: SELECTED STATE LAWS ON
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Selected State Laws on School Medic
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