Education is a fundamental right for every child, which is also true for youngsters who experience a brain injury. While schools are obligated to provide free and appropriate instruction to all students, the needs of children with traumatic brain injuries (TBIs) often necessitate specialized support to ensure they can fully access and benefit from their education. If your child requires this tutelage, our experienced Virginia brain injury attorney will advocate for their rights so they get the education and compensation they deserve.
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Special Education Services Provided by Schools
When a child qualifies as a student with a brain injury, the school is responsible for developing an appropriate plan to meet their educational needs. The Individualized Education Program (IEP) and the 504 plan are two common support services. These programs offer a tailored approach to address each child's unique challenges and requirements. 
Individualized Education Program (IEP)
An IEP is a comprehensive, legally binding document outlining the specialized services and accommodations a child with a TBI needs. It may include tailored instruction, therapy, and support to help them succeed in school. IEPs are typically more extensive and individualized than 504 plans, offering a wide range of services tailored to the student’s specific needs.
504 Plan
A 504 plan, while less comprehensive than an IEP, still provides vital support for children with brain injuries. These plans ensure equal access to education by offering accommodations and modifications. Common 504 plan accommodations include extended time for tests, preferential seating, and access to assistive technology.
Types of Services Not Provided by Schools
It’s essential to understand what schools aren’t required to provide regarding education rights for children or teens with brain injuries, and why filing a lawsuit may help cover these costs. Although each district is different, here are some of the most common services school systems don’t cover.
Medical Care
Schools are generally not responsible for providing medical treatment, including surgeries, medications, or ongoing medical care. However, they may need to provide accommodations to support a child's participation in educational activities.
If a school refuses to provide necessary accommodations to support your child's participation in educational activities—such as a medically necessary aide or equipment—a lawsuit may be necessary to enforce these rights.
Out-of-Pocket Costs
Parents may be responsible for certain expenses related to their child's TBI, such as medical bills and transportation costs. If you incur substantial out-of-pocket expenses due to your child's brain injury, legal action may help you recover these costs, ensuring that financial burdens aren’t unduly placed on the family.
Future Costs
Schools may not be liable for costs related to future medical care or treatments, as their obligation primarily concerns providing a free and appropriate education. A lawsuit helps secure funding for future medical care or necessary accommodations related to your child’s brain injury that the school isn’t providing.
Additional Therapies
While schools offer services such as physical therapy and occupational therapy as part of the child's IEP or 504 plan, you might need to seek out additional therapies not directly related to education. If your child would significantly benefit from therapies beyond what the school provides, a lawsuit can help you access them through compensation or reimbursement.
How The Mottley Law Firm Can Help
Navigating the educational rights and legal aspects related to a child's brain injury can be complex. At The Mottley Law Firm, we can play a crucial role in advocating for your child's rights and ensuring they receive the necessary support to thrive. Here’s what we provide.
Legal Expertise
A lawyer specializing in education law understands the intricacies of the legal framework and can ensure that your student’s rights are protected.
An Individualized Approach
Your legal team works closely with you and your child to develop a personalized strategy that addresses your unique needs and concerns.
Assist in Negotiation and Mediation
In many cases, disputes can be resolved through negotiation or mediation, and a skilled attorney guides you through these processes to achieve the best possible outcome without going to court.
Court Representation
If necessary, a lawyer can represent you before a judge and jury, advocating for your child's rights and working to secure the appropriate educational support and financial compensation.
