Authority:  34 C.F.R. Part 300;  Texas Education Code (TEC); 19 T.A.C. Chapter 89;

TRAUMATIC BRAIN INJURY
 

FEDERAL AND STATE REQUIREMENTS

CITATIONS

The evaluation is completed by a multidisciplinary team as part of a FULL AND INDIVIDUAL EVALUATION. Document the members of the multidisciplinary team. 

89.1040(b)

The multidisciplinary team that collects or reviews evaluation data must include a licensed physician as well as:

89.1040(c)(11)

  • A licensed specialist in school psychology (LSSP).
89.1040(b)(1)

  • OR, an educational diagnostician.
89.1040(b)(1)

  • OR, other appropriately certified or licensed practitioner with experience and training in the area of the disability.
89.1040(b)(1)

Document whether the student meets the criteria for traumatic brain injury:

89.1040(c)(11)
  • An injury to the brain caused by an external physical force.

300.7(c)(12)
  • Injury results in total or partial functional disability or psychosocial impairment, or both.

300.7(c)(12)
  • Injury adversely affects educational performance creating a need for special education (i.e., specially designed instruction) and related services.

300.7(c)(12)
300.7(a)
300.26(a)(1)(i)
 

The term applies to open or closed head injuries resulting in impairments in one or more areas:

300.7(c)(12)
  • Cognition.

300.7(c)(12)
  • Language.

300.7(c)(12)
  • Memory.

300.7(c)(12)
  • Attention.

300.7(c)(12)
  • Reasoning.

300.7(c)(12)
  • Abstract thinking.

300.7(c)(12)
  • Judgment.

300.7(c)(12)
  • Problem-solving.

300.7(c)(12)
  • Sensory, perceptual, and motor abilities.

300.7(c)(12)
  • Psychosocial behavior.

300.7(c)(12)
  • Physical functions.

300.7(c)(12)
  • Information processing.

300.7(c)(12)
  • Speech.

300.7(c)(12)

Determine that the condition is not the result of brain injuries that are congenital or degenerative, or of brain injuries induced by birth trauma.

300.7(c)(12)

The determination of whether a student is eligible for special education and related services is made by the student's ARD committee, including the parents.  The district shall ensure that the ARD committee for each student with a disability includes the required members.  All special education and related service personnel shall be certified, endorsed, or licensed in the area or areas of assignments.


89.1131(a)
89.1040(b)
A student with a disability who is 18 years of age or older or whose disabilities of minority have been removed for general purposes under Chapter 31, Family Code, shall have the same right to make educational decisions as a student without a disability, except that the school district shall provide any notice required by IDEA, Part B to both the student and the parents.  All other rights accorded to parents under IDEA, Part B transfer to the student.  All rights accorded to parents under IDEA, Part B transfer to students who are incarcerated in an adult or juvenile, state or local correctional institution.  See Notice of Transfer of Parental Rights. TEC 29.017