Should You Hire a Special Education Advocate?

The Individuals with Disabilities Education Act (IDEA) makes public education available to children with disabilities ages 3 to 21. The U.S. Department of Education’s Institute of Education Sciences (IES) reports that 7.3 million students received special education or related services under IDEA in 2021 and 2022 alone, comprising 15 percent of all public school students. Many parents wonder whether or not they should hire a special education advocate.

Special Education Services

Special education includes services that address a child’s unique needs. Children who are eligible receive an Individualized Education Program (IEP). While special needs classrooms are available, federal law states that students must have access to the least restrictive environment. The least restrictive environment requirement permits many children with IEPs to participate in standard classrooms while getting additional support.

Navigating the school’s special education regulations and procedures to ensure children receive necessary services can be demanding, as parents often lack knowledge of applicable laws and the school system. In a study by the Rapid Project, parents of children with disabilities reported facing more challenges with children’s school plans and obtaining support services than parents of children who do not have special needs. Families with disabilities also experienced greater emotional distress.

By providing knowledge and guidance, special education advocates can support a student’s best interests and help lessen family stress.

The Role of Special Education Advocates

Special education advocates work directly with students and their families to help them fully utilize available services. They may have degrees and training in education or law or bring years of personal experience from helping their own child with special needs, but no formal licensing requirement exists. Some lawyers also provide special education advocacy.

These advocates can empower students and their families in several ways:

  • Creating a strategy for working with the school
  • Explaining your child’s rights under federal, state, and local regulations
  • Identifying and explaining available services, programs, and accommodations
  • Determining and conveying the meaning of test results and reports
  • Planning IEPs in conjunction with staff, parents, and the student
  • Writing demands and complaints to schools and helping parents submit requests
  • Prepping parents for IEP and 504 meetings and attending them
  • Reviewing special education documents, making sure they are accurate in advance of meetings
  • Explaining the complex system of special education laws

In addition to helping your child access resources, a special education advocate, or IEP advocate, can help identify overlooked factors that could be affecting your child’s education, such as undiagnosed learning challenges.

You may want to explore hiring a special education advocate if you feel overwhelmed by the special education system, believe your child’s needs are not being met, or need help addressing an educational challenge.

Considerations When Hiring a Special Education Advocate

When you choose to work with a special education advocate, your family can benefit from their knowledge and assistance. Since the role requires no formal licensing or certification, individuals offering special education advocacy services may vary in their background, education, and experience. Some organizations, such as the Council of Parent Attorneys and Advocates, provide training for parents and special education advocates.

When selecting a special education advocate, ask about their qualifications and work experience, and consider interviewing multiple candidates to find the best fit for your child.

Finding a Special Education Advocate

In addition to the Council of Parent Attorneys and Advocates, the following organizations can provide recommendations for special education advocates:

Your special needs planning attorney could help your child access educational opportunities. In addition, they can work to protect your child’s classroom rights and can take legal action if the school fails to provide services and accommodations.

Read the full article here.

Contact Us Today

Clancy & Associates, Ltd., is the only full-service special needs planning law firm in Illinois. Our attorneys are dedicated to supporting individuals with special needs and their families. We, too, are parents and siblings of loved ones who have a disability and know how daunting and exhausting it is to go from firm-to-firm and provider-to-provider to find solutions and help.

Each child and family’s needs are very different — and we provide tailored, common sense ideas and strategies that reflect your goals, resources, and hopes for your family’s future security.

Contact us today to schedule a consultation to learn more about our services and talk about your planning needs.

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