Frequently Asked Questions

What is a special education advocate?

A special education advocate represents the best interests of students in seeking support and services under the Individuals with Disabilities in Education Act 2004 (IDEA), the Americans with Disabilities Act of 1990 (ADA), and Section 504 of of the Rehabilitation Act of 1973. We work in partnership with families to navigate the educational system so that appropriate plans are developed and implemented with fidelity. Advocates also help families to participate as meaningful partners and make informed choices on the educational team by assisting them in understanding their educational rights, clarifying expectations of public education, and understanding available options for their decisions.

Why would I need an advocate?

The demand on special education resources outpaces funding, and the gap has grown larger every year. This has led schools to become places of infinite need but limited means. Sometimes, the right that every student has to receive a free appropriate public education can become lost. And, there's an enormous emotional toll on parents. All of this can make the process of crafting, monitoring, and revising a special education plan confusing and overwhelming.

Most people initially seek out an advocate when schools deny a request that parents believe their child needs. Advocates can also be extremely beneficial before that happens. Crafting a plan with measurable, attainable goals; ensuring effective communication, and maintaining good documentation are the best ways to prevent disputes from forming in the first place.

What is the difference between a non-attorney advocate and a special education attorney?

Qualified non-attorney advocates are specifically trained in the procedural and substantive issues your team may present, and they are qualified to advise on all aspects of the educational experience. They should be effective facilitators of communication between families and school staff, and work to prevent and resolve disputes before they escalate to legal action. However, they do not represent families in due process or lawsuits.

It is your option to hire an attorney at any stage in the process. And if you already have imminent legal action, you will require the services of an attorney. Remember though, if an attorney is brought into the process too early, it can send the message that you are expecting to litigate, whether that's true or not. We advise making that decision strategically, as it can sometimes raise tensions.

What are the qualifications to be a special education advocate?

There are a few highly reputable special education advocacy training programs, but advocates are not legally mandated to have specific credentials and are not licensed in the field of advocacy. It is essential that advocates have completed reputable training programs and also demonstrate an ongoing commitment to continuing education. Two of the most respected programs include the Special Education Advocacy Training (SEAT) offered by the Council of Parent Attorneys and Advocates (COPAA), and the variety of training programs and books offered by Wrightslaw.com.

What are some important things I should ask before hiring an advocate?

We recommend the following questions at at minimum:

• What advocacy-specific training do you have?
• How long have you been working as an advocate?
• Have you worked on other cases similar to mine?
• Are you familiar with my school district?
• What are your fees and how are they structured (hourly, flat fee, etc)?
• How do you view the parent/advocate relationship?
• How do you view your relationship with school staff?
• What are your ethical and privacy standards?

The individual you hire will function as an additional voice on your behalf with your school, so you should feel comfortable that you will be represented in a way that you endorse. That may not always mean doing it the same way as you do. Effective communication styles will understandably vary, as long as you have trust and confidence in their approach.

Have you worked with my school district?

This may be less important than you think. Most of the specifics in special education are defined at the state level - not in individual districts. Some districts have become so familiar with their own policies that they no longer realize the ways they may or may not be supported by law. Familiarity can be good, but unfamiliarity can also. Qualifications are what matter.

What will it cost?

Advocates are usually paid by the hour, just as you would pay any other professional service providers. It can be difficult to estimate a project cost, because there are so many variable factors which influence the timeline. In cases where the scope of work can be clearly defined, we will quote you a flat rate for completion of services. We also consider requests for pro bono representation in certain circumstances.

Will you guarantee the outcome of my case?

No attorney or advocate can guarantee a specific outcome in your child’s case. If you are advised by one that they can, it's a red flag. Likelihoods are the best anyone can do, and those are not certainties. What we can guarantee is that you will receive the full benefit of our experience and knowledge, and you will be kept well-informed of your rights, safeguards and choices along the way.

Do you offer a free consult?

Yes. It’s a widely accepted practice in the field of special education advocacy that your initial consult is free of charge. It's important that you feel comfortable with your advocate before committing, and your advocate needs to understand your case prior to offering their services. For those reasons, all of our client relationships begin with a confidential conversation about your needs and concerns, during which you will receive a brief analysis of the types of support and strategies you may find useful.

If you’d like to schedule a consultation with one of our advocates, please click on "Contact Us/Book a Call" at the top of this page.