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Journal of Learning Disabilities
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Legal Challenges in Educating Traumatic Brain Injured Students

Reed Martin

Reed Martin is an attorney specializing in rights of citizens with disabilities. Martin has represented several thousand individuah over the past 15 years in administrative trials and court cases, including the U.S. Supreme Court. He has also served as a consultant to schools and other agencies in 35 states. Martin has served on the board of 22 different organizations for rights of citizens with disabilities at the /ma!, state, and national level. He is the author of four books on rights of disabled persons, including Educating Handicapped Children: The Legal Mandate, and numerous journal articles. Martin has worked extensively with brain injured and learning disabled students for 12 years. He is a recipient of the Pioneer A ward from the National Association for Children and Adults with Learning Disabilities, for which he serves on the Professional Advisory Board, and the Texas Key A ward from the Texas Associalion for Children with Learning Disabilities. Address: Reed Martin, 7800 Shoal Creek. Suite 171E, Austin, TX 78757.

Students with a disability that adversely affects educational performance have a right to certain special education services through their public schools. The vast majority of traumatic brain injured (TBI) students would presumably have not been in special education prior to the trauma causing their injury. Their entitlement to special services, their parents' role in securing those services, and the school district's perception of them as disabled will all be new and very sudden. In this writer's experience, the parents of a TBI student are much less likely to be able to advocate effectively for their youngster's special educational needs than the parents of a child born with disabilities who have learned over time how to work with the educational system. In fact, both parents and regular school personnel may be resistant to special educational services.

Journal of Learning Disabilities, Vol. 21, No. 8, 471-475 (1988)
DOI: 10.1177/002221948802100804


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