Protecting the civil rights

of people with epilepsy newsletter through education, Issue No. 3 • Summer 2007 advocacy and increased

access to legal services. Bill Introduced to Restore the inside Protections of ADA for those with 2 Selected Epilepsy and other Disabilities Recent Cases 5 The Advocates’ n July 26, 2007, the 17th result, the Supreme Court has created an Corner anniversary of the Americans absurd Catch-22 by allowing employers Owith Disabilities Act, the ADA to say a person is “too disabled” to do the 7 Cooperating Restoration Act (H.R. 3195) was introduced job but not “disabled enough” to be pro- Attorney Profile in Congress. The bill was introduced with tected by the ADA. People with condi- 144 original co-sponsors and the number tions like epilepsy, diabetes, HIV, cancer, 7 Resources of co-sponsors continues to grow! The lead hearing loss, and mental illness that sponsors in the House included Majority manage their disabilities with medication, The Legal Defense Fund Leader Steny Hoyer (D-MD) and Rep. Jim prosthetics, hearing aids, etc. are viewed as (a program of the Epilepsy Sensenbrenner (R-WI). Senators Harkin “too functional” to have a disability and are Foundation®) provides (D-IA) and Specter (R-PA) have introduced a denied the ADA’s protection from employ- legal guidance to individuals corresponding ADA Restoration bill in the ment discrimination. experiencing epilepsy- Senate. This initiative was made possible in The Bill would amend the ADA to cover related discrimination and no small part by the very hard and sustained individuals with a physical or mental impair- their families, along with advocacy of the Epilepsy Foundation, along ment as defined in the bill (or a record of an referrals to a nationwide with other disability rights advocacy groups, impairment or a perceived impairment), and network of cooperating including the American Diabetes Association. to specify that the determination whether law offices. The Fund was The Foundation, along with the Diabetes one has a covered impairment shall be made established in memory of Association, represent two constituencies without regard to the individual’s use of Jeanne A. Carpenter, a lawyer, Epilepsy Foundation® that have been particularly disadvantaged by mitigating measures or whether the impair- Board member, and a the Supreme Court’s narrow and unreason- ment is episodic. With this bill, the ADA's person with epilepsy. She able interpretation of the ADA reached in clear and comprehensive national mandate was a tireless advocate for decisions issued in 1999 — which this legis- for the elimination of discrimination on the people with epilepsy from lation is intended to reverse. basis of disability will be properly restored. the time she was first Under these Supreme Court decisions, Your help is urgently needed to garner diagnosed with the condition persons with so-called “correctable condi- support and passage of the ADA Restora- until her untimely passing tions” — that is, those controlled with med- tion Act of 2007. Call your Representative in 2003. ication or other “mitigating” measures — are today and ask him/her to co-sponsor the bill. generally no longer protected from discrimi- For more information see www.epilepsy nation in employment under the ADA. As a foundation.org. Foundation provided testimonyinsupportofthislaw. 27 specifiedconditionsincludingepilepsy, diabetesandMS.The Importantly, thelawexpressly covers—“withoutregard toseverity”— are determinedwithoutregard totheuseofmitigatingmeasures. to whatisordinarily experienced inthegeneralpopulation,andthatthey more than6monthsandimpairhealthtoasignificant degree ascompared “significant impairments”are impairmentshavinganexpected durationof ficant impair[ments]tophysicalormentalhealth.”Thelawclarifiesthat June 21,2007)adoptedanewdefinitionof“disability”thatcovers“signi- work ataparticularjob.”TheMainelaw(MRSAsection4553-A,effective or unmitigated,whethernotitlimitstheabilitytoworkgenerally orpermanent,commonuncommon,mitigated whether itistemporary perceived impairments.Thestatutealsoprovides thata“disabilityexists physical ormentalimpairments,arecord ofsuchimpairmentsor covered disabilitiesincludemedicallycognizableordiagnosablesensory, ington’s newlaw(RCWSection49.60.040,effectiveJuly21,2007), correctablewith epilepsyandotherso-called conditions.UnderWash- York —provide significantlygreater protections thantheADA forpersons similar tolawsinabouteightotherstates,includingCaliforniaandNew As aresult ofrecent legislation,lawsinWashington andMaine— 2 States Expand their Anti-discrimination Laws toCover States ExpandtheirAnti-discriminationLaws SUMMER 2007•EPILEPSY LEGAL DEFENSEFUND NEWSLETTER JACELDF Epilepsy andOther“Correctable”Conditions T • at [email protected]. other litigationdocuments,contacttheFund ating attorneys,andforcopiesofbriefs and othercaseshandledbytheFund’s cooper- attorneys. For moreinformationaboutthese Recent Cases Selected onto