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Parents Fight For Son's Right To Take Daily Classes

Last updated on Wednesday, October 15, 2008

(NOBLESVILLE) - His parents face a dilemma after a five-year-old with a brain injury was denied two daily kindergarten classes in the Hamilton Southeastern schools.

A neuropsychologist recommends Michael Berns enroll in both morning and afternoon kindergarten classes--anticipating a benefit from the repetition.

A Department of Education hearing officer finds the Hamilton Southeastern School District was right to offer an individualized plan that would have included therapy.

But the boy's father, Damian Burns, says the school district has never examined his son. With that, he asks how the district could make conclusions about the boy's needs.

The school district must pay its legal fees and the cost of the hearing which could be more than $20,000 dollars. But Michael's parents must pay their own legal fees of about $34,000 dollars

They're also paying the cost of full day kindergarten at a private school in Noblesville, where Michael has been enrolled since last summer--$875 dollars a month.

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