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TRAUMATIC BRAIN INJURY

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TRAUMATIC BRAIN INJURY

Authorities: 34 C.F.R. Part 300; 19 T.A.C. Chapter 89

	FEDERAL AND STATE REQUIREMENTS
Document Citations	The child must be assessed in all areas of suspected disability.
Practice	The local educational agency must comply with EVALUATION PROCEDURES.
Practice Citations	In Texas, the group of qualified professionals that determines whether the child is a child with a disability and the educational needs of the child is the child's ADMISSION, REVIEW, AND DISMISSAL COMMITTEE.
	EVALUATION PROCEDURES
Document Citations	The group of qualified professionals that collects or reviews evaluation data in connection with the determination of the child's eligibility based on a traumatic brain injury (TBI) must include a licensed physician.
	ELIGIBILITY CRITERIA
Document Citations	A child with a TBI is one who has been determined to meet the criteria for TBI.
Document Citations	TBI means an acquired injury to the brain:
Document Citations	Caused by an external physical force;
Document Citations	Resulting in total or partial functional disability or psychosocial impairment, or both; and
Document Citations	That adversely affects the child's educational performance.
Practice Citations	TBI applies to open or closed head injuries resulting in impairments in one or more areas:
Practice Citations	Cognition;
Practice Citations	Language;
Practice Citations	Memory;
Practice Citations	Attention;
Practice Citations	Reasoning;
Practice Citations	Abstract thinking;
Practice Citations	Judgment;
Practice Citations	Problem-solving;
Practice Citations	Sensory, perceptual, and motor abilities;
Practice Citations	Psychosocial behavior;
Practice Citations	Physical functions;
Practice Citations	Information processing; and
Practice Citations	Speech.
Practice Citations	TBI does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.

Last Updated : Wed, Apr 19, 2017

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TRAUMATIC BRAIN INJURY

Document

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice

Practice items are requirements, which must be reflected in practice.

300.304(c)(4)

34 Code of Federal Regulations § 300.304 Evaluation procedures.

. . .
(c) Other evaluation procedures. Each public agency must ensure that—
   . . .
    (4) The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities;
   . . .

Last Amended: 71 FR 46785, Aug. 14, 2006
Entered: June 8, 2009

89.1040(b)

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . .
(b)  Eligibility determination. The determination of whether a student is eligible for special education and related services is made by the student's admission, review, and dismissal committee. Any evaluation or re-evaluation of a student must be conducted in accordance with 34 CFR, §§300.301-300.306 and 300.122. The multidisciplinary team that collects or reviews evaluation data in connection with the determination of a student's eligibility must include, but is not limited to, the following:
(1)  a licensed specialist in school psychology (LSSP), an educational diagnostician, or other appropriately certified or licensed practitioner with experience and training in the area of the disability; or
(2)  a licensed or certified professional for a specific eligibility category defined in subsection (c) of this section.
. . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

89.1050(a)(5)

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

(a)  Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following:
. . .
(5)  34 CFR, §§300.302-300.306 (relating to evaluations, re-evaluations, and determination of eligibility);
. . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

89.1040(c)(11)

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . .
(c) Eligibility definitions.
. . .
(11) Traumatic brain injury. A student with a traumatic brain injury is one who has been determined to meet the criteria for traumatic brain injury as stated in 34 CFR, §300.8(c)(12). The multidisciplinary team that collects or reviews evaluation data in connection with the determination of a student's eligibility based on a traumatic brain injury must include a licensed physician, in addition to the licensed or certified practitioners specified in subsection (b)(1) of this section.
. . .

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

89.1040(c)(11)

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

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