Children tend to make what appears to be a "good" physical recovery from brain injuries, but parents, teachers and doctors are surprised by, and unprepared for the behavioral, learning and emotional problems that soon follow. Further complicating this situation is the fact that children are unable to speak for themselves in this regard and, therefore, their issues go largely unaddressed. Anger, alienation and fear are part and parcel of the landscape of tbi.  Learning to deal with such emotions are part of growing up, however, tbi impairments inhibit learning and emotional control. 

     Due to the nature of the persistent problems that typically follow tbi, (restlessness, disinhibition, and impulsivity) many children with tbi are misdiagnosed as ADD/HD. Recent studies have shown a
strong relationship between a history of tbi and violence in children. Too often child victims of tbi become victims of the mental health and prison, or should I say "Corrections" system, where they are maintained in chemical straight jackets and are denied the benefit of training and rehab to learn skills to effectively deal with such impairments. 

     The problems that these kids develop due to tbi easily overwhelm the families capacity to cope.  Such children make up a large portion of the homeless youth population. 

     It is likely that following such an injury it will be necessary to become your child's advocate. Your role in this regard takes on added importance when it comes to drafting an individualized education plan for your child.  Such a plan should  include the goals and objectives to be met  over the next year.    Remember you are the last word on your child's treatment and educational placement.  You do not have to agree to any plan that you do not feel is in your child's best interest.  The following is a listing of legally mandated educational services available to your child.

     The law allows you to request the school to provide individualized tutoring and remediation. However, the law only requires that remediation be provided for those students in acquisition of basic skills in reading, writing, spelling and arithmetic. If it is determined that your child needs more support than related services or consultation provides, then other placement options could be offered. Other placements generally include resource classes part-time, resource classes full-time, self-contained classroom, alternative school, or homebound tutoring and / or hospital tutoring. 

     Next, you can get a second or third opinion.  When your child's well-being is at stake, it is important to consider the advice from several professionals and choose the option that is best for you.  If you feel there is a need, you can take your problem up the chain of command.  Sometimes parents are reluctant to "go over a professional's head" in an organization, but that is why there are levels of authority.  You may find that your problems are easily solved at the second or third level above the one where you started. 

     Section 504 protects all persons with a disability who have a physical or mental impairment which substantially limits one or more major life activities; have a record of such an impairment; or are regarded as having such an impairment. 

     A physical or mental impairment is defined as any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems:   neurological, musculoskeletal, special sense organs, respiratory including speech organs, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin or endocrine: or any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities.

     In addition, a person's physical or mental impairment must have a substantial limitation whether permanent or temporary on one or more major life activities. These life activities include caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning or working. As far as students are concerned, the main question is whether a student's impairment substantially limits the ability to learn.

     Don't let school administration get away with telling you that your child must have an impairment of a major life activity other than or in addition to learning. That simply is not true. Also, be watchful of how the school measures your child's limitations. There are no quantifiable standards to use to determine whether or not there is a substantial limitation of a major life activity.

     In fact, be sure that schools do not base decisions solely on your child's grades. Both academic and nonacademic activities need to be taken into consideration. Many schools do not identify all students who qualify for services under Section 504. The reason is because they take too narrow an interpretation of the law. As a result, many school districts are found to be out of compliance for failure to identify these students.

    You, as the parent, are the strongest advocate for you child. Mention compliance to schools and see how well their listening improves. Even students with temporary disabilities arising from accidents who may need short term hospitalization or homebound recovery are covered under Section 504 without being eligible under IDEA:

View the IDEA page on the web site of the U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-0498 1-800-USA-LEARN,  email: CustomerService@inet.ed.gov url: http://www.ed.gov/offices/OSERS/IDEA/