Brain-Injured Boy's Parents Continue Fight With School

CARMEL, Ind. -- The educational fate of a child in the Hamilton Southeastern school district was debated again Friday in a Department of Education hearing.

An independent hearing officer listened to testimony from experts representing both the family and the school district.

The parents of Mikey Berns (pictured), 5, want their son to attend both morning and afternoon kindergarten, but the school district contends that it isn't necessary, 6News' Julie Pursley reported.

Berns suffered a traumatic brain injury last year when a 150-pound cabinet fell on his head. Since then, the boy has had memory problems, his parents said, and could benefit from the repetition two sessions of kindergarten would provide.

The Bernses said they boy's neuropsychologist, Dr. Bryan Hudson, told them the boy would benefit from attending both kindergarten sessions and that the school district is obligated to provide that service.

"Any time you have material presented more than once, it increases the likelihood that it will be encoded and consolidated for later use," Hudson said.

The Hamilton Southeastern school district doesn't offer full-day kindergarten and denied the request that Mikey attend both sessions.

Dr. Chris Sullivan, a neuropsychologist hired by the school district, reviewed the boy's medical records and told the hearing officer that the boy's memory is solidly average.

The school district's attorney asked Sullivan if a longer day of instruction would help with his type of injury, to which Sullivan replied: "It is not the case more is better. It is how information is presented."

"Simply repeating curriculum is not necessarily going to produce gains you want," Sullivan said.

"It's really hard to sit there as his parents and listen to people who haven't met your child say, 'Oh no, this wouldn't happen or that can't happen,'" said Amy Berns, Mikey's mother.

If the Bernses prevail in their fight, they want the school district to cover costs of one-on-one instruction in a special learning center.

The school district said it had offered half-day kindergarten and special therapy for Mikey.