Legal Rights of Children with Epilepsy in School & Child Care

Legal Rights of Children with Epilepsy in School and Child Care
and must comply with its requirements. If the school does not receive any
federal funding, it is not subject to Section 504. However, private schools must
comply with Title III of the ADA unless they are run or controlled by religious
entities. See Chapter 2, Question 2.30 for additional information.
5.27Q: Is a student with epilepsy protected by Section 504 if he or she faces
disciplinary proceedings?
A: Yes, to the extent that it is illegal to discriminate against a student with a
disability on the basis of his or her disability. Therefore, if the behavior that led
to the disciplinary action is a manifestation of the student’s epilepsy, he or she
cannot be disciplined for it; to do so would be to punish him or her for behavior
that is part of his or her disability. The school staff must look at the situation and
the student to see if there is a relationship between the behavior and the
disability. For example, if a student has a seizure in class and involuntarily yells
out during the seizure, he or she cannot be suspended for disrupting the class;
the yelling was part of the seizure. Or if a student has a seizure and is somewhat
dazed or confused for a period of time following the seizure as he or she
recovers, it would be a violation of Section 504 to discipline the student for
failing to follow directions, for example, as the student is not fully able to
process what is going on in this immediate post-seizure state. However, if a
student with epilepsy who is stable on his or her medications and has not had a
recent seizure gets into a fight and hits the assistant principal, the staff should
look at whether anything has changed with the student to indicate that the
behavior is a manifestation of the epilepsy and, if not, the student can be
disciplined in the same way as a student without disabilities.
5.28Q: What steps can attorneys and advocates take to prepare for a Section 504
meeting?
A: An attorney or advocate can help the family prioritize their goals for the
meeting. Does the family want a Section 504 plan for the student? The attorney
or advocate can use the model Section 504 plan contained in this manual (see
Appendix B) with the family to identify the areas in which services and
accommodations will be requested. Then the attorney or advocate can identify
the evidence that is necessary to support the family’s position. What evidence
supports the need for each of the services or accommodations the family is
requesting? Are there medical evaluations? Teacher reports? Other information?
Who will be at the meeting? Are there other people who should be invited? The
attorney or advocate should make sure the district knows that the attorney or
advocate will be in attendance; many, but not all, districts send their own
attorney to meetings if parents bring a representative.
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