Traumatic brain injuries (TBIs) can have a lasting impact on a child’s life and well-being. Parents of children with TBI may worry about their child’s legal rights and protections.
Here is an accessible guide for parents on these important legal safeguards for TBI children:
The Individuals with Disabilities Education Act (IDEA): This federal law guarantees children with disabilities, including TBI, the right to a free and appropriate public education. This includes special education as well as related services that will enable them to succeed academically.
Section 504 of the Rehabilitation Act: This law safeguards individuals with disabilities, such as TBI, from discrimination in any program or activity that receives federal funding. Schools must provide reasonable accommodations so TBI children have access to education and activities.
The Americans with Disabilities Act (ADA): This law prohibits discrimination against individuals with disabilities, including TBI, in all aspects of public life such as employment, education, and access to public facilities.
Family Educational Rights and Privacy Act (FERPA): This law safeguards the privacy of student’s educational records, including those of TBI children, by granting parents access to those records.
Health Insurance Portability and Accountability Act (HIPAA): This law safeguards a child’s medical privacy, including information related to TBI, by giving parents access to their child’s records.
State-specific Laws: Many states have laws that provide additional safeguards for TBI children, such as mandatory concussion protocols in school sports or requirements for specialized training for school personnel. Parents of TBI children must be aware of their legal rights and advocate for them. This may involve working with their child’s school to create an Individualized Education Plan (IEP), or seeking legal counsel if there are violations occurring to those rights.
If you are a parent and you need help navigating the legal system, it’s important to seek assistance first from a personal injury lawyer.
What you and your children are going through is stressful, tough to deal with, and draining. You need someone who will understand, sympathize, and fight for you. Darfoor Law Firm is here to help you and guide you with the best course of action.
Call us at +1-833-DARFOOR for a free consultation and case evaluation.