Spanish Tutoring and Child Care Company Enters Into Settlement Agreement After Rejecting Child With Epilepsy

Spanish Schoolhouse, a company that offers Spanish language programs for preschool, kindergarten, and elementary-age children on nineteen campuses in the greater Dallas, Fort Worth, and Houston areas, will implement an anti-discrimination policy, accept students with epilepsy, and train its employees to administer anti-seizure medication as required by the Americans with Disabilities Act, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.

In March of 2021, a couple attempted to enroll their two-year-old child in Spanish Schoolhouse's daycare program. They informed the program that the student had epilepsy. Spanish Schoolhouse accepted and enrolled the child and requested a "seizure action plan" drafted by the child's physician. The plan submitted by the couple outlined treatment protocols should a seizure occur, including removing the student from the classroom upon onset of a seizure and administering a rectal medication for seizures lasting more than three minutes.

Citing the seizure action plan, the school reversed its acceptance decision. A director told the parents that the staff were uncomfortable with monitoring the student for potential administration of the medication and lacked the manpower to be able to remove the child from the classroom in the event of a seizure. The parents said it would be acceptable to treat the child inside the schoolroom, rather than removing the child. The school still refused to accept the child.

The Justice Department later concluded that the school's decision violated Title III of the Americans with Disabilities Act (ADA), which requires businesses that serve the public to make "reasonable modifications" to policies, practices, and procedures to accommodate those with disabilities.

Spanish Schoolhouse entered into a settlement agreement with the United States Attorney's Office on Aug. 29. The agreement requires the company to allow the child to enroll at any of its facilities and to pay the parents $5,000 to compensate them for the harm caused. It also requires the company to implement an Emergency Anti-Seizure Medication Administration Policy, to train necessary staff annually on seizure disorders and the administration of anti-seizure medication as well as CPR, and to advise all parents of students with seizure disorders of the policy.

Under the terms of the agreement, Spanish Schoolhouse must forward any complaints related to reasonable modifications to the Department of Justice within 30 days of receipt.