Federal law grants parents a key role in helping to ensure their child with disabilities gets an appropriate education. Parents can have a steep learning curve as they learn how to navigate the special education system. Without training and support, most parents do not know their rights or may be unaware of critical timelines. Sometimes, they feel intimidated or overwhelmed, or may be afraid to speak up. Advocating alone can be stressful and time-consuming. Parents might not know how to respond when they disagree with the school district and could lose valuable time. Often, they look for help.
When a parent decides to get help, they typically reach out to a non-profit organization like SPAN Advocacy Network or The Arc. These groups offer most advocacy services free of charge and typically have trained staff who understand the law and the school system. They can guide parents through the process, help write letters, and provide tips on advocacy strategies.
Unfortunately, many of these organizations are underfunded and have limitations, so it might take time to get help. In addition, the support is often limited to advice, training, and information, not direct action, so they may be unable to attend an IEP meeting or represent the family in legal hearings.
Non-Attorney Advocates
One option for more intensive advocacy support is a non-attorney advocate. Advocates may be former educators or parents themselves and typically have experience handling special education disputes. Most non-attorney advocates can go to meetings with the parent and help ensure the child’s needs are clearly explained. One benefit is that they tend to be less expensive than hiring a lawyer.
There are drawbacks, however. Quality, experience, and training can vary—some may be excellent, but others may not have strong skills. While there are recognized training programs for non-attorney advocates, such as those offered by The Council of Parent Attorneys and Advocates, COPPA, there is no formal credential, license, or accreditation required for a person to call themselves an advocate.
Parents should know that sometimes, school districts may not take them as seriously as attorneys. Because they are not lawyers, they cannot give legal advice. While they can represent a parent in administrative law proceedings, they cannot represent the parents in cases that require extended court action, such as matters that go to appeal.
Hiring a Lawyer
Lawyers have specialized training and credentials that allow them to practice law in a particular state. Still, not all lawyers have experience in special education. Those experienced in special education understand the law and can represent families in due process hearings. School districts– typically using an attorney – might pay more attention to a parent advocacy claim when a lawyer is involved.
There are considerations when hiring a lawyer. First, this is usually a more expensive option; not all families can afford it. (It should be noted that there are situations in which parents who prevail in due process can get attorney fees paid by the school district. This is not always the case.) While some lawyers and agencies provide pro bono (free) services, there may be waiting lists, or the case may be declined because it is not aligned with the agency’s priorities. In addition, lawyers doing pro bono work may be trained in real estate or family law. Still, they might not have direct experience in special education law and its complex rules and regulations.
Before hiring a lawyer, parents might consider whether the disagreement can be solved more simply. It is not uncommon for the relationship with the school to get worse after legal action. Parents should know that there are no guarantees. Even experienced lawyers with a great reputation find themselves with plaintiffs who do not prevail in court.
Every parent wants the best for their child, especially when that child has special needs. If you disagree with your school district, you are not alone and have options. Whether you advocate on your own or get help from a group, an advocate, or a lawyer, the most important thing is to stay focused on what’s right for your child.
Start with the most supportive, team-based approach. But if that doesn’t work, don’t hesitate to ask for help. Your voice matters — and the proper support can make a big difference in your child’s education and future.
Resources
Click here to learn more about COPPA
Click here to access more information about special education advocacy.
Click here to access DRNJ’s mission and vision statements.
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