Why Every Child With Special Needs Should Have an IEP Advocate

As a parent of a child with special needs, navigating the educational system can often feel overwhelming and complex. It may even feel like you’ve been dropped into the deep end of the pool without floaties, swimming lessons, or water. But what if you could have a personal lifeguard who's also an Olympic swimmer, knows all the strokes, and has trained for years? There is such a person: the IEP Advocate.

If you aren’t aware of this resource, you’re in for a treat because I’ll break it down here. Understanding what an IEP Advocate does can empower you to make informed decisions for your family. You'll learn how to find the right Advocate for your family, and how to make the most of your relationship with your IEP Advocate. So let’s dive in (sorry, I couldn’t resist another swimming metaphor!).

When you first learned your child would need special education services, you likely felt a mix of emotions - concern for your child's future, uncertainty about the process ahead, and perhaps even a sense of isolation. Now, imagine the relief of having someone by your side who's not only been through this process before but has also dedicated their career to helping parents like you navigate it successfully. That’s what an IEP (“Individualized Education Program”) Advocate does.

An IEP Advocate can be especially helpful in three key areas:

Fostering Collaboration: While it can sometimes feel adversarial, the IEP process is meant to be collaborative. A skilled Advocate can guide you in building and maintaining positive relationships with your child's educational team, even when you're pushing for changes.

Choosing Your Battles With the School System: Occasionally, you may disagree with the school over your child’s accommodations. An experienced Advocate can help you discern which issues are worth pushing for and which might be addressed through other means. This results in less time and energy for you and more time and energy you can put into parenting your child.

Preventing Legal Disputes and Knowing When to Escalate: With an Advocate's help, you can often resolve issues that might otherwise have escalated to formal complaints or due process hearings. However, there may be times when legal action becomes necessary. In these cases, your Advocate serves as a crucial advisor. They can help you recognize when it's time to bring an attorney on board and can often work alongside legal counsel to resolve issues through negotiation or, if necessary, a due process hearing.

Now, you may be thinking, “Yeah, this sounds amazing! I need an IEP Advocate for my family!” Great. Then, let’s talk about how to find the right person for the job.

Your Advocate will be a close confidant, and finding the right fit is crucial. You want to work with someone you like and trust, as well as someone qualified to handle any situation that can arise. Your child’s education depends on it. So, when searching for an IEP Advocate, consider these things:

Experience: Look for someone with a strong special education and advocacy work background. You want someone who's seen more IEPs than you've had hot dinners.

Credentials: Many Advocates have advanced degrees in education or related fields. While this isn't always necessary, it can be beneficial.

Familiarity with Your Area: Local knowledge can be crucial, as special education practices vary by state and district. Find someone who knows your school district better than they know their kitchen.

Communication Style: You'll be working closely with your Advocate, so choose someone whose communication style complements yours.

References: Don't hesitate to ask for and check references from other families the Advocate has worked with. When you talk to other families, ask pointed, not general, questions. So instead of, “How did you like working with them?” ask, “Please give me an example of a specific conversation they had with the school, what you liked about how they handled it, and what you didn’t like.” You’ll get better information by asking for specific examples.

Once you’ve chosen the right Advocate for your family (hooray!), let’s ensure you know how to make the most of the relationship.

Investing in an IEP Advocate is a significant step, but it's worth it. To get the most out of this investment, here are a few tips to make the most of working with an IEP Advocate:

Be Open and Honest: Share all relevant information about your child's needs, as well as your concerns and your goals. The more your Advocate knows, the better they can help you. Don’t worry about feeling scared or vulnerable. They’ve been there and understand.

Ask Questions: Don't hesitate to ask for clarification on anything you need help understanding. Channel your inner four-year-old and ask "why" a thousand times. Your Advocate is there to educate and empower you.

Be Prepared to Learn: Your Advocate will likely teach you much about special education rules, IEP development, and negotiation strategies. Embrace this opportunity to become a more informed and effective Advocate for your child. It’s like returning to school but without lunch and gym class.

Follow Through: Your Advocate will likely give you "homework" - tasks to complete between meetings. Take these seriously, as they're designed to strengthen your case and improve outcomes for your child.

Trust the Process: Advocacy work can take time. It’s a marathon, not a sprint. Trust your Advocate's experience and follow their guidance, even if progress initially seems slow.

Remember, investing in an IEP Advocate is investing in your child's future. Even though your role as your child's primary advocate is crucial, you don't have to do it alone. Embrace the support and expertise an IEP Advocate can offer, and watch as doors open for your child's educational success. Remember, every child has the potential to learn and grow - your job, with your Advocate's help, is to ensure the educational system recognizes and nurtures that potential in your child.

We understand that every child with special needs is different, so we offer a personalized approach and a comprehensive range of estate planning services, including Special Needs Trusts and legal guardianship nominations, to create a plan unique to your child and ensure your child’s success. Contact us today if you aren’t sure where to start or what your child may need now and in the future, including educational planning. As your trusted advisor, we’ll walk you through your unique situation and develop a plan to ensure your child has the physical, financial, and emotional support they need now and for years.

Contact us today to get started.

This article is a service of Ralston Law, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Family Wealth Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.