Students with TBI - Thriving Beyond Injury
TBI Facts and Advocacy Tips

TBI Facts

The following are some facts about TBI:

• In Ohio, only 962 children are being served under the TBI category in schools.
• In Ohio, 450 to 600 children sustain a TBI in the moderate to severe range every year.
• In Ohio, 3,750 children sustain a TBI every year.
• Nationwide, TBI leaves more than 17,000 children with a permanent disability every year.
• Nationwide, TBI in children results in more than 250,000 hospital admissions every year.
• Nationwide, TBIs account for more than 10 percent of all emergency room visits by children.
• Nationwide, over 1,000,000 children sustain a TBI each year.

These TBI fact were collected from the following are sources:

• Goldstein, F. C., & Levin, H. S. (1987). Epidemiology of pediatric closed head injury: Incidence, clinic characteristics, and risk factors. Journal of Learning Disabilities, 20, 518-525.
• Kraus, J. F., Fife, D., Cox, P., Ramstein, K., & Conroy, C. (1986). Incidence, severity, and external causes of pediatric brain injury. American Journal of Diseases in Childhood, 140, 687-693.
• Kraus, J. F. (1995). Epidemiological features of brain injury in children: Occurrence, children at risk, causes and manner of injury, severity, and outcomes. In S. H. Broman & M. E. Michel (Eds.), Traumatic head injury in children (pp. 22-39). New York: Oxford University Press.
• Ohio Department of Education, iLRC Interactive Reports, 2005-2006 Child Count.
• US Census Bureau.

TBI Advocacy Tips

The following are tips for advocating for your child with TBI.

Will my school understand that my child is eligible for services under Ohio law?

Your school may not be as familiar with the expanded Ohio definition of TBI. You may have to educate your school about the expanded definition by copying the definition provided in this book and sharing it with your school.

Who is responsible for making sure my child receives transition services?

Good transition planning often involves collaboration among different agencies or service providers. When your team is ready to discuss transition, community services providers should be included in the discussion. Your school is required to invite necessary providers to your transition planning meeting. If the providers fail to attend, your school remains responsible for ensuring that appropriate transition services are provided.

What can I do if my school tells me my child does not qualify for special education services?

Make sure that your child's school is aware of the expanded definition of TBI in Ohio. This definition is broader than the definition of TBI in the federal law, and should qualify more children for services. Ask your child's school whether they considered eligibility for services under Section 504 of the Rehabilitation Act of 1973. This federal law qualifies children with a disability for services under what is called a Section 504 plan. Children can qualify for a Section 504 plan if they have a substantial limitation in their ability to learn or another major life activity such as walking, seeing, hearing, etc.

What if my child's teacher is unfamiliar with children with TBI and doesn't know how to teach my child?

Your child is entitled to teachers and service providers who are appropriately trained and qualified. Your child's IEP team should discuss whether additional training and technical assistance is needed for school personnel to provide the IEP services your child needs. If training for school personnel is identified as a need, it should be included in the services column of your child's IEP. Training and technical assistance can include books and other materials, in-service training, on-site training and educational conferences.

What can I do if my school says it cannot afford to provide a service to my child?

Your child is entitled to necessary services regardless of the cost of the service or your school's ability to pay for the service. Cost can only be considered if the team is looking at multiple ways to provide a particular service. In that case, the school can choose to provide the cheapest service as long as the choice is appropriate for your child. For example, if an evaluator has recommended two different augmentative communication devices for your child and both are appropriate, the school can choose to provide the cheaper of the two.

Because there may be tension between your child's entitlement to services and your school's budget, the team should discuss alternative sources of funding for services. If an alternative source of funding is available such as private insurance, Medicaid, or assistance from another agency, such funding can be used to provide a service to your child. However, you cannot be required to use your private insurance.

What can I do if my school only provides 30 minutes of speech therapy per week to students because of the therapist's schedule?

The provision of a service to your child must be based on your child's individual need for the service. Because your child is unique, the recommendation for a service should be based on an individualized assessment of your child. The assessment should take into consideration your child's unique situation and recommend a service amount necessary to address your child's needs. A school cannot limit the amount of service to a child based on administrative considerations such as availability of the service provider or cost of the service.

How do I know when to pursue an impartial due process hearing?

It is generally best to use an impartial due process hearing as a last resort in resolving a dispute about your child's education. If your school district is willing to work with you to resolve disputes, and works with you in good faith, you should negotiate with your school for a resolution to the problem. You should also consider whether bringing in an impartial person to assist the team in resolving the dispute might be helpful. If you have engaged in a good faith effort at advocacy and negotiation and still cannot resolve your dispute, a due process hearing may be necessary. If you choose to pursue an impartial due process hearing you should be ready to proceed. Being ready to proceed requires that you have prepared for a hearing. Preparation for a hearing includes being able to prove your case. Proof requires evidence in documentary and testimonial form. Make sure you have records and witnesses available to testify and support your request. Generally, an expert witness is important in a due process hearing. You should have considered your documents and witnesses prior to requesting a hearing.

What if someone wants to tape record my child's IEP meeting?

While parents and schools are allowed to tape record meetings, the use of a tape recorder can mean that the parent and school are not working well together and that there is a lack of trust. The introduction of a tape recorder at a meeting can create tension and may send a negative message to other team members that you don't trust them. There are non-threatening reasons for taping a meeting such as for a spouse who cannot attend a meeting or for a parent who has learning difficulties. If you want to tape record a meeting, call the school and let them know. It is helpful if you tell them why you want to record the meeting.

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