Legal Rights of Children with Epilepsy in School & Child Care

Special Education and Section 504
5.15Q: What should a good Section 504 plan look like for a student with epilepsy?
A: A good Section 504 plan should include a statement of the child’s needs and all
of the services and accommodations the child will receive. See the model
Section 504 plan in Appendix B for an example. As noted in Question 5.6, it is
unlikely that one student will require all of the services and accommodations
discussed in the model plan, but the model is a comprehensive guide that can be
used in designing an individualized Section 504 plan for a student with epilepsy
based on his or her particular needs.
5.16Q: Who participates in the development of a Section 504 plan?
A: Typically, a team of staff at the student’s school develops a Section 504 plan,
along with the student’s parent. If evaluations are being reviewed or placement
is being discussed, a group of people who are knowledgeable about the student,
the meaning of the evaluation data, and placement options must make the
placement decision. 34 C.F.R. 104.35(c).
5.17Q: Are there any requirements regarding meeting attendance?
A: No. Unlike the IDEA, Section 504 does not require the presence of particular
types of people at meetings, nor does it contain provisions for excusing the
presence of team members.
5.18Q: What are the placement requirements for students under Section 504?
A: Section 504 mandates that students with disabilities be educated with students
who do not have disabilities to the “maximum extent appropriate” to the needs
of the person with the disability. 34 C.F.R. 104.34(a). A student must be placed
in the regular educational environment unless the school district can demonstrate
that education in the regular environment cannot be achieved satisfactorily with
the use of supplementary aids and services. If the student is not placed in the
regular education environment, the school district must consider how close the
alternate setting is to the student’s home. 34 C.F.R. 104.34(a).
5.19Q: Is this similar to the IDEA’s requirement that students be placed in the
least restrictive environment?
A: Yes. Under the IDEA, students with disabilities must be educated in the least
restrictive environment in which their IEPs can be implemented; the IEP must be
based on the unique needs of the student. Only if the IEP cannot be implemented
in a general education setting, even with the use of supplementary aids and
services and programmatic supports and modifications, can the district move a
student to a more restrictive education setting. Similarly, under Section 504,
school districts must educate students with disabilities in the regular
education setting alongside students without disabilities to the maximum extent
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