Legal Rights of Children with Epilepsy in School & Child Care

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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? 75 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
Legal Rights of Children with Epilepsy in School and Child Care impaired sensory, manual or speaking skills, tests must be selected and administered so they accurately reflect the student’s aptitude rather than his or her impaired sensory, manual or speaking skills, unless those are the skills the tests are designed to measure. 34 C.F.R. 104.35. Section 504 also requires periodic reevaluation of students who are receiving special education and related services under Section 504. 34 C.F.R.104.35(d). 5.12Q: If a student with epilepsy is identified as needing services under Section 504, what happens next? A: A Section 504 plan that includes the services and accommodations needed by the student should be developed. This generally occurs at a meeting with a team of school staff and the student’s parents. 5.13Q: What is the difference between a Section 504 plan and an IEP? A: As discussed in Chapter 4 (see Question 4.18), the IDEA is quite specific about what needs to be included in an IEP. Section 504, however, does not discuss student plans and contains no details about what such a plan ought to look like if one is drafted. This is likely in large part because the IDEA is specifically an education law, but Section 504 is a general anti-discrimination law. The IDEA gives states money to comply with its requirements; failure to comply with Section 504 could result in loss of federal funds. Typically, Section 504 plans are not as detailed as IEPs, but there is no inherent reason this should be the case. A Section 504 plan should be as detailed as it needs to be to outline clearly each service and accommodation a student with epilepsy needs during the school day and during any extracurricular or nonacademic activities, including school trips, sports activities, club meetings or other events. 5.14Q: What are some of the typical services that might be included in a Section 504 plan? A: Although services will vary depending on the needs of the individual student, a Section 504 plan typically might include provisions regarding routine and emergency medication administration, including identification of staff who will perform this task; storage of medication; accommodations for class assignments, homework, and tests; any special arrangements that might need to be made for physical education curriculum units; who will administer necessary medications during extracurricular and nonacademic activities and events; and any other services or accommodations necessary to meet the student’s needs at school and school-related activities and events. 76
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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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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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Legal Rights of Children with Epilepsy in School & Child Care

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