hisbedfacedown;atleast one from leavinghisbedroomby forcing him responders attemptedtoprevent theman in thecomplaintareasfollows: The a complexpartialseizure.The factsalleged who witnessedherhusbandhaving were calledtothehomebyman’swife, medics andpoliceofficers.Theresponders restrained inhishomebyColoradopara- case, a42-yearoldmandiedwhenhewas Police SeizureResponse(pending).In this – Gates v. BroomfieldCounty is providingsupporttoitscooperating advocacy initiativesinwhichtheFund he followingoutlinessomecasesand Inappropriate • ment isDiastat death. Thestandardout-of-hospital treat- may resultinseverebraindamageor treatment isgreatlydelayed,theseseizures treat prolongedorrepetitiveseizures.If care providersadministermedicationto cating toensurethatschoolsandchild attorneys invariousstateswhoareadvo- The Fund isworkingwithanumberof Seizure MedicationinSchoolsandChildCare. Cases InvolvingAccess toEmergencyAnti- “First Responders”under“QuickLinks.” www.epilepsyfoundation. organdclickon responder handlingofseizures,goto other casesinvolvinginappropriatefirst in thecaseongoing.For informationon pensatory andpunitivedamages.Discovery Denver inSeptember2006,seekingcom- was suffocated.Alawsuitfiledin The treatingdoctorindicatedthattheman He wasplacedonlifesupportfor36hours. atwhichtimehewasunconscious. the ER, time. Responderstransportedthemanto handcuffed behindthebackatsame the man’sbacktorestrainhim.Hewas responder appliedpressurewithakneeto services forchildrenwithepilepsy are dard carepractices—toensure that as areasonablemodification of theirstan- ADA toprovidethistypeofmedication centers arerequiredundertitle IIIofthe dren intheircare.However, childcare staff toadministerthemedicationchil- including largechains,alsorefusetoallow disabilities (seeBacktoSchoolarticle). law protectingtherightsofstudentswith reasons, thisapproachmayviolatefederal administer themedication.For avarietyof school staffwithoutmedicaltrainingto care, eventhoughstatelawmaypermit staff relyoncalling911toprovidemedical Many schoolswhichdonothavenurseson as parents,teachersandothercaregivers. by peoplewithoutmedicaltraining,such specifically developedtobeadministered medication isFDA-approved andwas central nervoussystemdepressant).The administered preparationofdiazepam(a Similarly, manychildcareprograms, ® Acudial,™ arectally comparable to services provided to chil- denied jobs as police officers or firefighters, dren without disabilities. Most child care because they have had seizures in the past centers already provide comparable types (sometimes five to ten or more years ago), of care — such as dispensing over-the- and are regarded as a safety threat on the counter and prescription medications, job. In a number of these cases, it appears administering EpiPen injections to treat that the departments have failed to ade- allergic reactions, performing glucose quately consider whether the individual’s T he Fund, together finger prick tests to monitor children with particular condition actually poses an diabetes, and providing toileting assis- unacceptable risk of harm on the job. with its affiliates tance and diaper changing. Accordingly, This practice may violate the ADA and they may not argue that administering state anti-discrimination law, which and other advocacy this medication would “fundamentally require individualized evaluations as to alter” the nature of their activities (which whether a person with a disability is groups, drafted a is not required by the ADA). qualified for a particular job opportunity. bill, introduced into The Fund is assisting with adminis- Employer evaluations of persons with trative complaints concerning the failure epilepsy seeking police officer and fire- the Tennessee State of several school districts to administer fighter jobs (or any other jobs) should emergency anti-seizure medication. It is take into account the required tasks of Legislature this year, also providing support related to litiga- the particular position, the degree of tion filed in California concerning a large seizure control, the type(s) of seizures, that would help child care provider that refuses to allow whether the person has an aura (warning) its staff to administer such medication, as prior to a seizure, the person’s reliability ensure that well as legal guidance to various families in taking prescribed anticonvulsant and attorneys addressing the child medication, any side effects of such med- schoolchildren in care/medication issue in other states. ication, and any accommodations which would help the person do the job. For Tennessee have • Employment Cases Involving Police Officers more information see http://epilepsy prompt access and Firefighters. The Fund is working with foundation.org/epilepsylegal/legalinfoctr. several attorneys who are representing cfm (see Legal Fact sheets and then go to to appropriate individuals with epilepsy who have been “Safety-sensitive Jobs” fact sheet). emergency anti-

