Legal Ease!

In the News: A Special Edition for Parents on Advocacy

A student with learning disabilities may be more likely to receive an appropriate education if he or she has an advocate who can help them navigate the special education system. Understanding advocacy can help parents manage this complex system more successfully.

Why Advocate?

• Good special education services are intensive and expensive.
• Resources are limited.
  
• Obtaining services through the school district for a child with special needs can be a confusing process. Access to appropriate information will help you navigate this process and obtain the necessary resources for your child.

Who can be an advocate?

Anyone can advocate for another person. An advocate performs several functions: supports, helps, assists, and aids. An advocate speaks and pleads on behalf of others and defends and argues for people or causes.

Parents
Parents are natural advocates for their children. Who is your child’s first teacher? You are. Who is your child’s most important role model? You are. Who is responsible for your child’s welfare? You are. The law gives you the power to make educational decisions for your child. Do not be afraid to use your power. Use it wisely. A good education is one of the most important gift you can give to your child. As a parent of a child with a disability, you strive to ensure that the school provides your child with a “free appropriate public education” that includes “specially designed instruction … to meet the (child’s) unique needs …” (20 U.S.C. S 1401)

What Advocates Do

Gather information

Advocates gather facts and information. As they gather information and organize documents, they learn about the child’s disability and educational history. Advocates use facts and independent documentation to resolve disagreements and disputes with the school.

Plan and Prepare.

Advocates know about legal rights. They know that a child with a disability is entitled to an “appropriate” education
With this in mind, advocates know that planning prevents problems. They read special education laws, regulations, and cases in order to obtain answers to their questions.

They prepare for meetings, create agendas, write objectives, and use meeting worksheets and follow-up letters to clarify problems and nail down agreements.

Keep Written Records

Because documents are often the keys to success, advocates keep written records. They know that if a statement is not written down, it may not be remembered.

They make requests in writing and write polite follow-up letters to document events, discussions, and meetings.

Ask Questions, Listen to Answers

Advocates are not afraid to ask questions. When they ask questions, they listen carefully to answers. Advocates know how to use “Who, Where, When, and How” and “Explain” questions.

Identify Problems
Advocates learn to define and describe problems from all angles. They use their knowledge of interests, concerns, and positions to develop strategies. Advocates are problem solvers. They do not waste valuable time and energy looking for people to blame.

Propose Solutions

Advocates know that parents negotiate with schools for special education services. They seek “win-win” solutions that will satisfy the interest of parents and schools.

For more information on how to be an Advocate for your child, please log onto www.wrightslaw.com. Let Congress Know! Your Stories Are Needed! As a member of the U.S. Congressional staff, Beth Clay is responsible for collecting stories and statements from parents of children with disabilities.

Accordingly, Congress would like the following information:

1. What challenges have you faced with your child’s education?
2. Do you feel like you have to fight for services?
3. Do you feel your school is following the IDEA law?
4. What kinds of problems have you had?
5. How much money have you had to spend out of pocket
   because your school won’t provide services?
6. What lessons have you learned?
7. What good things can you tell us about your school system?
   

Please forward your stories to beth.clay@mail.house.gov. Stories can be called into (202) 225-5074 or faxed to (202) 226 1274. Congressman Dan Burron would like to hold hearings before the end of the year that address the struggles parents face as advocates for children with disabilities and the difficulties they encounter trying to provide them with an appropriate education.