Decoding the Prerequisites for Becoming a Special Education Advocate

Examining the Role of a Special Education Advocate

A special education advocate is a professional who assists parties in navigating the maze of requirements and obstacles that can beset a child with a disability trying to get an education. A special education advocate can be a lawyer, but does not have to be. In fact, in most states, a special education advocate does not require a license to practice. A special education advocate isn’t always an attorney because the skills needed to be a good advocate, while often legal in nature, aren’t always requiring a high level of formal education or training. A lot of what a special education advocate does for a client is not difficult, except to accomplish it in a system that is not necessarily set up to help a person with a disability. To say otherwise would be untrue. Sometimes , a special education advocate is just some one who helps parents or guardians of kids with disabilities to understand the special education process, including the accommodations these children are entitled to in the educational system and the resources they have available through the schools. Other times, a special education advocate may be enlisted to assist in the drafting of documents such as IEPs (Individualized Educational Programs), to facilitate IEP meetings and the development of 504 plans, or to mediate or resolve issues involving school safety, unless they require the intervention of the courts. Many of these functional tasks don’t require formal training and are overseen by the parent, guardian, or child with a disability, under the advice of the advocate. Other times, an advocate may formally attend such meetings and do the work in the place of the parent and child.

Academic and Certification Pathways

Many questions arise concerning the requirements that must be completed in order to become a special education advocate. The person called to this line of work needs to be educated about the field on a practical level. Many of these people have had the experience of advocating for their own children or the child of a family member or close friend.
While anyone can learn the laws and regulations, the special education advocate must have a feel for how the law is applied in different situations and more important the ability to read each situation and help with the strategy of getting from point A to point B. A person doesn’t necessarily need to have a degree in special education in order to be an advocate but it doesn’t hurt either. There are many courses out there that teach parents or other people about special education and special education advocacy that can be taken online or in the classroom. In addition to all of this, there are also training courses provided by national organizations and other private groups.
Some people desire more formal education in the area of special education or advocacy and go back to school to obtain a master’s degree, such as an M.A in special education or a certification as a special education advocate which is offered through some of the national organizations. Whether these degrees or certificates are necessary depends on the individual and many of the organizations and schools offering the programs will advise the person on this.
Certifications are not consistent from state to state. The federal law, IDEA, does not require advocates to be certified or licensed although a few states have begun to set their own guidelines. But it is a good idea to get involved with any of the national organizations which provide support and education to the special education advocate.

Essential Attributes and Expertise

Key Skills and Competencies to Become a Special Education Advocate
A critical skill is to have clear and concise communication. Parents appreciate, and rely upon, our ability to listen carefully and gather as much information as possible to understand their concerns and issues. We must be able to quickly and automatically know where the law or regulations apply to a situation and give appropriate advice. Parents are relying upon you as an advocate.
The ability to have a quick turnaround in meeting deadlines is essential. With schools it is important that we understand all timelines.
Knowledge of the federal laws behind special education is a large component of our job. It is also important, at times, to know about other legal areas such as discrimination, civil rights and, unfortunately, sometimes criminal matters.
Our ability to negotiate effectively may be one of our most important tools. Understanding how the school system functions is essential to an advocate’s ability to assist. Having good writing skills is also important to negotiating with the school system and for preparing correspondence and reports.
An important part of our job is understanding and explaining tests and evaluations. Hopefully, an advocate has strong advocacy skills, the ability to get information in a timely manner and be able to work well with attorneys.
An advocate should participate in and keep current with training and certifications, continuing education and professional development. Learning never stops!

Legal and Professional Conduct

Public and private entities that use special education advocates to assist students and parents in understanding their rights under the IDEA and help them negotiate their way through processes such as IEP and 504 plans must take care not to run afoul of state law or federal law. Depending on the state in which an advocate practices, it may be necessary for the advocate to register with the state as a professional in a particular field. State law increasingly regulates those who represent individuals and families in certain professional areas. When advocating for parents and students before an IEP team or administrative law judge, advocates should consider the rules governing the practice of law in their jurisdiction, including whether the advocate is engaging in the unauthorized practice of law.
State bar committees are also currently engaged in discussion regarding the role that non-attorney advocates may play in the public education sector. For many years, state bar committees have been discussing and debating the appropriateness of non-attorney representation – including lawyers representing clients without a reasonable expectation of obtaining a fee (also known as "pro bono" representation) – in administrative proceedings.
State bar associations have come to different conclusions regarding whether non-attorney advocates may represent parties at administrative hearings that adjudicate special education and disability issues. For example, the Virginia State Bar Association’s Standing Committee on Lawyer Advertising and Solicitation released an opinion in March 2008 stating that non-attorney advocates who assist parents and evaluate children with disabilities might be violating the Virginia Rules of Professional Conduct when they refer cases to attorneys who then appear at due process hearings on behalf of clients. However, the Pennsylvania Bar Association issued an opinion in May 2006 that no special rules of conduct apply to a lawyer who advocates on behalf of an individual with disabilities in an administrative or judicial proceeding, as long as the participation does not involve the "unauthorized practice of law" and the lawyer is not paid a fee for the representation.

