If your child had a traumatic brain injury, even a serious concussion, and it's changed how they think, remember, or get through a school day, you're probably asking one question above all others. Can the school actually help, and does this count under special education law?
Yes. A traumatic brain injury is its own category under federal special education law. That means your child can qualify for an Individualized Education Program, or IEP. An IEP is the written plan a public school must create and follow to give a child with a disability the support they need to learn.
Here's what that looks like in practice, and the exact steps you can take.
What "traumatic brain injury" means under the law
Federal law treats traumatic brain injury (TBI) as one of the disability categories that can qualify a child for an IEP. You'll find it in the special education regulations at 34 CFR 300.8(c)(12). (Verify before ship.)
Under that definition, a TBI is a brain injury caused by an outside physical force. A car crash, a fall, a sports collision, or a serious concussion can all fit. The law covers both open and closed head injuries when they affect things like memory, attention, reasoning, language, or behavior at school.
The definition also draws a clear line about what does not count. A TBI under this law does not include brain injuries that are congenital, meaning present from birth. It doesn't include degenerative conditions, which get worse over time. And it doesn't include injuries caused by birth trauma. Those situations may qualify a child under a different category, but they don't fit the TBI definition itself.
So if your child's injury came from an outside force after birth, the door to this category is open.
How to ask for an evaluation, and what happens next
You can ask the school for a free evaluation, in writing, at any time. You don't have to wait for a teacher to bring it up first. Under federal law, a parent can request an initial evaluation to find out whether their child has a disability and needs special education (34 CFR 300.301).
Put your request in writing and keep a copy with the date. A short email or letter is enough. Say your child had a head injury and you're asking for a full special education evaluation. That written request also starts a paper trail, and the school has to respond to it in writing (34 CFR 300.503).
Once you give consent for the evaluation, the school has a deadline. Under federal law, the initial evaluation is generally completed within 60 days of receiving your consent, unless your state has set its own timeline (34 CFR 300.301(c)). Some states use a different number of days, so the exact clock can vary where you live.
One thing worth knowing before that meeting: the category the school files a child under matters less than the specific supports written into the plan. A child can qualify under TBI and still need many of the same accommodations another child gets under a different category. Put your energy into what goes into the IEP, not just the label on it.
If your child qualifies, the school builds the IEP with you at the table. You're not a guest in that meeting. You're a required member of the team, and you know your child in ways the test scores never will.
If your child needs technology to learn, the school pays for it
A head injury can change how a child reads, writes, types, or keeps track of assignments. Sometimes a tool bridges that gap. That tool is called assistive technology, meaning any equipment or device that helps a child with a disability do something they'd otherwise struggle with. Speech-to-text software, a recording device, a specialized keyboard, or a tablet with the right apps can all count.
Here's the part many parents don't know. If the IEP team decides your child needs assistive technology to learn, the school must provide it at no cost to your family (34 CFR 300.105). You don't buy it. You don't rent it. The public school is responsible for making it available as part of your child's plan.
That includes using a school device at home when the team decides your child needs it there to benefit from their education.
Your next step
You've already done the hardest part, which is paying attention and asking the question. The next step is small and concrete: write the school a short request for a full special education evaluation, date it, and keep a copy.
If the process feels like a lot to carry while you're also caring for your child, you don't have to walk into that IEP meeting alone. Turnout works as an education advocate. We prepare with you beforehand, help you understand what the law requires, and sit beside you in the meeting to push for the support your child is entitled to. We can't promise a specific outcome. We can promise you'll walk in ready and won't face the room by yourself.
For background written for parents, the Center for Parent Information and Resources keeps a plain-language page on traumatic brain injury and school. (Verify before ship.) For more from us, see what an IEP is and what it covers and what an education advocate does at an IEP meeting.
When you're ready, start with Turnout and we'll walk through the request together.
Frequently asked questions
Does a concussion count as a traumatic brain injury for an IEP?
It can. A serious concussion is a closed head injury caused by an outside force, which fits the federal definition of traumatic brain injury at 34 CFR 300.8(c)(12). What matters for an IEP is whether the injury affects your child's learning enough that they need special education. The evaluation is how the school answers that question. Start by requesting one in writing.
How long does the school have to evaluate my child?
Generally 60 days from the day you give written consent, under federal law, unless your state has set its own timeline (34 CFR 300.301(c)). Some states use a different count of days. Ask your school which timeline applies where you live, and keep your dated copy of the consent form so you can track it.
Can I request an evaluation myself, or does it have to come from a teacher?
You can request it yourself, at any time. Federal law lets a parent ask for an initial evaluation directly (34 CFR 300.301). You don't need a teacher or doctor to start the process, though a doctor's records about the injury are helpful to include. Put your request in writing, date it, and keep a copy.
Who pays for assistive technology like speech-to-text software?
The school does, when the IEP team decides your child needs it to learn. Under federal law, the public school must make assistive technology available at no cost to your family if it's part of your child's plan (34 CFR 300.105). This can include using a school-owned device at home when the team decides it's needed there.
What if my child's injury was present from birth?
Then it likely falls under a different special education category, not TBI. The federal TBI definition specifically excludes injuries that are congenital, degenerative, or caused by birth trauma (34 CFR 300.8(c)(12)). That doesn't mean your child can't get an IEP. It means the school would look at eligibility under a category that fits. A written evaluation request is still the right first step.
