Bay Area Advocacy Special Education

Do I need to tell the district I am bringing an advocate to my child’s IEP meeting?

Technically, the answer is “No.” The parent may bring others to support them during the IEP meeting, and is not required to give advance notice. The exception is when the parent invites an attorney. Whether the attorney practices special education law or tax law, parents are required to let the district know they have invited an attorney to attend the IEP meeting.

That leaves the question of whether the parent ‘should’ tell the district that they are bringing an advocate. Hint – our bias is in favor of telling the district in almost all cases. Still, we lay out the options and then leave the decision to our clients.

Possible choices –

Notify the district well in advance

Tell the district within roughly 24 hours of the IEP

Do not tell district in advance

Here are some factors parents may want to consider before making this decision.

Most of us do not like surprises. Showing up with an unannounced advocate will surprise the district. Most districts roll with it, not letting it phase them. Others are immediately on the defensive. This can lead to some discord at the start of the meeting. IEP teams can and do work through this all the time, yet it can lead to an awkward start. It is worth thinking through what kind of relationship you want to have with the rest of the IEP team. These are the educators who will be working with your child. Whenever possible, we suggest keeping these relationships as collaborative as possible.

If the parent elects to tell the district they are bringing an advocate, they may email the district any time with this information. We recommend keeping this short and sweet. Many parents do it at the same time they tell the district they will be recording the meeting. No justification is required. It does not mean the parent is going adversarial, simply that they want additional help navigating what is a confusing process.

Sometimes, parents are at the point where collaboration with their child’s school district does not feel possible. We understand, and have been there ourselves. One can choose not to inform in advance, or there is another option. Parents can email the district the day before, letting them know that the parent has invited an advocate. This comes across as more collaborative than presenting an IEP day surprise. It also quietly lets the district know there is a shift in perspective coming, and takes away the surprise of simply showing up with an advocate.

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As parents, we understand, As advocates, we can help.