“Do I need (and how do I find) a Special Education Advocate for my child?”
I’ve had the privilege of attending multiple special education meetings as not only a school-based service provider but also as a private advocate for students. The process generally looks something like this: a student demonstrates a need, the school/parents initiate testing, and then the test results are used to develop a plan for services. Sometimes,the scores are just shy of special education qualification, or services are denied for various reasons. In this situation, parents often appeal the decision, and hire an outside professional to support(e.g., advocate) for their child at future meetings with the school. This step of hiring an advocate can be quite confusing at first, due to a lack of knowledge that generally exists regarding advocacy for special ed. It’s not exactly the hot topic of conversation at holiday parties or neighborhood barbeques; however, advocacy exists as a positive and much-needed support for parents who find themselves caught up in the red-tape world of education.
I find that many parents feel overwhelmed by the process, which adds to the negative emotionality and fears that can arise during a special education referral. Parents often contact me with the main questions of “Do I really need an advocate?,” or “What does an advocate actually do?” Great question(s). Here is what I have learned from my multiple perches in the tree of special ed. Please note that this information is provided as a free resource, and is not intended to represent or replace the advice of legal counsel:
“I don’t want to hire an advocate; I don’t want to start a fight with the school.”
Okay, this is a valid concern. A desire to maintain a good working relationship with the school is a reasonable and positive goal. However, if there are concerns regarding the school’s decision-making process and you are genuinely worried that your child might fall through the cracks, there are ways to bring an advocate into the situation without jeopardizing your relationships. First, it can be a good idea to alert the school to your concerns. Sometimes just letting the school know about your worries can go a long way to facilitating change. Second, not everyone likes a surprise. Delivering a “ninja bombshell” in the form of an advocate at the formal meeting may not go over well. In the spirit of fair play, you may wish to tell the school in advance if you plan to bring someone in as an advocate. The school may then decide to bring in higher authorities from district to support the meeting. Not necessarily a bad thing, as people with more power can also effect more change for your child.
“It seems really expensive and I don’t want to spend the money.”
Another valid concern. Many special education advocates charge in a similar fashion to lawyers, by the hour or through a monthly retainer. One reason is that reputable advocates have experienced the legal process of education either directly or indirectly. They are generally not lawyers, of course; however, most have honed their skills as either parents in the system or as service providers with invaluable insight into the laws that govern the process. This can work to your benefit when you are trying to decode and understand the language used at the school’s table. That being said, if you require legal services, work toward finding a lawyer for your needs as opposed to hiring an advocate. As a final point, advocates can be expensive, but imagine the cost of not hiring support and then finding that you really could have used someone in your corner when all was said and done.
“I don’t want services for my child. I will homeschool or move to a private school instead.”
This is becoming an increasingly common approach for parents who are frustrated with the school system in general. I have seen wonderful examples of changing a school setting and the resulting benefits for students. Some children just need a change of scenery in order to thrive at school. However, let’s say that a student has a learning disability and needs services that would typically be provided at school, such as speech language, occupational therapy, or reading intervention. If you are in a homeschool or private setting, it can be harder to access those services. Not impossible, but certainly complicated. Many private schools are not required to adhere to federal regulations regarding disabilities, which can lead to problems for parents who have a legitimate need. I find that many private schools try their best, yet it can be hard to match the level of services that are accessible in a public setting. If you find that you are in this scenario, you may benefit from a consult with an advocate to discuss options as you work toward the best decision for your family.
“How will I know if I need an advocate?”
There are no hard and fast rules regarding when to bring in an advocate. Parents typically fall into one of three camps: hiring an advocate as soon as a suspected disability presents itself, not wishing to bring an advocate in under any circumstances, or simply not knowing that advocacy exists for special education. For all of these groups, here are my general thoughts on when to hire an advocate: if the school is responsive and you are supportive of their plan to move forward, watchful waiting might be the best bet. However, if you have repeatedly asked for support and/or feel that your voice isn’t being heard, it might be time to seek a consult. Obviously, my “two rule” approach may not cover every scenario, but I find it’s a good rule of thumb if you are questioning where you are in the process. Overall, if you are questioning, it might be a good time to reach out.
“How do I find an advocate?”
Don’t discount the power of your network. If you know of other parents who have successfully used advocates in the past, ask them for referrals. Next, I often share my contact information with pediatricians and mental health providers both in schools and in the private sector. Don’t be afraid to ask your doctor or counselor for a referral to an advocate.
“Which advocate should I choose?”
The process of hiring an advocate can be tricky, with personal fit looming as a large issue. You definitely want to feel a sense of trust in your advocate’s skills and approach. Advocate credentials can range from a licensed doctor to parental experience in special ed with no formal education. With so many different levels of education and expertise, it can be difficult to identify the best provider for you. You may wish to consult with a few advocates, ask about their preferred approach with the school, and decide which individual matches best with your needs. When it comes to approach, do you want an obvious hammer, or a steel marshmallow? When it comes to personality, do you want someone who can use humor to their advantage, or someone who is more of a quiet observer at the meeting? What about credentials? Do you want someone who is licensed, or someone who has gone through the special education cycle firsthand as a parent? All of these preferences should be a part of your decision-making process. Next, consider their ability to represent you by traveling to your location for in-person meetings (the better approach, but not the only way). Lastly, consider the cost. Some advocates offer a free consult in order to ensure a good fit. This can be a helpful way to clarify and develop your plan, especially if it’s at no cost to you.
As a final note, from my experience on both sides of the table, I have seen how advocates can effect powerful and positive change. If you are a parent who is considering advocacy, research the best options for you, and don’t lose sight of the overarching goal: providing a better educational experience for your child’s needs.
Please note that this information is not provided as nor representive of advice given in a client/therapist relationship, nor is it provided as legal counsel. If you require legal services, please seek counsel with appropriate providers. To the extent of the law, Reveal IQ Assessments, LLC, shall not be held liable for any direct or indirect repercussions of your use of information from this blog.