A student must be assessed under the IDEA in all areas of suspected disability. Traumatic brain injury or “TBI” is one of the areas of eligible disabilities under the IDEA.
A student with traumatic brain injury (TBI) is one who has been determined to meet the criteria for traumatic brain injury. Traumatic brain injury means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment or both, and that adversely affects the student’s educational performance.
TBI applies to open or closed head injuries resulting in impairments in one or more areas: cognition; language; memory; attention; reasoning; abstract thinking; judgement; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech.
TBI does not apply to brain injuries that are congenital or degenerative or to brain injuries induced by birth trauma.
To assess for TBI, the District or Campus Assessment Personnel will comply with the general evaluation procedures. See [EVALUATION PROCEDURES]. In addition, a traumatic brain injury must include a medical diagnosis provided by a licensed physician.
Campus Personnel and/or a student’s parent may refer the student for a traumatic brain injury evaluation when the Campus Personnel and/or parent suspects that functional and/or psychosocial deficits are the result of the student’s acquired brain injury that adversely affects the student’s educational performance.
In order to make a determination of eligibility based on TBI, the ARD Committee must receive a medical diagnosis from a licensed physician. If the student has a physician, the Campus or District Assessment Personnel may request that the student’s physician provide the diagnosis regarding the student’s brain injury. The Campus or District Assessment Personnel must request that the parent sign a Consent for Release of Information so that the Assessment Personnel may communicate with the student’s physician to obtain this health information and/or provide any clarifying health information to the ARD Committee. If the parent refuses to sign the release and/or the student does not have a regular physician, the District or Campus Assessment Personnel must arrange for the student to be evaluated by a District-provided physician.
After completion of the FIE, the District will convene an ARD Committee meeting to review the FIE. The ARD Committee must determine whether the student meets eligibility criteria for traumatic brain injury based on the results of student’s evaluation, including the diagnosis from a physician.
If the student does not meet the eligibility criteria for TBI, or any other eligibility criteria under the IDEA, or does not need special education or related services due to his/her disability, Campus Personnel should refer the student to the Campus or District Personnel responsible for compliance with Section 504 to determine whether the student is eligible for accommodations or services as a student with a disability under Section 504.
The District will maintain documentation requirements of compliance associated with Texas Student Data System (TSDS), Public Education Information Management System (PEIMS), and State Performance Plan (SPP). District staff will provide training, with follow up, to ensure the documentation required is in place and compliant.
Notice of Evaluation
Consent for Evaluation
Referral Information
Assessment Plan
Consent for Release of Information
Physician Diagnostic Information Report
FIE
Disability Report: Traumatic Brain Injury
ARD/IEP
Documentation for the state in TSDS, PEIMS, and SPP
[DISTRICT FORMS]
Traumatic Brain Injury - Texas Education Agency
Traumatic Brain Injury - SPEDTEX
OSEP Letter to Harrington (July 13, 1993) - U.S. Department of Education
Board Policy EHBAA; Board Policy EHBAB; 34 CFR 300.8(c)(12), 300.304(c)(4); 19 TAC 89.1040(b)–(c), 89.1050(a)(5)