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

By Jennifer Carter


School can be tough for kids with special needs and their parents. Getting the help they need to succeed academically can be frustrating. When parents feel as though the school teaching staff and administration are insensitive to their children's challenges, and less than cooperative, they have the option of turning to outside professionals. Some hire attorneys, and others opt for a special education advocate California organizations provide. These professionals are not interchangeable, and it's important to understand the difference.

Advocates may or may not have specialized training. They are not required to be certified or have a legal background. You need an attorney when you're thinking about suing the school system. Advocates and attorneys can help you with letters to school administrators and have the ability to negotiate on your behalf. Experienced advocates may be able to give you legal information, but not legal advice. They can't prepare legal documents, but they can act as your representative at hearings.

A lot of advocates are former teachers. They can give parents information about teaching methods, strategies for modifying behaviors, and assistive technology. They may have information about different programs in local public and private schools. These advocates can be very effective mediators for parents because they have been in a school system.

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.

Lawyers, on the other hand, often signal that parents feel as though a difficult situation has escalated to the point that they need legal representation. It's not unusual for administrators to postpone meetings until their legal representatives are available, which the school system has a right to do. Adding lawyers to the mix isn't always conducive to constructive communication. Lawyers can also convey the message that parents are serious.

The cost differential between advocates and attorneys is huge. All lawyers are expensive even though most of them waive the cost of the initial consultation. Advocates either offer services without any charge or for a nominal fee.

You should ask questions before hiring any kind of advocate. You want to know what the person's experience is and if that individual has ever worked with your child's school district. You need to ask about fees and what they cover. It's also important to understand what role the advocate expects you to play.

You should ask some of the same questions of any lawyer you are considering hiring. You need to know about that person's experience. You must understand the fees involved. You also need to know what the attorney's plan of action is.




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