The Invisible Battle: Navigating College with a Brain Injury – Legal Rights and Support

For many students, college is a time of exciting new beginnings and academic exploration. However, for the nearly 52% of college students with a history of concussions or traumatic brain injuries (TBIs), according to a 2025 study, the path to higher education can feel like an invisible battle. These injuries, often resulting from falls (38%), sports (35%), or car accidents (7%), can significantly impact cognitive functions, memory, and concentration, making academic success a daunting challenge. This blog post aims to shed light on the legal rights and support systems available to students navigating college with a brain injury, ensuring they have the resources to thrive.

Understanding the Invisible Challenges

A traumatic brain injury (TBI) is defined as a blow or jolt to the head that disrupts normal brain function. TBIs can range from mild concussions to severe injuries with long-lasting effects. The impact of a TBI on a college student can be multifaceted, affecting:

Cognitive Functions: Memory, attention, processing speed, and executive functions (planning, organization, and problem-solving) can all be impaired.
Emotional Regulation: Mood swings, irritability, anxiety, and depression are common after a TBI.
Physical Health: Headaches, fatigue, sleep disturbances, and sensory sensitivities can interfere with daily life and academic performance.
Social Interactions: Communication difficulties and changes in behavior can impact relationships with peers and professors.

These challenges can make it difficult for students with TBIs to keep up with coursework, manage their time effectively, and participate fully in campus life.

Legal Rights and Protections for Students with Brain Injuries

Fortunately, several federal laws protect the rights of college students with disabilities, including those with TBIs. Understanding these laws is crucial for advocating for your needs and ensuring equal access to education.

The Americans with Disabilities Act (ADA): Title II of the ADA prohibits discrimination based on disability by state-funded schools, such as state universities and community colleges. Title III of the ADA covers private colleges, universities, and other schools as places of public accommodation. The ADA ensures that students with disabilities have equal opportunities to participate in and benefit from college programs and activities.
Section 504 of the Rehabilitation Act of 1973: This law prohibits discrimination based on disability in any program or activity receiving federal funding. Since most colleges and universities receive federal funding through student financial aid, they must comply with Section 504. This law requires schools to provide reasonable accommodations to students with disabilities.
Individuals with Disabilities Education Act (IDEA): While IDEA primarily applies to K-12 education, its principles of individualized education and appropriate accommodations can inform the support provided to college students with TBIs.

These laws ensure that colleges and universities must provide reasonable accommodations to students with TBIs, unless doing so would fundamentally alter the program or create an undue burden.

Navigating the Accommodation Process

To access accommodations and support services, students with TBIs must take proactive steps:

Self-Identify and Register with the Disability Services Office (DSO): The first step is to contact the DSO, also known as Disability Resource Office or Office of Accessibility, on your campus. Inform them of your TBI and request information about the registration process.
Provide Documentation: The DSO will require documentation of your TBI from a qualified healthcare professional, such as a neurologist, neuropsychologist, or physician. This documentation should include a diagnosis, date of injury, and a description of your functional limitations.
Request an IEP Evaluation: Parents have the right to request an IEP evaluation. Talk to your child’s teacher and ask them what they notice about the way your child learns. Chances are they are as concerned as you are, and will be willing to help you request an IEP evaluation from your local school system. You can also request an IEP evaluation by writing a letter to the school. Psychologists, counselors and medical professionals may also request an IEP evaluation on behalf of a struggling TBI child.
Collaborate to Determine Reasonable Accommodations: Work with the DSO to identify appropriate accommodations based on your individual needs. Common accommodations for students with TBIs include:
- Academic Adjustments: Extended time on tests and assignments, reduced course load, note-taking assistance, preferential seating, and alternative testing environments.
- Assistive Technology: Access to computers with speech-to-text software, screen readers, and other assistive devices.
- Flexibility and Support: Flexible attendance policies, access to tutoring and academic coaching, and support counseling services.
- Comm unicate with Professors: Once accommodations are approved, it’s essential to communicate with your professors to discuss how these accommodations will be implemented in their courses.
- Adv ocate for Your Needs: Remember that you are your best advocate. If you encounter any difficulties or feel that your needs are not being met, communicate with the DSO and your professors to find solutions.

Building a Support System

In addition to legal rights and accommodations, building a strong support system is crucial for navigating college with a brain injury.

Connect with Other Students with TBIs: Peer support groups can provide a sense of community and shared understanding.
Seek Counseling and Mental Health Services: Addressing emotional and psychological challenges is essential for overall well-being.
Utilize Campus Resources: Take advantage of tutoring services, writing centers, and other academic support programs.
Maintain Open Communication with Family and Friends: Let your loved ones know how they can best support you.
Vocational Rehabilitation Services: Vocational rehabilitation services offer support to individuals with disabilities, including those with TBI, to help them prepare for, find, and maintain employment.

Legal Options After a Brain Injury

If your TBI was caused by someone else’s negligence, such as in a car accident or slip and fall, you may have legal options to pursue compensation for your injuries. A personal injury lawsuit can help you recover damages for medical expenses, lost wages, pain and suffering, and other losses.

Workers’ Compensation: If your TBI occurred during the course of your employment, you may be eligible to file a workers’ compensation claim.
Social Security Disability Benefits: If your TBI prevents you from working, you may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.

It’s essential to consult with an experienced attorney to explore your legal options and protect your rights.

Conclusion

Navigating college with a brain injury can be challenging, but it is not impossible. By understanding your legal rights, accessing available support services, and building a strong support system, you can overcome obstacles and achieve your academic goals. Remember, you are not alone in this journey. With determination and the right resources, you can thrive in college and beyond.