State Emergency Anti-Seizure Medication Bill Introduced seizure medication. The Fund, together with its affiliates and ensure that a variety of school staff mem- other advocacy groups, drafted a bill, intro- bers are available to administer emergency duced into the Tennessee State Legislature anti-seizure medication to students in need. this year, that would help ensure that The bill specifies that public school districts schoolchildren in Tennessee have prompt must identify and train volunteer staff to access to appropriate emergency anti- administer the medication, and that they seizure medication. The bill would amend must retain the services of a full-time nurse current Tennessee law, which specifies that until trained volunteers are in place. For only registered nurses may administer med- more information on the bill, see the Web ication in schools. Because nurses are not site of the Tennessee State Legislature, at available in most Tennessee schools, school http://www.legislature.state.tn.us, then administrators sometimes have been relying click on “Legislation,” and insert the bill on calls to 911 to treat children in need of number – SB0461 – in the search box. The emergency medication, possibly resulting in Legislature is on recess until January 2008; unnecessary trips to the emergency room. it is expected that the bill will be taken up The bill would require public schools to again at that time.

EPILEPSY LEGAL DEFENSE FUND NEWSLETTER • SUMMER 2007 3 • Russo v. SYSCO Food Services, 488 F.Supp.2d ADA regulations, ruled that Mr. Russo 228 (N.D. N.Y. 2007) – Employment had shown that SYSCO believed he was Discrimination Decision. In this case, the unable to work in a class of jobs (those court ruled in favor of a trucking com- requiring heavy equipment operation), pany employee with epilepsy who was and thus, “regarded his epilepsy as a sub- denied reassignment to non-driving jobs stantial limitation on his ability to work. as an accommodation. Mr. Russo, who Therefore, as a matter of law, plaintiff is had worked for the company 20 years as an individual with a disability.” an interstate truck driver, lost his inter- Turning to the issue of Mr. Russo’s state driver’s license after being diagnosed qualifications for the supervisor job, the with epilepsy. SYSCO refused to reassign court noted that because the written job Mr. Russo to positions as either a super- description states that driving a truck “on visor or warehouse worker, which were occasion” is a principal requirement, Mr. then available. This decision was based on Russo may be able to perform that job the company doctor’s finding that he with reasonable accommodation,” thus, could not operate commercial vehicles or raising a question of fact as to whether he equipment unless he was seizure-free for was qualified for the job. With regard to two years. The court, applying relevant the warehouse position, the court noted that this job apparently requires as an essential function the operation of a pallet Seeking the Fund’s Assistance jack and forklift. Mr. Russo’s neurologist provided an opinion that he can safely The Fund’s goals are to help individuals fight unfair practices towards perform these duties, while the company’s people with epilepsy, to create case law that protects their rights, and doctor stated that he must remain seizure- to change laws and polices that discriminate against them. To carry out free for two years before being considered these goals, the Fund: qualified. The Equal Employment Oppor- • Maintains a clearinghouse of information related the rights of tunity Commission (EEOC), in its inves- people with epilepsy, tigative of the case, the court noted, found • Provides direct legal guidance to individuals experiencing epilepsy- related discrimination and their families, and that the latter opinion is arbitrary and • Makes referrals to a nationwide network of cooperating attorneys, capricious. The court ruled that, in any who provide these individuals legal representation; in turn, the event, there are questions of fact as to Fund tracks the progress of these cases, assisting attorneys to help whether plaintiff is qualified for this posi- ensure positive outcomes. tion. A trial is pending on these issues. Individuals experiencing discrimination related to epilepsy and their This case shows that protection under representatives are invited to request legal guidance or a referral to an the ADA (notwithstanding the narrow attorney through the Fund’s Web site, www.epilepsylegal.org, or by calling definition of disability adopted by the 1-800-332-1000. The Fund’s staff will provide prompt legal guidance and Supreme Court) is available even for per- determine whether a referral to a lawyer is necessary for direct legal advice sons with epilepsy whose condition is con- or representation. The majority of lawyers to which the Fund refers cases trolled with medication or other means. have agreed to provide an initial consultation and services to a maximum of Workers can win cases under the “regarded three hours at no cost. Once a referral is made, the lawyer will evaluate a as” provisions of the ADA if they can show potential case and advise on the next steps. that the employer erroneously believed Attorneys representing persons experiencing such discrimination may the individual’s condition renders him/her contact the Fund for assistance via email ([email protected]) or by call- ing 301-459-3700. Individual attorneys and law offices that wish to assist unable to perform a broad range of jobs. the Fund by accepting case referrals may register with the Fund on-line Courts continue to find employers liable directly from the Fund’s Web site. Simply go to www.epilepsylegal.org, under both the ADA and state law when click on “Attorney Registration,” and provide the requested information. they rely on an inadequate medical assess- Soon after a registration is completed, the Fund sends out a welcome ments in determining the employee or package, with resources and background information. applicant presents a safety risk or is otherwise unqualified.

