The Differences Between A Lawyer And A Special Education Advocate California Parents Might Hire

By Jennifer Carter


If you have a special needs child in school, you've probably experienced a lot of frustration making sure he has everything he needs to succeed academically. When it seems as though the teachers and administrators aren't fully cooperating with you, or aren't as sensitive to the challenges your child is facing as they should be, you may need the help of a professional. You could hire an attorney or opt for the services of a special education advocate California organizations have available. Understanding the difference between attorneys and advocates is important.

Advocates are individuals with the training to guide you. They may or may not have legal expertise. You might hire an attorney when you are considering bringing some kind of legal action against the school system. Both of these professionals can help you write letters to the appropriate school officials and negotiate on your behalf. Advocates can give you information about the law and represent you at hearings. They cannot give you legal advice or prepare legal documents.

Many advocates used to be in the teaching profession. They have special expertise when it comes to informing parents about assistive technology, behavior modification, and various teaching methods. These advocates may be aware of specialized programs offered in certain private and public schools. Since they have first hand experience working within school systems, former teachers often make great mediators.

Advocates and attorneys get different reactions from school administrators when they present themselves as representatives of parents. Advocates are not usually seen as threatening by the administration. If an advocate attends an IEP with you, the teachers may be defensive. Others welcome the opportunity to discuss the child with a professional.

The scenario can be very different when a parent attends an IEP meeting with an attorney in tow. This usually signals to the administration that the parent is escalating the situation, and not in a positive way. When this happens, administrators often insist that they be represented by their own attorneys, which is their right. Adding lawyers to the mix can make communicating more difficult. It can also send the signal that the parent is serious about the child's academic future.

The difference in cost between lawyers and advocates is enormous. The initial consultation you have with a lawyer may be free, but not much else. Advocates don't charge huge fees. They sometimes charge nominal ones and other times none at all.

Before you hire an advocate, there are certain questions you should ask. You need to know what experience the person has and if the individual is familiar with your child's particular school district. You need to know what fees will be charged, and what the fees cover. You should understand how you will be involved and how you will be kept informed.

If your plan is to hire an attorney, you need to ask questions of that person as well. You want to what kind of experience the lawyer has in this field. You have to ask about the fees involved, and how they will be structured.




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