Education Advocacy

The School Says "Wait and See" After My Child's Head Injury. What Are My Rights?

30 Jul 2026 * 6 min read

Turnout Content Team
The School Says "Wait and See" After My Child's Head Injury. What Are My Rights?

You watch your kid closer than any teacher can. So when the school says "let's wait and see" after a concussion or a head injury, and you can already see the difference at home, that gap is hard to sit with.

Here's the most useful thing to know: you don't have to wait. Under federal special education law, you can ask the school to evaluate your child in writing at any time. The school can't make you finish a waiting period first.

Let's walk through what you're allowed to ask for and how to put it in writing today.

You can ask for a free evaluation right now

The law that covers this is the Individuals with Disabilities Education Act, or IDEA. It's the federal law that guarantees kids with disabilities the right to a free, appropriate public education.

Under IDEA, a parent can request a full evaluation to find out if a child has a disability and needs extra support. You can make that request at any time. You don't need the school's permission to ask, and you don't have to wait for a teacher to bring it up first. The U.S. Department of Education's guidance is clear that a parent can request this evaluation whenever they choose.

An evaluation is the testing the school does to understand how your child learns and where they're struggling. It looks at things like memory, attention, reading, and behavior. It costs you nothing.

A head injury fits squarely inside this law. IDEA lists traumatic brain injury as one of the disabilities it covers. The federal definition describes it as an injury to the brain from an outside physical force that affects a child's schoolwork. It names the exact areas an injury can touch: memory, attention, reasoning, judgment, problem-solving, and how fast a child processes information. Those are the same changes a lot of parents notice first at home.

Here's what that means for you. If your child had a concussion and something feels off, you have the standing to ask for testing. You don't have to prove your case before you ask. That's what the evaluation is for.

"Wait and see" is not something the school can require

A lot of schools respond to a struggling student with a support program first. You might hear it called Response to Intervention (RTI) or Multi-Tiered System of Supports (MTSS). These are step-by-step help programs, where the school tries smaller classroom changes and watches how the child responds before doing anything bigger.

These programs can help some kids. But here's the part schools don't always mention: the school can't use one of these programs to delay or deny your evaluation.

The U.S. Department of Education put this in writing in a 2011 memo to every state. It says a support program like RTI "cannot be used to delay or deny" a full evaluation for a child who might have a disability, and that a parent can request that evaluation at any time. You can read the Department of Education's memo yourself.

So if the school's answer is "let's give the classroom supports a few more months and see," you can respond: "I'd like to request a full evaluation in writing now." Both things can happen at once. The support program can keep running while the evaluation goes forward.

A child doing okay on paper can still qualify

This is the part that trips up a lot of families. Your child's grades look fine. They're passing. So the school says there's nothing to look at.

Grades are only one piece. Eligibility under IDEA looks at whether a disability affects your child's educational performance and whether they need specialized instruction to learn. It's not a grades-only test.

A kid can hold their grades steady and still be working twice as hard to get there. Maybe homework that used to take 30 minutes now takes two hours. Maybe they're wiped out by noon, or they've stopped raising their hand, or they can't hold onto instructions the way they used to. Those changes matter, even when the report card doesn't show them yet.

So don't let "but the grades are fine" end the conversation. The evaluation exists to look past the grades at how your child is actually doing.

If your child needs tools to learn, the school pays for them

Say the evaluation shows your child now needs help to keep up: a laptop for notes because writing by hand tires them out, text-to-speech software, an audio recorder, extra time on tests. Under IDEA, these are called assistive technology, meaning any device or service that helps a child with a disability learn.

If your child's team decides they need this technology to learn, the school must provide it at no cost to you. You don't buy the laptop. You don't rent the software. If it's written into your child's plan, the school covers it.

How to put your request in writing today

Verbal requests get forgotten. A written request starts the clock and creates a record. Keep it short and clear.

  1. Write a short letter or email to the school principal and the special education director. A few sentences is plenty.
  2. Ask directly for a "full and individual initial evaluation" for special education under IDEA. Use those words.
  3. Name the reason: your child had a head injury or concussion, and you've seen changes in how they learn, focus, or remember since then.
  4. Date the letter and keep a copy. If you email it, save the sent message.
  5. Ask for a written response. Under IDEA, the school has to respond in writing, either agreeing to evaluate or explaining in writing why it won't.

The Center for Parent Information and Resources has a free model letter you can copy and fill in. If you'd rather see a plain overview of TBI and school, their traumatic brain injury page walks through what to expect.

If the school says no, that's not the end. Their written refusal has to explain their reasoning, and you have the right to disagree and push back. A "no" in writing gives you something concrete to respond to.

Frequently asked questions

Can the school make me try classroom interventions before they evaluate my child?

No. The school can offer a support program like RTI or MTSS, and it can run one while an evaluation happens. But it can't require you to finish that program before it evaluates your child. The U.S. Department of Education has stated a support program can't be used to delay or deny an evaluation, and you can request one at any time. If you're hearing "wait," put your evaluation request in writing.

My child's grades are fine. Is it even worth asking?

Yes. Grades are one factor, not the whole picture. IDEA eligibility looks at whether a disability affects educational performance and whether your child needs specialized instruction, not grades alone. A child can keep their grades up while struggling in ways a report card doesn't capture, like slower processing or exhaustion. If you've noticed changes since the injury, the evaluation is how you find out what's going on.

How do I actually request an evaluation?

Put it in writing. Send a short letter or email to the principal and special education director asking for a "full and individual initial evaluation" under IDEA. Say your child had a head injury and you've noticed changes. Date it, keep a copy, and ask for a written reply. You can start from the free model letter on the Center for Parent Information and Resources website.

Does the evaluation cost anything?

No. Under IDEA, the evaluation is free to families. If your child is found eligible and needs assistive technology, like a laptop or reading software, to learn, the school provides that at no cost too.

You don't have to figure this out alone

You already did the hardest part: you noticed something and you didn't dismiss it. The next step is a written request, and you can send it this week.

If the process feels like a lot to manage while you're also caring for your kid, that's exactly the kind of thing an education advocate handles. Turnout's education advocacy team knows how these evaluations work and can walk beside you through the paperwork, the meetings, and the follow-up. Want to talk it through with a person first? Reach out to Turnout and start the conversation. You didn't do anything wrong, and your next step is still ahead of you.

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