4 SUMMER 2007 • EPILEPSY LEGAL DEFENSE FUND NEWSLETTER THE ADVOCATES’ CORNER Back to School – Advocating for Students with Epilepsy he hundreds of thousands of children living must be placed in general education and that sup- with epilepsy are affected in a variety of ways. ports and services are to be provided to make this TFor some, it will be a temporary problem, placement successful. Only if a student cannot easily controlled with medication and outgrown after a few years. For others, it may be a lifelong challenge Resources to Fight Discrimination in Schools affecting many areas of life. Medical treatment of childhood epilepsy is getting better, and research The Fund has been advocating, along with the towards a cure continues. However, children with Foundation’s affiliates and its cooperating law offices, epilepsy, just like adults, continue to be subject to to ensure that children with epilepsy have equal educa- discrimination, particularly in school. For instance, tional opportunities. Parents of children with epilepsy schools frequently fail to provide to children with who have concerns or questions about these and other epilepsy adequate special education services or issues are invited to contact the Fund for information accommodations to address learning problems caused and referrals to attorneys, if appropriate. Also, the by their seizures or the side effects of anti-seizure Fund has developed a range of resources to assist par- medication. And schools may refuse to administer ents of children with epilepsy self-advocate for school emergency medication for seizures, placing a child’s services. These materials may be downloaded from health at risk. The following outlines the federal the Fund’s Web site at http://epilepsyfoundation.org/ legal protections for students with epilepsy. epilepsylegal/legalinfoctr.cfm. Attorneys representing The Individuals with Disabilities Education Act children in these matters also will find a number of helpful legal resources on the Fund’s Web site, at http:// (IDEA) is the main law that governs special education epilepsyfoundation.org/epilepsylegal/genattyresources. for students with disabilities. If students with epilepsy cfm. The Fund is in the process of developing a com- have trouble making educational progress because of prehensive legal manual for attorneys and families their condition, they can qualify for special education regarding the rights of elementary and high school services under this law. The IDEA sets out a frame- students with epilepsy, which should be completed in work for referring and testing students for special the coming months. Individual chapters will be posted education, identifying them as having disabilities that as they are completed at http://epilepsyfoundation.org/ have an adverse impact on their ability to benefit from epilepsylegal/genattyresources.cfm — please check education, developing an individualized education back frequently for updates. program (IEP), placing them into special education, and reviewing their placements on a regular basis. The law contains a number of requirements designed successfully be placed in the general education to protect the rights of children and parents in the setting with supplementary aids and services can the special education process. student be removed to a more restrictive setting. If students with epilepsy need special education, School districts are required to maintain a continuum they are entitled to IEPs that set out the special of placements to meet the needs of students. education and any related services they will receive, For a child with epilepsy, commonly requested which are necessary to educate the child. (Related related services include: health services (such as services are corrective and other supportive services administration of medication in the event of a pro- that are needed to assist a child with a disability to longed seizure), specialized recreation services (for a benefit from special education. Such services may child with difficult-to-control seizures), counseling include speech-language or physical therapy and (to compensate for the social adjustment aspects of school health services.) The IEP must be implement- epilepsy), and other non-instructional services. ed in the least restrictive environment in which the Specialized instruction may also be necessary to com- student’s needs can be met. This means that, to the pensate for accompanying learning disabilities or other greatest extent possible, a student with disabilities cognitive impairments resulting from frequent losses

