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Change in Traumatic Brain Injury (TBI) Definition (Superintendent's Memo 328-21)

Description:

The 2021 General Assembly passed House Bill 2182 requiring the Board of Education to amend the regulatory definition of “traumatic brain injury (TBI)” in 8VAC20-81-10 to read as follows:

“Traumatic brain injury” means an acquired injury to the brain caused by an external physical force or by other medical conditions, including stroke, anoxia, infectious disease, aneurysm, brain tumors, and neurological insults resulting from medical or surgical treatments, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma (34 CFR 300.8(c)(12)).”

Tag(s):

Disability Characteristics Individualized Education Program (IEP) State Laws Traumatic Brain Injury