No matter what your child's abilities, they can and will succeed. Planning for that success is the critical element.
Your child may have a disability, but that does not mean they lack "ability." As parents, we often focus on the reasons our children require certain special education programs or related services and forget to speak about their capabilities.
All children excel at something! Whether it's a particular subject at school, musical talent or even a sport, make sure the Child Study Team is aware of this and makes accommodations for your child to participate.
There are many ways to get the educational and related services that your child requires and slugging it out with the Child Study Team isn't always the best plan. Besides the fact that it's exhausting, it is also very difficult to write out a good educational plan while wearing boxing gloves!
If you find that the IEP Team is not including you in the process of planning your child's education, or that they are uncooperative, it is often helpful to hire a Special Education Advocate.
Special Education Advocates know the IEP process. They understand that parents play a critical role on the IEP team. While every child has unique needs, an experienced advocate has likely dealt with situations similar to those you are facing and can usually guide you around the obstacles put in your path.
It is imperative that the Advocate understands YOUR child's needs and their right to receive a Free and Appropriate Public Education (FAPE).
Special Education Advocates are expected to have a good understanding of the laws impacting special education students; in example, the Individuals with Disabilities Education Act (IDEA), your state's Administrative Code (in NJ see N.J.A.C. 6A:14) and Parental Rights in Special Education (P.R.I.S.E.). It is also important for Advocates to stay up-to-date on legislative changes impacting special education.
If you are looking to hire a Special Education Advocate, I encourage you to make the following inquiries:
1) Ask about their specific skill levels. At a minimum, a Special Education Advocate should have the following skills:
2) Has the Advocate worked with other families in your school district? (If the answer is "yes" - Inquire about the outcome.) Keep in mind, for reasons of confidentiality, the Advocate will not be able to share names or case specific information. However, a general idea of their success rate, is important to know.
3) Are there any "specialty" areas for which the Advocate is well versed?
Many advocates are well versed with specific disabilities. If you can find an Advocate that specializes with the specific disability your child is facing, this will likely be to your advantage.
A non-attorney Special Education Advocate and a Special Education Attorney are both focused on special education and should be able to assist you in obtaining the programs, support and/or related services that your child requires; but there are key differences in their approach and capabilities.
An advocate will engage with the school district to persuade them to provide the services and supports your child requires. The Advocate should be available to attend IEP meetings with you and be able to coach you through the process so that you are in a better position to advocate for your child's needs moving forward.
A Special Education Attorney will use the legal process to force the school district to comply with the law. An attorney is able to provide you with legal advice, prepare legal filings with the court, and represent you in a mediation or due process hearing.
An advocate (unless they are also a licensed attorney) CANNOT give you legal advise, prepare legal complaints (unless they are working under the supervision of an attorney) or represent you in a court of law. In NJ, under limited circumstances, a non-attorney Advocate may assist you at a Due Process Hearing. One example would be if the Advocate is a paralegal or legal assistant employed by legal services. However, Magee Advocacy does not represent clients in a court of law. If you intend to file a Due Process Complaint, you are strongly encouraged to seek the expert legal advice of a Special Education Attorney.
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