EPILEPSY LEGAL DEFENSE FUND NEWSLETTER • SUMMER 2007 5 of consciousness or other impairment of attention or either law (and there would be no protection against learning ability. discrimination, unless there is an applicable state law). In many cases, a student’s epilepsy might not Examples of direct funding that would establish adversely affect his or her educational performance, coverage under Section 504 include school food and but the student may need some accommodations to be nutrition programs, assistance for at-risk students, and successful or safe at school. Such students would be grants for technology, school improvement, or other afforded the right to such accommodations under purposes. Indirect funding occurs, for example, where another federal law, Section 504 of the Rehabilitation a federal grant is made to the state which, in turn, Act — which prohibits discrimination against people allocates funds to local agencies that then provide with disabilities in programs that are operated or funds to individual schools. At least one court has funded by the federal government. In these cases, the found that a parochial school within a Roman Catholic student should have a plan that outlines all necessary diocese was covered under Section 504 as a recipient accommodations. Examples of accommodations might of federal funds, although the funds were disbursed by be: administration of routine anti-epileptic medication the state through a local public school district. See or emergency medication such as Diastat Acudial, Dupre v. The Roman Catholic Church of the Diocese of extra time for tests (seizures or medication side effects Houma-Thibodaux, 1999 U.S. Dist. LEXIS 13799, 31 may interfere with tests), or reduced workloads during IDELR 129 (E.D. La. 1999). medication adjustments. For these students, a Section Section 504 obligations are enforced by the gov- 504 plan would be appropriate. The plan would set ernment agency that administers the federal funding out the reasonable accommodations to be provided to the school receives. For programs administered by the the student on the basis of his or her epilepsy. U.S. Department of Education, these obligations are The Americans with Disabilities Act (ADA) enforced by its Office for Civil Rights. If a program is provides to students with epilepsy in private schools administered by another federal agency, that agency rights which are comparable to those enjoyed in public will be responsible for enforcement. The U.S. Depart- schools. They have the right to reasonable accommo- ment of Agriculture (USDA), for instance, would dations that do not fundamentally alter the program, enforce Section 504 where the only federal funds a if the school is subject to the ADA. school receives are for the school lunch program. One Section 504 complaint against a parochial Parochial School Obligations school, in which the Fund provided assistance, has Oftentimes, parents find that parochial schools may had preliminary success. This complaint involves a be reluctant to accept or accommodate a child with California parochial school’s refusal to allow a third epilepsy, given their budgetary concerns, misconcep- grader with epilepsy to occasionally arrive at school tions about the needs of such children — and the fact late and leave early as an accommodation. The school that such schools may not be covered by federal anti- also refused to provide the child with missed work discrimination laws. Although the ADA applies to assignments for times when she could not be in atten- private schools and requires them to make reasonable dance. The mother of the child filed a Section 504 accommodations, similar to the requirements of complaint with the USDA. USDA determined that it Section 504, the ADA does not apply to parochial had jurisdiction over the matter because it funds the schools or other programs operated by religious organ- National School Lunch Program and the relevant izations. (The ADA contains a specific exemption for archdiocese was a recipient of these funds through the “religious organizations or entities controlled by California Department of Education. (A complaint religious organizations, including places of worship.”) was also filed with the U.S. Department of Education, Such schools would be subject to the non-discrimina- but that agency found no jurisdiction, claiming the tion requirements of Section 504 only if they receive school did not benefit from any of its funding pro- funding (directly or indirectly) from a federal agency. grams; that decision is being appealed.) USDA also Therefore, schools operated by religious organizations found preliminarily that the school discriminated in that do not receive federal funding are not covered by continued on p. 8

