When brain injury occurs during birth or early childhood, it can affect how a child learns throughout their educational journey. Learning disabilities are among the most significant long-term consequences of brain injury, impacting academic achievement, self-esteem, and future opportunities.
For New York families navigating learning disabilities following brain injury, understanding your child’s educational rights and the support available is essential. This comprehensive guide explains how brain injury affects learning, what services are available, and how to advocate for your child in the school system.
Key Point: Many students with brain injury are misidentified as having a learning disability, emotional disturbance, or intellectual disability without recognition of the underlying brain injury. Proper identification ensures children receive the specific support they need.
How Brain Injury Causes Learning Disabilities
According to Cleveland Clinic, learning disabilities are neurologically-based processing issues that happen because of problems in the nervous system. When brain injury occurs during birth or early development, it can affect how the brain receives, processes, and communicates information.
The Center for Parent Information and Resources explains that brain injury can change how a person acts, moves, and thinks, directly impacting how a student learns and performs in school.
Common Learning Challenges After Brain Injury
Cognitive Challenges
- Memory difficulties
- Slower processing speed
- Attention and concentration problems
- Difficulty following instructions
- Problems with organization
- Trouble with abstract concepts
Academic Challenges
- Reading comprehension difficulties
- Writing and spelling problems
- Math calculation struggles
- Difficulty completing work on time
- Problems retaining new information
- Test-taking difficulties
According to BrainLine, frequent complaints from students with brain injury include difficulty with memory and comprehension, trouble completing required work within allotted time, lack of energy, susceptibility to distraction, and confusion.
Types of Learning Disabilities
| Learning Disability | What It Affects | Signs in Children |
|---|---|---|
| Dyslexia | Reading and language processing | Difficulty reading, spelling, writing; confuses letters |
| Dyscalculia | Math and number sense | Trouble with numbers, counting, calculations, math concepts |
| Dysgraphia | Writing and fine motor skills | Messy handwriting, difficulty organizing thoughts on paper |
| Auditory Processing Disorder | Processing spoken language | Difficulty following verbal instructions, distinguishing sounds |
| Visual Processing Disorder | Processing visual information | Trouble with reading, math symbols, spatial relationships |
| Nonverbal Learning Disability | Visual-spatial, motor, social skills | Poor coordination, social difficulties, trouble with patterns |
Getting Your Child Evaluated
According to Children’s National Hospital, if you suspect your child has a learning disorder, you should formally request testing through their school system. Schools are required to evaluate children ages 3-21 if they’re suspected of having a disability that affects learning.
Evaluation Process
- Written request: Submit a written request for evaluation to your school district
- Consent: The school must obtain your written consent before evaluating
- Timeline: Evaluation must be completed within 60 days of consent
- Comprehensive assessment: Multiple areas of suspected disability must be evaluated
- No cost: All evaluations are provided at no cost to families
Neuropsychological Assessment
A neuropsychological assessment tests how brain conditions affect your child’s behavior and cognitive skills. This specialized evaluation maps areas of the brain that correspond to specific learning strengths and weaknesses, which is particularly useful for children with known brain injuries.
Your Child’s Educational Rights
Children with learning disabilities from brain injury have specific legal rights under federal law:
IDEA – Individualized Education Program (IEP)
The Individuals with Disabilities Education Act provides:
- Free evaluation for suspected disabilities
- Free appropriate public education (FAPE)
- Individualized Education Program (IEP)
- Special education services
- Related services (speech therapy, etc.)
- Parental participation rights
Section 504 – Accommodations
Section 504 of the Rehabilitation Act provides:
- Protection from discrimination
- Reasonable accommodations
- 504 Plan for needed supports
- Access to general education
- Equal opportunity to learn
- Covers students not qualifying for IEP
Educational Interventions and Support
According to Model Systems Knowledge Translation Center, successful educational reintegration for students with brain injury requires careful assessment of each child’s unique needs and selection of classroom interventions designed to meet those needs.
