How TBI in Children Impacts Special Education Eligibility in WA Public Schools

Every year, almost half a million children under the age of 15 sustain traumatic brain injuries in the United States. These injuries can range in severity, with some children recovering quickly at home and others requiring hospitalization or more intensive medical intervention. A traumatic brain injury, or TBI, can have life-altering consequences for a child physically, emotionally, academically and developmentally. That’s why young TBI survivors are often granted access to special education and disability services in the State of Washington.

Unfortunately, some families – and even schools – are unaware of the services available to children recovering from traumatic brain injuries, which may prevent TBI survivors from accessing the support they need. Let’s take a closer look at how a TBI can impact a child’s academic progress and explore the ins and outs of securing special education services for children recovering from traumatic brain injuries.

What is a traumatic brain injury (TBI)?

A traumatic brain injury (TBI) is a potentially dangerous kind of head injury that is most often caused by some type of external force to the head or skull. A TBI can occur as the result of a direct impact to the head – such as a fall, gunshot or other blow to the head – or as the result of indirect force like whiplash.

Fundamentally, traumatic brain injuries affect the way a person’s brain functions. While some of these changes are temporary and can resolve largely on their own, other changes may be long-lasting and lead to long-term cognitive, emotional and physical side effects.

Do TBIs impact academic performance?

Because traumatic brain injuries can alter the way a child’s brain works, it is not uncommon for TBI survivors to experience challenges in academic environments in the wake of an injury. In children, some common post-TBI issues that can affect school performance include:

• Memory loss or difficulty concentrating
• Reduced attention span or executive functioning differences
• Changes in mood, such as irritability or depression
• Trouble with fine or gross motor coordination, or changes in speech
• Increased fatigue
• Reduced academic stamina

Even a child who had previously performed well in school may suddenly struggle with tasks that once came easily as the result of their injuries. For this reason, parents and educators must assess whether the effects of a TBI might qualify a student for special education services.

Are TBI survivors eligible for special education services in Washington State?

TBI is one of the 13 disability categories that qualifies students for special education services under the Individuals with Disabilities Education Act (IDEA). Subsequently, Washington State public schools must recognize the needs of TBI survivors under both state and federal accessibility law.

According to the Washington Administrative Code (WAC), a qualifying TBI is defined as:

“…an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance.”

It’s important to note that in order to be considered a TBI under the law, a child’s injury must not be congenital, degenerative or birth-related. Instead, it must stem from a clearly identifiable event, like a fall, motor vehicle accident or sports injury. Additionally, the child’s TBI-related impairments must be deemed educationally significant in order to qualify them for services from the state and/or school district. This means a child’s TBI symptoms must directly interfere with their ability to learn, participate, attend or otherwise perform well in school.

Under the tenets of IDEA and other accessibility legislation, schools do not base special education eligibility solely on a diagnosis. Instead, they will consider how the TBI is practically affecting the student’s academic performance in order to determine whether support services are warranted.

How eligibility is evaluated

If a student is suspected of needing support due to a TBI, Washington school districts must conduct a comprehensive special education evaluation. This process typically includes:

• A review of medical history and documentation of injuries
• Academic testing to identify skill gaps
• Cognitive and psychological assessments to determine how the injury might be affecting the student’s memory, attention, reasoning and emotional regulation
• Speech, occupational, or physical therapy evaluations, if relevant
• Real-time observation and/or teacher input to gauge performance in the classroom

In cases involving TBI, neuropsychological evaluations may play a crucial role. These assessments, typically conducted by a licensed neuropsychologist, provide an in-depth profile of a student’s brain function and the ways in which their neurological functioning is impacting their academic performance. If a family disagrees with the results of a school district’s evaluation, they may be able to request an Independent Educational Evaluation (IEE) at public expense under Washington law.

What happens if a student is deemed eligible for services?

Once a child is found eligible under the TBI category of the IDEA, an Individualized Education Program (IEP) must be developed to address the student’s unique needs moving forward. An  IEP is basically a clear-cut outline of how parents, teachers and other professionals will work together to ensure a student with a TBI receives access to the tools and resources they need to engage equitably in class and beyond.

An IEP may include plans for accommodations like:

• Specialized instruction in reading, writing, math or other core subjects
• Additional time for testing, reduced homework requirements or access to assistive technology solutions
• Support services like counseling, speech-language therapy or occupational therapy
• Behavior intervention plans to address emotional or behavioral changes
• Ongoing progress monitoring and communication between support team members

It’s also important to remember that the effects of TBI can evolve over time. Fatigue, frustration or social withdrawal may appear weeks or months after an initial injury. That’s why Washington IEP teams are required to review students’ IEPs at least once a year to track any changes in their functioning or behavior.

What if a child does not qualify for special education under IDEA?

If a child’s TBI is minor and its effects are not severe enough to trigger special education services under IDEA, the student may still be eligible for other accommodations based on Section 504 of the Rehabilitation Act. A 504 plan is intended to provide students with accessibility accommodations without altering their educational curriculum.

504 plans often center around classroom and environmental accommodations rather than changes to the kinds of material the student is expected to learn. These plans can be particularly useful for students whose TBIs result in physical side effects like ambulatory disabilities or vision/hearing loss.

A 504 plan might include accommodations like:

• Rest breaks during the day
• Preferential seating
• Modified assignments
• Assistive technology tools like captioning, transcription, screen reader access or audio description

Whether a child receives an IEP or a 504 Plan, the key is ensuring the supports match the student’s actual needs. That’s why many families choose to partner with an experienced special education lawyer when fighting for and implementing accommodations for their injured children.

Working with a special education lawyer in Washington State

Watching your child suffer with a serious injury is hard enough without having to worry about the way it may impact their academic performance. Thankfully, parents in Washington State don’t have to advocate for their children alone. At Smith McBroom Injury and Accident Lawyers, our qualified special education lawyers know exactly what it takes to navigate the complex special education system in Washington State.

Our experienced professionals can help you better understand the rights afforded to your child under IDEA and other accessibility legislation so you can make an informed decision about the best path forward for your family. Whether you need help requesting an initial evaluation, pursuing an IEE or holding your child’s school accountable for implementing their IEP, the Smith McBroom team can advise, educate and advocate for you so you can focus on helping your child stay happy and healthy.

Contact us today for a free case evaluation with a member of our team. We’d love to learn more about your child and share a little bit about how our special education lawyers can help you fight for the support and services your family deserves.