6 SUMMER 2007 • EPILEPSY LEGAL DEFENSE FUND NEWSLETTER Cooperating Attorney Profile

he Fund greatly appreciates the recently decided ADA cases involving epilepsy. strong advocacy of Timothy Salansky See the article on page 1.) Ton behalf of people with epilepsy Tim has also handled several insurance- experiencing discrimination. Tim practices related matters referred by the Fund: One case with the firm of Clay, Kenealy, Wagner & involved an individual, who, after experiencing Adams PLLC, in Louisville, Kentucky. He a prolonged seizure, was unresponsive and focuses on general civil litigation, with par- taken to a hospital emergency room and hospi- ticular emphasis on civil rights and employ- talized overnight. Her health insurance carrier ment discrimination and harassment based refused to pay for the services, classifying the on race, gender, age and disability. Tim has incident as a non-emergency hospital visit not successfully handled hundreds of personal covered under her policy without prior author- injury and other claims and tried dozens of ization. She was left with a $10,000 hospital cases. Most notably, he was co-counsel in the bill. After Tim submitted an appeal, the insurer trial of a medical malpractice case in which reversed its position and paid the bill. the jury awarded the plaintiffs $2,500,000 in damages, the largest verdict ever rendered in the county. Resources for Attorneys, Affiliates and Consumers Tim is an active member in the Kentucky Bar Association, the Louisville Bar Association, WEB SITE — www.epilepsylegal.org the Kentucky Justice Association, and the We have recently enhanced the Attorney Resources Section of our Web National Employment Lawyers Association. site. For example, see the newly added materials in our brief bank. He is a Fellow of the National College of Also, there are a number of consumer resources that may be helpful Advocacy. Tim has participated in the Volun- (go to “Legal Information Center”). teer Lawyer Program of the Legal Aid Society ON-LINE DISCUSSION FORUMS and was recognized as the Outstanding FOR ATTORNEYS AND AFFILIATES Volunteer Attorney in 1989. He intends to spend the remainder of his legal career help- An on-line discussion forum is available for the Fund’s cooperating attorneys. The forum may be accessed directly through our Web site, ing working people whose constitutional and by going to “Attorney Resources.” This forum is intended for sharing statutory rights have been violated by their information on epilepsy-related cases and general attorney networking. employers and others. Users of the forum can receive automatic email notices when a new Tim became interested in the legal rights message has been posted in an area of interest (simply click on the of people with epilepsy when his son, Nicholas, “subscribe to this message”). To access this forum, it is necessary to was diagnosed with epilepsy after having a plug in the user name and password that were created for cooperating seizure several years ago. He became familiar attorneys when registering with the Fund. A similar discussion forum with the Epilepsy Foundation and the Fund has been established for the Foundation’s affiliates. This forum may while representing a deputy sheriff who was be accessed on the intranet site, FoundatioNet. Once at the site, go fired from his job because he had a seizure off- to “Forums” and then to “Legal Advocacy” and click on “latest topics” duty. Tim was successful in defeating the near top of page. Any questions on use of these forums may be sent Sheriff Department’s motion to dismiss the to [email protected]. case (receiving considerable assistance on the CASE LISTS AND BRIEFS brief from the Fund). The case was recently The Fund is continually updating its case lists around critical issues settled. In her order overruling the motion for areas, which we are glad to make available. These lists summarize, for dismissal, the judge in this case found that instance, court decisions on coverage of epilepsy as a disability under epilepsy is indeed a disability covered under the ADA, and employment discrimination cases handled by cooperating the ADA, even though the effects of the con- attorneys. We are glad to make available a variety of briefs filed in dition can be mitigated by medication. (This these cases upon request (in addition to those found on our Web site). favorable decision is contrary to many other

