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 child’s educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one (1) 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.

Eligibility *

The current eligibility criteria for Traumatic Brain Injury under state law is found in Title 14 Education Delaware Administrative Code Section 925. If a student is found to have a disability, the Individualized Education Program (IEP) team must also determine the need for special education and related services (6.0 Determination of Eligibility).

According to the Delaware Administrative Code, a qualified physician shall document that a child has a traumatic brain injury in order to be considered for special education and related services under the above definition. The IEP team shall consider the child’s need for special education and related services if the traumatic brain injury substantially limits one or more major activities of daily living.

Age of Eligibility: The age of eligibility for children under this definition shall be from the third birthday until the receipt of a regular high school diploma or the end of the school year in which the student attains the age of twenty-one (21), whichever occurs first.

* Retrieved from Title 14 Education Delaware Administrative Code.

Helpful Resources

Office of Early Learning

Delaware Department of Education
Dover, DE 19901
(302) 735-4295
early.learning@doe.k12.de.us