How a Personal Injury Can Trigger Special Education Rights Under IDEA in Washington
In the United States, over 5 million children are treated for injuries in emergency departments each year. These injuries may vary significantly in cause, severity and prognosis, but one thing is certain: When children experience serious injuries, whole families tend to be impacted.
While many children fully recover from their injuries, some experience life-altering side effects from their injuries that can disrupt their cognitive, physical and emotional capabilities. Subsequently, many injured children require enhanced support and accommodations in order to engage fully and equitably in school and beyond. These injuries may impact the ability to focus, process information, communicate, or participate fully in school.
Let’s explore some of the ways young survivors of life-altering injuries can benefit from accessibility legislation like the Individuals with Disabilities Education Act (IDEA) and discuss how an experienced special education lawyer can help Washington families fight for the rights of children with disabilities.
How personal injuries can affect the learning experience
In a perfect world, all children would make full recoveries from accident-related injuries. Unfortunately, unintentional injuries remain one of the leading causes of developmental disabilities in children. When a child is seriously injured in an accident, it is not uncommon for that child to present with lasting side effects during and after their recovery process.
Some of these life-altering changes may include:
- Cognitive fatigue or processing delays
- Memory or attention difficulties
- Speech, language or motor impairments
- Emotional regulation issues
- Behavioral changes
In addition to the cognitive, physical and emotional side effects listed above, some serious injuries require ongoing medical care or frequent follow-ups that may result in students missing significant class time. These absences can seriously disrupt learning and put students at risk of falling behind in traditional learning environments.
Who is at risk for developing new disabilities?
Even relatively “mild” injuries can lead to significant classroom challenges, especially if the student’s needs are overlooked or misinterpreted. It is important for parents and educators to familiarize themselves with some of the risk factors commonly associated with injury-related learning disabilities.
According to Safe Kids Worldwide, young people are at an increased risk of serious injury or death if they:
- Come from a low-income family
- Live in a single-parent household
- Are four years of age or younger
- Identify as Native American or African-American
- Have existing disabilities or neurodivergent conditions like autism or ADHD
- Reside in a rural area
- Live in an inner-city neighborhood
Children whose backgrounds align with those listed above may be more likely to develop disabilities after an accident. When adults overlook these risk factors or miss signs of emerging learning challenges, injured children may find themselves at an even greater risk of losing academic ground and falling behind their peers. Recognizing these potential difficulties early is often the first step towards helping an injured student secure the support and accommodations they need to continue to succeed in the classroom and beyond.
Do injured children qualify for disability services?
In some cases, injury-related cognitive, physical and emotional changes may make a student eligible for school-based support under the Individuals with Disabilities Education Act (IDEA), Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. These laws were all designed to ensure individuals with disabilities maintain equitable access to the information and resources they need to live their lives to the fullest.
As per the stipulations of IDEA, students with qualifying disabilities are entitled to receive a Free Appropriate Public Education (FAPE) through Individualized Education Programs (IEPs). For a student to be eligible, however, the injury must result in an educational disability that fits within one of the following categories:
- Speech or language impairment
- Specific learning disability
- Autism
- Intellectual disability
- Emotional disturbance
- Developmental delay
- Multiple disabilities
- Hearing impairment
- Orthopedic Impairment
- Visual impairment
- Traumatic brain injury
- Deaf-blindness
- Other health impairment (which includes ADHD)
It’s important to note that when assessing eligibility for services under IDEA, it is the impact of the injury and not just the formal diagnosis that matters. That means any time a child’s injuries result in difficulties that fall into one of IDEA’s recognized categories, their school may be required to evaluate the student’s needs and develop an IEP to advance accessibility.
For injuries that do not rise to the level of needing an IEP, families can still request accommodations be made for their child under Section 504 of the Rehabilitation Act. A 504 Plan offers protections for students with physical and/or mental impairments that substantially limit major life activities like learning. While less comprehensive than an IEP, a 504 Plan can still play a vital role in helping a student successfully return to school after an injury with the help of testing modifications, assistive technology solutions, emotional support services and more.
How to request special education services after your child’s injury
If your child is struggling in school after an injury, there are a few steps you should take to request disability accommodations:
- Submit a written request to the school district asking for a special education evaluation.
- Share medical records and/or other assessments that document your child’s injuries and their effects on your child’s learning capabilities.
- Request a meeting with your school’s special education/accessibility team to discuss your child’s needs and determine next steps.
In Washington State, school districts have 25 school days to respond to an evaluation request and 35 school days to complete the evaluation once consent is obtained. If the results of evaluation indicate that a child’s injury has created a qualifying disability, the school is required to work with the family to create an Individualized Education Program (IEP) that outlines the student’s needs, services and progress goals.
How a personal injury attorney can help
These kinds of cases can be incredibly nuanced and complex, but the bottom line is this: If your child needs support, they should not be barred from accessing it. Beyond helping families of injured children fight for compensation for their economic and non-economic damages, personal injury attorneys – like the experienced professionals at Smith McBroom Injury and Accident Lawyers – can help parents effectively advocate for their children’ s rights and enforce a student’s rights under IDEA and Section 504.
At Smith McBroom Injury and Accident Lawyers, we specialize not just in helping children and guardians navigate the legal system but in mediating conversations with school districts about IEP development and 504 plan compliance. Whether your child is missing school, falling behind academically or otherwise struggling after an injury, our team may be able to help your family access all the support you are entitled to under the law.
Navigating both the legal and school systems at once can feel overwhelming, but you don’t have to do it alone. Contact us today for a free case evaluation, and let’s take the next step together towards fighting for your child’s future.