EPILEPSY LEGAL DEFENSE FUND NEWSLETTER • SUMMER 2007 7 Advocates’ Corner • continued from p. 6 obtained by making a request through the Fund’s violation of Section 504 and the investigation is con- Web site, www.epilepsylegal.org, or by emailing tinuing. There has also been preliminary success in [email protected]. pursuing remedies under California State law (settle- ment discussions are ongoing). The fund gratefully acknowledges the assistance provided in Families with concerns involving parochial schools preparing this article by Leslie Seid Margolis, Managing should consider pursuing similar complaints with Attorney, Maryland Disability Law Center. For more USDA, as many parochial schools may participate in detailed information on these and other issues concerning the school lunch program. For information on the the rights of children with epilepsy, including the right to complaint filing process established by USDA, see the access emergency anti-seizure medication, see the July 2007 Web site for its Office of the Assistant Secretary for issue of Exceptional Parent Magazine — available at Civil Rights at http://www.ascr.usda.gov/complaint_ www.eparent.com (see the Organizational Spotlight column). filing.html. More information and assistance may be

DONATING TO THE FUND

Won’t you consider making a contribution to help support the Jeanne A. Carpenter Epilepsy Legal Defense Fund? Your donation will expand our capacity to provide legal assistance to the many people around the country who experience epilepsy-related discrimination every day. To make a tax deductible contribution, simply go to www.epilepsylegal.org/donate.cfm or click on “make a donation,” which appears at the top of the Defense Fund’s Web site (www.epilepsylegal.org).

newsletter

EDITOR Gary Gross DEFENSE FUND LEGAL ADVISORY BOARD Jeanne A. Carpenter Epilepsy Kathleen A. Behan, Esq., Bailey and Ehrenberg PLLC, Legal Defense Fund Washington, DC PUBLISHER Epilepsy Foundation Joyce A. Bender – ex-officio, Chief Executive Officer, 8301 Professional Place Bender Consulting Services, Inc., Pittsburgh, PA Landover, MD 20785 Claudia Center, Esq., Senior Staff Attorney, Legal Aid Society, 301-459-3700 San Francisco, CA [email protected] Dennis DeCaro, Esq., Partner, Kupets & DeCaro, Chicago, IL www.epilepsylegal.org Leonard Dubin, Esq., Los Angeles, CA A.G. Newmyer III, Palm Beach Gardens, FL Matthew R. Schneider, Esq., Managing Director, Garvey, Shubert & Barer, Washington, DC Laurence A. Silverman, Esq., Partner, Covington & Burling, New York, NY

8 SUMMER 2007 • EPILEPSY LEGAL DEFENSE FUND NEWSLETTER