2021 Uncodified Acts

2021 Virginia Uncodified Acts


An Act to require the Board of Education to amend the regulatory definition of traumatic brain injury.

[H 2182]

Approved March 18, 2021


Be it enacted by the General Assembly of Virginia:

1. § 1. The Board of Education shall amend the definition of "traumatic brain injury" in 8VAC20-81-10 to read as follows:

"Traumatic brain injury" means an acquired injury to the brain caused by an external physical force or by other medical conditions, including stroke, anoxia, infectious disease, aneurysm, brain tumors, and neurological insults resulting from medical or surgical treatments, 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 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. (34 CFR 300.8(c)(12)).