Re: An Advocate...

[Guest guest]

Thanks for the info -- I actually read this on COPAA's website last night before my stress-induced migraine caused my vision to crack. Thanks too, Shane, for the ARC of the US. They have a branch here in Summit County, so I left a message for their advocate, and am waiting to hear back from her. But they warned me that she's the only advocate and is hugely busy.

Well, I also contacted the OCECD. They directed me to my school district's local parent advocate. I know who this person is, and I'm sure she does just fine....but, well, doesn't it seem like a conflict of interest? I mean, these folks are getting their paychecks from the people they are supposed to be up against (for lack of a better term). Are they really going to be fighting for your child when they know which side their bread is buttered on? I don't know...maybe it's just me...maybe I watch too much TV, but I just don't see how that works to the child's advantage.

Any thoughts, anyone?

--Suzanne

-----Original Message-----

From: SMD@...

Sent: Thu, 26 Oct 2006 12:55 PM

Subject: [ ] An Advocate...

Guidelines for Choosing a Lay Advocate in Special Education

Lay advocates can be anyone parents choose to support them in getting what their children need in special education. Many lay advocates have training and experience to help you beyond giving you moral support. These advocates can be paraprofessionals such as paralegals with experience and training in special education or professional lay advocates; they may, or may not charge fees for their services. Lay advocates do not have a license to practice law, and they are not lawyers. They provide their services according to the laws of their state.

You can find advocates by calling your state's Parent Training and Information Center or inquiring with local disabilities organizations. You can also ask other parents in your local area about advocates they have used. The Council of Parent Attorneys and Advocates, Inc. (COPAA) also has an advocate locator available on its Web site.

Guidelines

Select a trained, experienced advocate

No certification authority exists to certify special education lay advocates at this time. However, advocates do have training opportunities. When you interview an advocate you may want to work with, you need to ask about their education and training. You should also ask whether the advocate stays current in the field by getting updated training and education through workshops, conferences, continuing education programs, or seminars. Do not hesitate to ask for references from the advocate. You are the one making the hiring decision.

Select an advocate with special education experience

Experienced advocates can often get things done when others cannot. They should be familiar with the local service providers, evaluators, local school districts and special education administrators and the options they offer, and local customs. Ask about their knowledge of IDEA and other laws/regulations affecting the education of students with disabilities.

Advocates also may have specific skills and knowledge about evaluations, certain disabilities, IEPs and other educational negotiations, behavioral supports and discipline, document management, fact investigations, and other areas. They may also have alternative dispute resolution skills, such as mediation and facilitation skills. Ask your advocate about his or her experience and specific skills.

Select an advocate who understands your child

You should expect an advocate to spend time visiting with your child. Each child is a unique human being and has individual educational needs. Your advocate should be able to explain to you how your child's disability will affect him or her at school. Advocates are not diagnosticians and they are not education evaluators. But, a working knowledge of your child's disability, or a willingness to become educated about your child's disability, is a quality any good advocate should have.

Ask the advocate about their relationship with attorneys

Some advocates and paralegals work independently in their own offices; some are supervised by attorneys; some work as employees of special education attorneys and public service organizations such as Protection and Advocacy agencies. You can ask lay advocates if an attorney oversees and supervises their work, although it is not necessary that a lawyer oversee or supervise the lay advocate, or that a lay advocate even have a relationship with an attorney. Many experienced lay advocates work completely on their own or with other advocates who are not licensed attorneys. Also consider this: You should decide what you want in an advocate and what kind of assistance you need.

Select an advocate who understands his or her professional limits

Lay advocates may give you legal information and help you negotiate and resolve disputes. However, they are not lawyers, and cannot give you the same type of legal advice as attorneys. An experienced, well trained lay advocate should help you recognize when you should seek the services of a lawyer. In some states, lay advocates can assist parents in due process hearings. In others, they cannot. Should you and your advocate determine that your next step may be a due process procedure, you should check state laws regarding representation and assistance from a lay advocate. An advocate cannot represent you in state or federal court.

Other questions to ask

You can ask what an advocate charges and how you will be billed. You can ask how the fees are determined, and whether they will be hourly or on a flat rate basis. Find out who keeps the copies of your child's records at the advocate's place of business, and how your child's files will be maintained and returned to you when you need them.

You should discuss communication, how you and your advocate will keep each other informed about the issues in the case, and how you may assist or work with your advocate to resolve your child's educational issues.

Parents play a vital role in every special education matter. An advocate can give you advice and opinions based upon their training and experience, but it is you, the parent, who must make all of the final decisions about your child's case. After meeting with the advocate ask yourself if you:

Will be comfortable working closely with this person Are confident the advocate has the experience and skill to handle your case Understand the advocate's explanation of what your case involves Understand the proposed fee agreement

The Council of Parent Attorneys and Advocates, Inc. offer these suggestions as a public service to parents of children with disabilities. The COPAA Guidelines incorporate information based in part on an article published by the Illinois Attorney General's office.

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