What is Educational Advocacy ?
With seventeen years of experience as an educator/school counselor, with an undergraduate degree in special education and a masters in school and clinical counselor from Hopkins, it has been my passion to act as an advocate for families who need special expertise to ensure that they have an opportunity to meaningfully participate in the education of their child. Given the complexity of the network of federal, state and local laws, and intricate regulations and policies governing special education, it is understandable that many parents require the assistance of an educational advocate. Parents often face a situation in which emotions run high, and large teams of school officials outnumber parents at IEP meetings. In addition, a complex legal framework must be navigated by parents who have unequal access to information, which makes securing the services of a professional essential for many families.
Authority for advocates to attend IEP meetings and participate in the IEP process is found in the Individuals with Disabilities Education Act (IDEA), in both the federal statutes and regulations. Under 20 U.S.C. §1414(d)(1)(B)(vi), the IEP team may include “individuals who have knowledge or special expertise regarding the child” at the discretion of “the parent or the agency.” (emphasis added). Under 34 C.F.R § 300.613(b)(3) of the IDEA regulations, parents have the “right to have a representative of the parent inspect and review the records”. (emphasis added).
Although I do not accept insurance, families may qualify for a reduced rate for my advocacy services based on a review of financial need.
[1] Excluding a parent’s advocate from an IEP meeting or from advocating on behalf of a child could be a deprived of meaningful participation in the child’s education as required by the IDEA. If advocacy fails to bring about the desired lawful result and the parent decides to file for due process, the parent could argue denial of meaningful participation. Under the IDEA, a hearing officer may find a denial of FAPE due to a procedural violation if the procedural violation “significantly impeded the parents’ opportunity to participate in the decision making process regarding the provision of a free appropriate public education to the parents’ child.” 20 U.S.C. § 1415(f)(3)(E)(ii)(II) (emphasis added). If a school district excludes an advocate from attending IEP meetings or otherwise prevents them from representing families in the IEP process, the advocate may consider pursuing a claim for retaliation under § 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act (ADA).