Frequently Asked Questions
What Does an Advocate Do?
A skilled Special Education Advocate will use a respectful and collaborative approach, combined with comprehensive knowledge of the laws surrounding special education, to achieve the best outcome possible.
Advocates primarily accompany and advise clients at all meetings held at county and state level that pertain to the provision of special education services.
One of the most important things an advocate does is explain things in a way parents will understand.
They will provide guidance based on what is in the best interest of the child; while schools, unfortunately, often provide guidance in the best interest of their budget.
Advocates may also: request records, review records, request meetings, request assessments, write letters, make and receive phone calls, conduct school observations, conduct student interviews, negotiate with school districts, file state complaints, file civil rights complaints, correspond with school officials, and seek compensatory services.
Will the school be upset that I have hired an Advocate? What if they retaliate against me or my child?
Federal law prohibits schools from retaliating against you, your child, or school staff for acting in the best interests of your child.
It is much more common for retaliation against parents and students to occur BEFORE obtaining the assistance of an advocate or attorney. Schools tend to follow the rules a bit more when they know you have a representative on your side that will hold them accountable for such acts.
Many parents worry about creating tension or offending teachers and administrators, especially when they have other children in the same school system. The presence of advocates and attorneys in matters pertaining to special education is not uncommon. As a matter of fact, many teachers hire attorneys and advocates to assist them in matters pertaining to their own children.
Sure there are teachers or administrators out there who will take offense to your decision to hire an advocate. And, most often, their negative response is because they know they won't get away with something anymore.
Who is qualified to be a special education advocate?
The hard truth is - anyone can advertise themselves as an advocate. (Pretty scary, right?)
Currently, there are no federal guidelines as to the qualifications of a special education advocate, education advocate, educational consultant, non-attorney advocate etc.
Parents should proceed with caution when choosing an advocate. Ask about references, experience, take notice of the words they use when speaking to you. Are they well versed in the legal language surrounding IDEA and Section 504? Are they familiar with the state laws and procedures? How many meetings have they attended?
Why is this important?
Because obtaining the services of someone who is not qualified can make things much worse. A lack of experience often results in poor judgement and results in a very expensive mistake. Even when people have good intentions, an accidental failure can cause great harm.
A qualified advocate will be well versed in the laws surrounding special education. They will act in the same way an attorney would, representing and speaking on behalf of the parent, negotiating with schools, and filing complaints.
However, it's important to remember that non-attorney advocates are not licensed attorneys and cannot give legal advice. A good advocate will always refer you to, and work with licensed counsel should it become necessary.
What are the advantages to hiring an Advocate?
There are several advantages to hiring an advocate. More than anything else, you will no longer be alone - you will have someone in your corner who makes sure you are heard. When an advocate becomes involved it reduces the amount of stress and frustration you are likely experiencing.
Advocates will help you understand the IEP, help to develop goals and identify appropriate supplementary aids and services, and accommodations.
They specialize in the laws surrounding special education. They know the laws and they understand your rights as a parent - this is beneficial when negotiating with the school.
Because of the advocates expertise, they can advise you when the school is not cooperating as required by law and, determine whether it's necessary to take legal action and consult with a licensed attorney.
Advocates are not lawyers so they are much less expensive.