Legal Rights of Children with Epilepsy in School & Child Care

Special Education and Section 504
Case Scenarios
Case Scenario 1 — Eligibility for Section 504 Plan
William is a ten-year-old child who has fully controlled epilepsy and has not had a
seizure in eight years. He has no academic difficulties and does not need medication
during school hours. He has no overt side effects from his medication, has lots of friends
and is able to participate fully in school activities. His parents contact a lawyer because a
friend has told them about Section 504 and they want to know how the law may help
William.
Discussion and Advocacy Strategy: As it stands, William will not qualify for protection
under Section 504 because his epilepsy does not significantly impair a major life activity.
He is able to participate in all activities without the need for any accommodations.
However, it is possible that his situation will change at some point, and the attorney
should explain Section 504 to William’s parents and describe the types of situations in
which Section 504 might be helpful in the future. The following information may be
useful to William’s parents:
1) If William begins to have breakthrough seizures and needs medication during the
school day, school staff would be required to administer the medication.
2) If William begins to have seizures that interfere with his ability to concentrate or
to complete his work in a timely way or if his medication begins to cause side
effects that cause this result, he may need accommodations such as, but not
limited to, additional time to complete his work, reduced amount of work, or a
quiet room in which to take tests. It is likely that if, after a long period with no
seizures, William suddenly begins to have seizures again, he will be spending a
good deal of time at physician appointments and trying various dosages of
medications. The school will need to be prepared to accommodate absences and
the potential medication side effects that are likely to ensue.
3) If William begins to have seizures that are caused by lack of sufficient sleep, he
may need an adjusted school start time as a reasonable accommodation, so that he
does not have to be awakened early in the morning, since that might trigger a
seizure.
4) It is important to remind William’s parents that William’s protection under
Section 504 is conditional on something changing. At the moment, his epilepsy is
so well controlled that he does not need the protection offered by Section 504
because his epilepsy does not impair him in any way that warrants the protection
of the law. But that could change at any time and, at that point, Section 504 is
available to protect him from discrimination and to ensure that he receives
whatever reasonable accommodations he needs.
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