Legal Rights of Children with Epilepsy in School & Child Care

Special Education and Section 504
student’s classmates about epilepsy might be warranted; this is another service
that could be included in a Section 504 plan, as it would promote the social
inclusion of the student with his or her peers.
Additionally, the services outlined in a student’s seizure action plan would be
covered by Section 504; these services might include routine and emergency
medication administration, staff training, and communication with family and
any necessary medical personnel. The seizure action plan could be attached to
and incorporated into the Section 504 plan. A sample seizure action plan is
included as Appendix C.
5.8Q: Who makes the decision about whether a student is entitled to services
under Section 504?
A: The Section 504 education regulations, 34. C.F.R. 104.31-39, do not specify
who decides if a student is entitled to services under Section 504, However,
generally schools designate a team of school personnel similar to, or in some
cases the same as, the IEP team. Along with the parent, this team discusses the
student’s situation and makes the decision about whether or not a student is
entitled to services under Section 504. The team may be known as a Section 504
team.
5.9Q:
When would a student need a Section 504 plan rather than an IEP?
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A: A student would qualify for a Section 504 plan if he or she has an impairment
that substantially limits a major life activity, such as learning. A student would
qualify for a Section 504 plan rather than an IEP when he or she does not need
individually designed special education services in order to make meaningful
educational progress, the standard under the IDEA, but instead needs
accommodations for his or her disability in order to have an equal opportunity to
participate in activities and services offered to students without disabilities.
5.10Q: Are there timelines for making decisions about education services under
Section 504?
A: No. Unlike the IDEA, Section 504 does not impose timelines on any part of the
decision-making process for education services.
5.11Q: Does Section 504 impose evaluation requirements on school districts?
A: Yes. If the student needs, or is believed to need, special education or related
services, he or she must be evaluated. Tests and other evaluations must be
validated for the specific purpose for which they are used and must be
administered by trained personnel in conformance with the instructions provided
by the tests’ producers. The tests and other evaluation materials must include
those meant to assess specific areas of educational need and cannot simply result
in a single genera intelligence quotient. Additionally, for a student with