Are you the parent of a child with autism or other disability? Would you like to know what an advocate does in the special education process? Do you wonder if a special education advocate could help you in fighting for needed services, for your child? This article will explain what the role of a special education advocate is, and whether they could help you advocate for a free appropriate public education (FAPE) for your child.
There is currently no certification for special education advocates! This is the reason why it is sometimes difficult to find one that is knowledgeable, and has expertise in special education.
The role of a special education advocate is to:
1. Have a working knowledge of state and federal laws that cover special education, and know how to use them to advocate for children. Federal law is Individuals with Disabilities Education Act (IDEA). Each state is required to have a law that must comply with IDEA.
2. Understand different types of disabilities and have experience advocating for children of different disabilities
3. Take time to know the child, and work with the parent to determine what services and placement a child needs, and advocate for them! This may require the parent getting an independent educational evaluation with a qualified evaluator.
4. Educate parents as to research based practices, as well as best practices. IDEA requires, that curriculum and programs be scientifically research based, which parents need to understand.
5. Have knowledge of different school districts and also how to advocate with different personalities of special education personnel. People are all different and the advocate must understand the best way to deal with the different personalities.
6. Act in a professional manner, whenever possible, to help parents get needed special education services and placements for their child. A good advocate is firm and refuses to back down when intimidated by special education personnel.
7. Teach parents advocacy skills so that they may learn how to advocate for their child!
A special education advocate can be extremely helpful in advocating for your child. If you think an advocate could help you check out your local disability organizations, and see if they have an advocate on staff. Check organizations such as a Center of Independent Living, Parent Training and Advocacy Centers (available in all states). If you hire a private advocate make sure you check their credentials, and make sure that they have experience with children with your child’s type of disability. This will ensure that the advocate understands what your child needs, and will be able to advocate for them.
By: JoAnn Collins
Posts Tagged ‘Independent Educational Evaluation’
Special Education Advocates Role in Advocating For Children With Disabilities
November 8th, 2009Criteria For IEE’s at Public Expense – Can Special Education Personnel Do That?
November 4th, 2009
Are you a parent who is interested in what criteria special education personnel can use for an Independent Educational Evaluation at Public Expense? Have you been denied an IEE at public expense, because you refuse to go along with strict criteria set by your school district? This article will discuss what criteria special education personnel are allowed to set for IEE’s at public expense.
The Office of Special Education Programs does allow school districts to make criteria for IEE’s at public expense if:
a. Parents are allowed to ask for a waiver of the criteria if their child’s disability warrants it, or
b. The criteria do not prevent the parent from getting the IEE at public expense.
Below is a discussion of the criteria that school districts are allowed to set: (Just remember that the criteria cannot prevent the parent from getting the IEE at public expense)
1. Professional qualifications; An independent evaluator must be at least as qualified, as special education personnel, who do the testing in the school district. If you want an independent evaluator who is more qualified than school person, you must put that in your initial request for an IEE at public expense.
A lot of conflict often occurs because parents want their child tested by a Clinical psychologist not a School psychologist; which increases the cost.
If you can prove, that unique circumstances require a clinical psychologist, then your school district may agree. If they do not, they should file for a due process hearing.
2. Cost; A lot of school districts, place very low cost on independent educational evaluations at public expense. A good qualified independent evaluator is going to cost quite a bit, depending on the profession and location. If the evaluation that you want is going to cost more than the amount stated by your school district, tell them that you are asking for a cost waiver because of unique circumstances. They may ask you to list the unique circumstances, which is allowed.
Another issue is that school personnel cannot prevent you from getting an IEE at public expense. If they make the cost too low, then you will not be able to get the evaluation.
3. Geographical; Some school districts want you to stay within a certain geographic area. Again they can do it, if it does not prevent you from getting the evaluation.
Below is criteria school districts are not allowed to set:
1. Pick from this list of Evaluators: This is not allowed by the Office of Special Education Programs which is part of the Department of Education.
2. We will pay but we get to pick the evaluator: Also not allowed by OSEP. On February 20, 2004 OSEP published a policy letter regarding IEE’s at public expense. In this letter OSEP states: It is the parent, not the district, who has the right to choose which evaluator. . .will conduct the evaluation.
3. If you want an IEE at public expense you must file for a due process hearing. The Individuals with Disabilities Education Act (IDEA) is clear; either school districts pay for the evaluation of they file for a due process hearing to prove that their evaluation is correct. This is important because in some states the burden of proof at due process rests on the party that files.
4. We want to determine specifically what tests are done. IDEA states that parents and school districts must agree on areas to be tested, not on the tests themselves. If an agreement cannot be reached then special education personnel must file for a due process hearing.
By understanding what criteria special education personnel can make for an IEE at public expense, you will be in a better position to get an IEE at public expense for your child.
By: JoAnn Collins
