IEP Help: Do I need an advocate or a lawyer?
The IEP process and IEP meetings can feel overwhelming for parents of students with special education needs. There are many specialized terms, confusing paperwork, legal mandates, and meetings sometimes feel as though all the school professionals are on a team, leaving the parents out. Unfortunately, some schools make the IEP process painfully difficult for the family and parents feel as though they are constantly fighting just to get their child the support and services they need. Even when IEP teams are supportive and helpful, some parents wish that they could have someone on their side to help explain the process, review their child’s IEP, and support them in meetings. When searching for an expert to help support you in the IEP process you will usually see two different options, (1) an advocate and (2) an attorney specializing in special education law. What are the differences between these two options and how do you choose?
Both Advocates and Lawyers:
1. Help you communicate with the school verbally and in writing.
2. Review your child’s IEP.
3. Help you to understand you and your child’s rights under IDEA.
4. Help you to understand the school’s responsibility under IDEA.
5. Attend the IEP meeting with you.
6. Help you to plan, makes goals, request services, and advocate for your child.
Lawyers:
1. Can give legal advice, file legal paperwork, and represent you at a hearing or in court.
2. Must have a license to practice in the state.
3. May or may not have specialized knowledge about various disabilities.
Advocates:
1. Often have extensive experience with various disabilities and the school system.
2. Often are connected to the community and can make recommendations in your area.
3. Are not able to represent you legally or give you legal advice.
4. There is no licensing process for advocates. Some advocates may be professionally licensed in their field (psychologist or BCBA).
Real Talk:
1. There can be big cost differences between an advocate and a lawyer. Lawyers generally charge anywhere from $100-$1000 per hour and most often they will charge you in 15-minute increments. The cost of an advocate can vary greatly but will almost always be less than a lawyer.
2. Anyone can call themselves an IEP advocate. Since there is no formal license or educational process to becoming an IEP advocate it will be up to you to determine if the person providing services is credible and has the knowledge to help you.
3. Bringing a lawyer into the IEP process will be taken very seriously by the school. This can be both a positive and a negative. The school will immediately bring their lawyer in and the situation is likely to get quite tense. This can escalate a situation quickly and create negative feelings. There are times when a lawyer is needed, for example when a school has repeatedly broken the law and refused to acknowledge this or worked to correct the situation. However, most IEP situations, even challenging ones, can be solved without legal action.
4. Make sure that the lawyer or advocate you choose has experience with the areas that you need help in. Not all advocates or lawyers will be a good fit. For example, here at ASCEND we have a few different people that might work with you based on the biggest challenge you are facing. Dr. Scott is a psychologist with years of experience working with challenging behaviors, she is going to take any case where there is challenging behavior or disagreement over a behavior plan. Dr. Fuller is an expert in young children and AAC devices, she is going to be your advocate if your main concerns center around the use of AAC devices in the school. Don’t be afraid to ask lots of questions and make sure that you feel comfortable and confident with the professional you choose.
