Legal Rights of Children with Epilepsy in School & Child Care

Legal Rights of Children with Epilepsy in School and Child Care
devices used by individuals to reduce or eliminate the effects of their
disabilities.)
5.6Q:
What are the components of a Section 504 plan?
A: The Section 504 regulations do not require a written plan, however, it is good
practice to write down the services and accommodations a student will receive
from the school district. A Section 504 plan should address everything the
student needs because of his or her epilepsy. A model Section 504 Plan is
included in this Manual at Appendix B. It is unlikely that any one student would
need all of the services and accommodations discussed in the plan, but it is
meant as a comprehensive guide from which to draw the relevant services and
accommodations possibly needed in designing an individualized Section 504 for
a particular student with epilepsy.
5.7Q:
What kinds of services might a student with epilepsy receive under Section
504?
A: The services a student with epilepsy receives under Section 504 will depend on
the student’s individual needs. Examples include accommodations such as extra
time for tests if a student has impaired concentration due to seizures or side
effects from medication; additional time to complete school assignments or
homework if the student loses time because of seizures or medical appointments;
or adapted physical education activities for some of the physical education
curriculum if a student has frequent seizures and safety would be an issue if the
student were to participate in a regular physical education class for all activities.
Another possible accommodation might be an adjusted school start time if the
student needs to sleep later in the morning because waking up early triggers
seizures. Depending on the age of the student, education or training of the
consider the effect of the measure (positive or negative) in determining if the student has
an impairment that substantially limits him or her in any major life activity.
OCR notes other relevant considerations to be evaluated. For example, there may be side effects to
mitigating measures used by a student. Additionally, mitigating measures may not fully correct the
effects of the disability. Both of these factors affect the determination of whether a person has a
disability for purposes of coverage under Section 504 or the ADA.
OCR’s Guidance specifically recognizes the need to provide emergency medication:
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Determine if the mitigating measure is effective all of the time for this student. If there is
a risk of failure of the mitigating measure(s), or a risk that the effect of the mitigating
measure(s) may not be consistent, then the student may still be substantially limited in a
major life activity, despite the use of the measure(s). If that is the case, the school should be
prepared to deal with emergency situations that might arise if the mitigating measure fails.
For instance, a student with diabetes who injects insulin at home may still need an insulin
injection, on an emergency basis, at school.