Tips for Special Education Advocacy

Guidelines for Choosing a Special Education Advocate

Many parents use a special education advocate to support them in getting what their children need in special education. Non-lawyer advocates do not have a license to practice law, and they are not attorneys. They provide their services according to the laws of their state. (NH does not have any laws governing educational advocates). Many advocates have training and experience to help you beyond giving you moral support. Advocates can be professionals with training in special education and advocacy; they can be paraprofessionals such as paralegals, or they can be nonprofessional volunteers. They may or may not charge a fee for their services. (The Council of Parent Attorneys and Advocates, Inc. (COPAA) uses the terms “special education advocate” and “advocate” to refer to individuals who advocate for parents and families but are not attorneys).

Select a trained, experienced advocate.

Unlike attorneys, no certificate authority exists to certify advocates at this time. However, special education advocates have training opportunities and years of experience and training. When interviewing an advocate you may want to work with, you must ask about their education and training. It would be best to ask whether the advocate stays current by getting updated training and education through workshops, conferences, continuing education programs, or seminars. Do not hesitate to ask for references from the advocate. You are the one making the hiring decision.

Select an advocate with special education experience

Experienced advocates can often get things done when others cannot. They should be familiar with the local service providers, evaluators, local school districts, special education administrators, the options they offer, and local customs. Ask about their knowledge of IDEA and other laws/regulations affecting the education of students with disabilities.

Advocates also may have specific skills and knowledge about evaluations, certain disabilities, IEPs, other educational negotiations, behavioral supports and discipline, document management, fact investigations, and other areas. They may also have alternative dispute resolution skills, such as mediation and facilitation skills. Ask your advocate about their experience and specific skills.

Select an advocate who understands your child.

You should expect an advocate to spend time visiting your child. Each child is a unique human being and has individual educational needs. Your advocate should be able to explain to you how your child’s disability will affect him or her at school. Advocates are not diagnosticians or education evaluators. But a working knowledge of your child’s disability or a willingness to become educated about your child’s disability is a quality any good advocate should have.

Advocates and attorneys

Non-lawyer advocates are not attorneys or members of the bar. Some advocates and paralegals are supervised by attorneys or work with public interest organizations, like Protection and Advocacy agencies. Others work independently in their own offices. You can ask an advocate if they work with an attorney. However, a lawyer doesn’t have to oversee or supervise an advocate or for an advocate to have a relationship with an attorney. Many experienced advocates work entirely on their own or with other advocates who are not licensed attorneys. Also, consider this: You should decide what you want in an advocate and what kind of assistance you need.

Select an advocate who understands their professional limits.

Professional advocates may give you legal information and help you negotiate and resolve disputes. But they are not lawyers and cannot give you the same type of legal advice as attorneys. An experienced, well-trained advocate should help you recognize when you should seek the services of a lawyer. You and your advocate should discuss your case and whether hiring an attorney based on the facts and individual situation would be appropriate.

Other questions to ask

You can ask what an advocate charges and how you will be billed. You can ask how the fees are determined and whether they will be hourly or flat rate. Find out who keeps the copies of your child’s records at the advocate’s place of business and how your child’s file will be maintained and returned to you when needed. Discuss communications and how you and your advocate will keep each other informed.

You, the parent, must make all the final decisions about your child’s case. After meeting with the
advocate ask yourself if you:

  • Will be comfortable working closely with this person
  • Are confident the advocate has the experience and skill to handle your case
  • Understand the advocate’s explanation of what your case involves
  • Understand the proposed fee agreement

Source:

The Council of Parent Attorneys and Advocates, COPAA
PO Box 6767, Towson, Maryland 21285
Telephone: (410) 372-0208.
Website: http://www.copaa.net

COPAA Guidelines incorporate information-based in part on an article published by the Illinois Attorney General’s office.