Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-35

Sec. 13. (a) A traumatic brain injury is 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 student's educational performance. The term applies to open or closed head injuries resulting in impairments in one (1) or more areas, such as the following:

1. (1) Cognition.
2. (2) Language.
3. (3) Memory.
4. (4) Attention.
5. (5) Reasoning.
6. (6) Abstract thinking.
7. (7) Judgment.
8. (8) Problem solving.
9. (9) Sensory, perceptual, and motor abilities.
10. (10) Psychosocial behavior.
11. (11) Physical functions.
12. (12) Information processing.
13. (13) Speech.

(b) The term does not apply to brain injuries that are:

1. (1) congenital or degenerative; or
2. (2) induced by birth trauma.

(c) Eligibility for special education as a student with a traumatic brain injury shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following:

1. (1) An assessment of the following:

   1. (A) Cognitive ability and functioning that must include at least one (1) of the following:

      1. (i) An individually administered norm-referenced assessment.

      2. (ii) If adequate information cannot be obtained via an individually administered norm-referenced assessment, a criterion-referenced assessment that:

         1. (AA) has been designed or may be adapted or modified for use with students who have a traumatic brain injury; and
         2. (BB) is administered by a professional or team of professionals with knowledge of assessment strategies appropriate for the student.
   2. (B) Current academic achievement as defined at 511 IAC 7-32-2.
   3. (C) Assessments of functional skills or adaptive behavior across various environments from multiple sources.

2. (2) A social and developmental history that may include, but is not limited to, the following:

   1. (A) Communication skills.
   2. (B) Social interaction skills.
   3. (C) Motor skills.
   4. (D) Responses to sensory experiences.
   5. (E) Relevant family and environmental information.
3. (3) Available medical information that is educationally relevant.

4. (4) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

   1. (A) determine eligibility for special education and related services; and
   2. (B) inform the student's CCC of the student's special education and related services needs.

(Indiana State Board of Education; 511 IAC 7-41-13; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA)