UNITED STATES Info
Having a school-aged child with epilepsy is scary for a parent. When my daughter first started pre-school, I was nervous that her teachers wouldn't know how to help her if she started to have a seizure.
I am THAT mom who annoyingly over-communicates with my kids' teachers. I am sure it's frustrating for the teachers, but it provides me peace of mind knowing that I've given her teacher as much info as possible on her seizure care.
I am fortunate that I have a background in education. I know first hand what teachers and school nurses do to organize the medical information for their students. Most schools have an entirely digital system and a student's medical information is available to teachers with a click of a button. For schools that haven't gone paperless with student information, you may find yourself providing your child's teachers with paper copies of the seizure action plan and other important seizure protocol information.
Personally, the biggest help to alleviate my anxiousness over my daughter's epilepsy was getting a solid understanding of what to do and how to react in the event of a seizure. Likewise, I like to make sure my daughter's teacher also knows exactly what to do if she has a seizure in school.
As a parent, you are empowered when it comes to dealing with the school district and your child's epilepsy. Be the squeaky wheel and get the administration and school staff to listen to you and your child's needs. Luckily for us, we have federal law on our side when it comes to our kids' needs and their education.
Both plans are similar but more than likely if your child needs services for epilepsy, it will fall under a 504 plan.
IEP Plans:
IEP plans are subject to IDEA or the Individual with Disabilities Educational Act. To be eligible for an IEP plan, a student must have at least one of 13 named disorders. Epilepsy falls under the category of "Other Health Impairments" under IDEA. For your child to be eligible for services under an IEP in school, your child's epilepsy must affect the student's ability to learn and benefit from the general education environment. The evaluation process for an IEP must be able to document that epilepsy directly impacts the student's ability to learn.
504 Plan:
504 plans are subject to section 405 of the Rehabilitation Act. The Rehabilitation Act is a Civil Rights law that guarantees students won't be discriminated against for their disability. 504 has a much broader definition of what is eligible for services in school. The evaluation committee at your child's school can offer a 504 plan for a student if their medical condition or disability disrupts their daily activities in any way. The planning process for a 504 plan is much less formal than that for an IEP plan.
One of the advantages of the 504 plan is that you have civil rights legislation on your side. If you feel that your child's 504 rights are being violated, all it takes is one call to your local Office of Civil Liberties and your school district will straighten right up.
One of the advantages of the 504 plan is that you have civil rights legislation on your side. If you feel that your child's 504 rights are being violated, all it takes is one call to your local Office of Civil Liberties and your school district will straighten right up.
Examples of situations where a student with epilepsy may benefit from a 504 plan:
- Your student has a seizure during a test: A 504 plan would allow them to retake the test.
- Your student's medications affect their ability to concentrate: They may be allowed extra time to complete assignments and tests.
- Your student frequently arrives at school tardy. Your child often has to sleep later to avoid seizures upon waking. Under a 504 plan, they would be allowed to come late to school without being penalized by the school.
- Your child frequently leaves the classroom to take medications or have "brain breaks." Under a 504 plan, your child would be allowed to do this without penalty.
- Every teacher would be given training on epilepsy protocol in the event your child has a seizure. A 504 plan can even require that your child's substitute teachers are provided written instructions on seizure care and a list of staff names and numbers involved in your student's seizure care.
Protecting Your Child
School districts have an obligation to protect your child, but sometimes you have to demand those services.
As parents, we are our children's biggest advocates. If you think that your child's education is affected by their epilepsy, you have the right to request an evaluation by the school for accommodations to ensure their academic and medical needs get satisfied.
Many times, teachers and school staff may not be aware of the extent to which seizures and anti-epileptic drugs can affect a student's education.
For more information on approaching the school district about your child's epilepsy, check out Vikki's book, Seizure Information for Schools and Teachers.
Sources:
ADAAA & Section 504. (n.d.). Retrieved January 1, 2020, from https://www.ncld.org/get-involved/learn-the-law/adaaa-section-504/.
Individuals with Disabilities Education Act (IDEA). (n.d.). Retrieved January 1, 2020, from https://sites.ed.gov/idea/.
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