If you have a child with special needs, you may have heard the term "advocate". An advocate is a person with a background in special education who is an expert in the public school system's responsibilities in providing services to a child with special needs. Advocates are former special education teachers, administrators, school psychologists, or other special education service providers. An advocate's purpose is to help you navigate the special education system to obtain appropriate services for your child.

What is the difference between an advocate and an attorney? An advocate is different from a special education attorney in that the advocate prepares your case for due process, whereas an attorney takes your case to due process. An advocate is an expert in the special education system and is knowledgeable about special education law within the school system. An attorney is an expert at the law and may have minimal knowledge about the special education system itself. An advocate's role is to interpret school assessment reports, review and revise the Individualized Education Plan (IEP) goals to be relevant for your child, and to ensure the services your child receives are appropriate. An attorney's role is to litigate. The distinction is important because an advocate will know what to look for in your child's IEP, how to write appropriate goals, and how to interpret reports written by school professionals. An advocate will help you to understand the special education system. Most importantly, an advocate understands how the school system works, so they are able to negotiate the dance between you and the school district. Finally, an advocate is often a more cost effective means to obtaining an appropriate IEP compared to an attorney.

How do I know when I need an advocate versus an attorney? I recommend starting with an advocate first. An advocate will be able to review your case and direct you either to the best path, whether an advocate or an attorney. If you are seeking an IEP for your child, wish to ensure your child's IEP is appropriate, or are having difficulties with the school district, an advocate will be the most efficient.

What can I expect if I hire an advocate? Many advocates will start by providing you with a complimentary consultation to determine the nature of your case. A good advocate will conduct a thorough interview with you, review all of your child's records (academic, psychological, etc.), and conduct a screening of your child. All of these steps ensure the advocate knows as much about your child as possible. The advocate will want to observe your child in their school setting, possibly prior to screening your child. The advocate will then hold another meeting with you to discuss suggested next steps. The advocate will likely want to write a letter of representation to notify the school district that you have retained an advocate as your chosen representative, and schedule an IEP meeting to give the school district an opportunity to provide appropriate services for your child.

Why won't the school district provide my child with what he needs without my hiring an advocate? The ugly truth is that there actually are a couple viable reasons. First, special education is a very expensive system. It requires teachers and service providers to be credentialed in specific subject areas, different and additional instructional material, and specialized training for both special education and general education teachers. While federal funds pay for a portion of each school's special education services, the majority of funding comes from individual school sites, taking monies from the budget that could go to non-disabled students. Second, students with special needs often require more time from teachers. Unfortunately, many teachers still hold the attitude that providing appropriate instruction for students with special needs takes away time from the other students in the class. Special education is time consuming and difficult. It requires a lot of paperwork, a lot of meetings, and many teachers feel it detracts from their time with students who really want to learn. Finally, obtaining the appropriate special education services for your child requires an extensive knowledge of the law, the education system, curriculum standards, and behavioral planning. You are your child's expert. The advocate is the special education expert who combines your expertise with hers to obtain an appropriate IEP for your child.

This is all really frustrating. Is there hope? For whatever reason, schools often overlook their most valuable resource in working with children: the parents, the experts in their children. As the parent, you are not expected to know the ins and outs of the special education system. Unfortunately, schools often take advantage of that. By bringing an advocate onto the case, you let the school district know that you have an ally whose priority is to obtain the most appropriate services for your child. A good advocate will help you to determine what is most appropriate and work with you to ensure the school district is providing that support. Your advocate becomes your spokesperson, your expert, your biggest supporter in gaining appropriate services for your child. Your advocate helps you regain hope.

About the Author: Nicole C. Shelton, M.Ed., M.S., is a special education advocate providing nationwide advocacy for parents of students with special needs. She is a professional member of IECA, NATSAP and COPAA.