Hire Advocate, Attorney Special Ed

Hire Advocate, Attorney Special Ed

Should parents hire an attorney when their child’s school district is being unhelpful?  Maybe.  Attorneys are an essential part of the special education process, and we work closely with many of them.  We recommend making an advocate your first call.

While it can often make a huge difference to bring expert help to a child’s IEP meetings, there are factors to consider when deciding whether to bring an advocate to an IEP meeting versus inviting an attorney.  Both are important. There are some key differences.

Professional advocates work COLLABORATIVELY with parents and school staff to represent the student’s best interests in the educational process. Advocates strategize with parents to develop appropriate services, programs, and accommodations/modifications to meet the student’s individual needs.  We also work closely with families to empower and educate the family, and help families strengthen their own advocacy skills. Collaboration is key. Bringing an advocate to a meeting often lets the district know the parents are serious about changing the conversation with the district while still maintaining a cooperative working relationship.  .

Taking an attorney to an IEP meeting takes things in a different direction.  When a parent invites an attorney to an IEP meeting, they must inform the school that the attorney will be present.  The district will then invite their attorney to the IEP meeting.  At that point, the district often assumes that the parent intends to pursue legal action.  This significantly changes the IEP conversation. While the district then knows that the parent means business, in many cases it impacts the relationship. People tend to be more guarded, and some parents report what appears to be more distance in working relationships with their child’s teacher.  When things settle down and the parent no longer feels the need to bring an attorney, some districts continue to invite their attorney to IEP meetings. Yes, unfortunately, they can do that.  The parent then faces two difficult choices.  They either have to hire the attorney again or go to meetings on their own.  Knowing the district will have an attorney present and not having your own attorney can be intimidating.

What if the family is not sure whether to hire an advocate or an attorney?  Part of being a good advocate is knowing what is advocacy work, and what work needs to go to an attorney.  Call and ask; we will cheerfully either help or make referrals to attorneys you can call and ask questions.

Call an advocate. Learn your rights.

http://www.aspireadvocacy.com

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