An Indianapolis family is fighting for the right of their traumatic brain injured child to educational services mandated by law. Mikey Berns, 5, suffered a traumatic brain injury when a 150 pound cabinet fell on him last October. Mikey’s mother, Amy Berns, said the school district has refused to allow the boy to attend full day kindergarten at a local elementary school because they don’t believe he needs the services. Mikey’s doctor disagrees, saying it is vital to the boy’s education and development. His mother goes on to say, “That first six months and then that year mark is the most critical time frame in order to recoup those skills that were damaged from the injury.” Since the school refused to allow Mikey to attend full-day kindergarten, his family enrolled him in one-on-one instruction at a learning center at a cost of nearly $1,200 a week. His family is asking the school district to reimburse them for the private programs since law mandates care for special educational students and for the attorney costs mounting in their fight. “The government provides funding for special education children so that money is given to the schools so that they can implement an individualized education plan specific to that child's needs,” Berns said. “That's what they've failed to provide for him.” The school system countered, “Hamilton Southeastern provides a free and appropriate education to any of its students with special needs according to state and federal guidelines. This is an instance where the parents and school district disagree about what is appropriate,” Said a statement from Marianna Richards, director of school and community relations. This is just one example of discrimination against individuals with a traumatic brain injury.