Five questions about your child and your school day. The map fills in as you answer, and at the end you get the document that fits, the letter to send, and who to send it to.
Question 1 of 5
Controlled seizures still count. The law judges a condition that is episodic or in remission by what it would do when active, and the benefit of medication is set aside when deciding eligibility. So "her seizures are under control" is not a reason for a school to deny a 504 plan.
The Office for Civil Rights says a student with epilepsy is generally a student with a disability, because epilepsy will in virtually all cases substantially limit normal neurological function.
| Section 504 plan | IEP | Seizure action plan | |
|---|---|---|---|
| What it is | Accommodations so your child can get at school as effectively as everyone else. | Specialized instruction, plus related services and accommodations. | A first-aid document for one student, completed with the healthcare provider. |
| What law | Section 504 of the Rehabilitation Act, and the ADA. | IDEA. Epilepsy sits in the Other Health Impairment category. | Minn. Stat. 121A.24, in force since the 2022-23 school year. |
| Who qualifies | A student whose disability substantially limits a major life activity. Controlled or rare seizures still count. | Two-part test: the condition adversely affects educational performance, and the child needs special education. | A student whose parent tells the school of a provider-diagnosed seizure disorder and who has prescribed seizure rescue or treatment medication. |
| Who writes it | A school team knowledgeable about your child, working from the evaluation data, with you involved. | The IEP team. You are a member of that team. | You and your child's healthcare provider. The provider fills in the medical parts. |
| What it can require | Rest after a seizure, make-up work without penalty, testing flexibility, trained staff for rescue medication, transport and field-trip supports, trigger avoidance. | Everything a 504 plan can, plus changes to how and what your child is taught, and related services. | A named nurse or designated person on duty at each site who can give the medication, trained and holding a copy, with the plan on file and staff told who that person is. |
| Legally enforceable | Yes Notice, records review, an impartial hearing you can take part in with counsel, and a complaint to the Office for Civil Rights. | Yes Prior written notice, mediation, and a due process hearing. | Required, but different The statute requires the plan, and the school must do what the statute lists. It is not an education plan and it carries no 504 or IDEA hearing rights. |
An individual health plan written by the school nurse, and the short emergency care plan that goes with it, sit in the same column as the seizure action plan. They tell staff what to do for the body. Neither one is a substitute for a 504 plan or an IEP. To make a support legally enforceable, it has to be written into the 504 plan or the IEP.
This is general information and it is not legal advice. Only your school's team can decide what your child is eligible for. For free legal help in Minnesota, contact the Minnesota Disability Law Center at Mid-Minnesota Legal Aid. Their intake line is 1-877-696-6529, and the Disability Law Center line is 1-800-292-4150. Full detail on your child's rights is in Chapter 7. Minnesota evaluation timelines change, so confirm current figures at education.mn.gov.