Obtaining Experience as a Specialist in Education Advocacy

When it comes to becoming a special education advocate, nothing can compare to the value of experience. Hands-on, real-world experience will help you from making the kinds of mistakes often encountered by those new to the field.
Volunteering or interning are the best ways to obtain the experience you need to become the kind of advocate parents seek out when they want to take their time and energy to help their child.
Special Education Advocates
While there are many ways to volunteer your time and effort as an advocate, the best place to get your foot in the door is by volunteering with the parent advocate groups or organizations in your area. Almost all areas accommodating children with special needs have parent advocate groups that rely on volunteers to accomplish their mission.
Find these groups online or call your school district to find out what groups are available in your area. Like most non-profit organizations, they receive most of their funding through charitable contributions and grants. Even though they are non-profit, this does not mean they have an abundance of funding to provide for an onsite coordinator.
If you have experience handling student records, meetings, and more, you can definitely be a huge asset to an experienced advocate group. The same is true if you have experience handling the special needs of students. Providing the hours of work to help organize parent records, reach out to schools and parents in need of assistance, and more can give you valuable experience advocating for children.
Non-Profit Organizations
Look within your community for non-profit organizations that assist children with special needs . Many offer free resources to parents in need, and volunteer advocates to help parent understand these resources and how to access them.
Again, these groups often lack funding and may rely on volunteers with knowledge of the special education system within the school district.
The least hands-on positions available is to volunteer with a non-profit that provides training and resources to parents. Providing your time to handle grassroots outreach for these organizations can give you experience communicating with parents voicing their concerns.
School Groups
Many parents within the school system create parent teacher associations or similar groups that assist teachers and administrators, consider volunteering with these groups to become familiar with special education students and issues at the school level.
Data Collection and Analysis
Another way to gain valuable hands-on experience is to help a non-profit group or school create surveys to help parents provide valuable feedback on any number of topics. This may include data collecting or even data entry for an organization. If you have experience with statistics, this could be a great way to help others while gaining experience yourself.
Grant Writing
If you have experience with grant writing and non-profits, offering your time to a non-profit that provides resources to children with special needs can be a great way to gain experience as an advocate, while helping the organization secure the funds they need to operate.
Internship
Internships are not always available to new advocates, but one of the best ways you can secure an internship is by working with the groups discussed above. While securing an internship at an organization is ideal, gaining the experience by volunteering is just as valuable and helpful.

State-Specific Regulations

In addition to the federal framework of regulations, each state also has independent requirements for anyone who wants to act as a special education advocate. These laws can vary quite a bit from state to state.
For example, a few states have little or no statewide requirements. Other states are more restrictive. For example, advocates in a few states need to be attorneys, and others intend to pass their own state licensure requirements in the next few years.
Even while states’ regulations differ, most still need advocates for students with disabilities. Understanding and complying with these specific requirements when they exist is extremely important.
Advocates who do not follow the law and are not acting in the best interests of students with disabilities can face severe penalties. These can include ethical sanctions from the state bar (if they are attorneys), civil liability, and even criminal charges.
By taking the time to understand and follow any state-specific requirements and regulations, advocates will increase their chances of being successful in securing educational benefits for their clients.

Continuing Education and Resources

Even if you don’t choose formal certification programs there are many other opportunities for training and continuing education. The Council of Parent Attorneys and Advocates (COPAA) provides continuing education webinars on pertinent topics throughout the year. You will need to be a member to take advantage of these webinars. You can join as a member free of charge with "advocate" status for online trainings. www.copaa.org
Another site that has great free resources is Wrightslaw. They periodically run free webinars and you can look up case law and articles on special education law at the site www.wrightslaw.com.
Another good site that has information on a variety of supports for parents and advocates is www.copaa.org. COPAA also has a Virtual Institute. Members receive discounts on the Institutes and access to downloads of the presentations.
COPAA is also advancing the goal of increasing the number of qualified special education advocates through its Certified Educational Planner approach. There are two tiers of qualifications – Associate and Advanced – and they will be available in 2012. While you won’t necessarily need to be certified by COPAA , its efforts to require training and continuing education and to raise the standards of the profession will promote the idea that there is value in hiring someone who has undergone training and certification if possible.