Common Accommodations
- Extended time: Additional time for tests and assignments
- Reduced workload: Modified assignments with fewer problems
- Preferential seating: Placement to minimize distractions
- Note-taking support: Copies of notes or recording permission
- Frequent breaks: Rest periods to combat fatigue
- Chunked instruction: Information presented in smaller segments
- Visual aids: Graphic organizers and visual schedules
- Repeated directions: Instructions given multiple times or in writing
Special Education Services
Children may receive specialized instruction in areas such as:
- Reading and language arts
- Mathematics
- Written expression
- Study skills and organization
- Social skills
- Executive function skills
Identification Gap: According to the Brain Injury Association of America, research shows many students with brain injury are not being screened or identified by school districts for appropriate services. Parents may need to advocate for proper identification.
Treatment Beyond School
In addition to educational support, children with learning disabilities from brain injury may benefit from:
- Cognitive rehabilitation: Therapy to improve memory, attention, and executive function
- Tutoring: One-on-one academic support
- Speech-language therapy: For language-based learning disabilities
- Occupational therapy: For fine motor and organizational skills
- Psychological support: For emotional challenges related to learning difficulties
When Medical Negligence May Be a Factor
Learning disabilities often result from brain injuries that occur during pregnancy, labor, or delivery. When these injuries are caused by medical negligence, New York families may have legal options. Medical errors that can cause brain injury affecting learning include:
- Failure to monitor fetal heart rate and recognize distress
- Delayed response to oxygen deprivation
- Failure to perform timely cesarean section
- Improper use of delivery instruments
- Failure to treat infections affecting the baby’s brain
- Birth trauma causing brain damage
Frequently Asked Questions
Can brain injury cause learning disabilities?
Yes, brain injury is a significant cause of learning disabilities. Damage to areas of the brain responsible for processing information can affect how a child learns, remembers, and applies new knowledge throughout their education.
How are learning disabilities from brain injury different?
Unlike developmental learning disabilities, learning difficulties from brain injury often appear suddenly and may affect children who were previously performing well academically. The pattern of strengths and weaknesses may be uneven, and children may remember how they learned before the injury.
What is an IEP?
An Individualized Education Program (IEP) is a legally binding document that outlines the special education services and supports a child with a disability will receive. It includes goals, accommodations, and services tailored to the child’s specific needs.
How do I request an evaluation for my child?
Submit a written request to your school district asking for an evaluation for special education services. The school must respond within a specific timeframe and cannot evaluate without your written consent.
What’s the difference between an IEP and a 504 Plan?
An IEP provides specialized instruction and services under IDEA for students with disabilities affecting educational performance. A 504 Plan provides accommodations under Section 504 for students with disabilities who may not qualify for an IEP but need support to access education.
Can learning disabilities be treated?
While learning disabilities cannot be “cured,” appropriate intervention and support can help children develop strategies to succeed academically. Early intervention, specialized instruction, and accommodations can significantly improve outcomes.
Will my child always struggle in school?
With proper identification, appropriate services, and family support, many children with learning disabilities from brain injury achieve academic success. The key is early intervention and ongoing support tailored to the child’s needs.
What if the school denies services?
If you disagree with the school’s evaluation or service decisions, you have rights to dispute resolution, including mediation and due process hearings. Consider consulting with a special education advocate or attorney if needed.
Does New York offer additional support?
Yes, New York provides Early Intervention services for children under 3 and special education services through school districts for children 3-21. The state also has parent advocacy organizations that can help families navigate the system.
Can I pursue legal action if my child’s learning disability was caused by birth injury?
If medical negligence during pregnancy, labor, or delivery caused brain injury leading to learning disabilities, you may have grounds for a medical malpractice claim. Compensation can help cover the costs of tutoring, therapy, and educational support throughout your child’s life.
Getting Help for Your Family
If your child has learning disabilities that you believe resulted from medical negligence during birth, understanding your legal options is important. Compensation can help cover the costs of specialized education, tutoring, therapy, and other support your child may need throughout their educational journey.
Our free service connects New York families with experienced medical malpractice attorneys who specialize in birth injury cases. There is no cost to use our service, and attorneys work on contingency.
Connect with Qualified NY Attorney
Free case evaluation. No obligation. Attorneys work on contingency.
