Ok, you probably wouldn't be here if you weren't having trouble with school. So let's presume you are. How do you know who to turn to for help and when? Here's some guidelines I've recently learned.
First, lets talk about the different kinds of help.
Lay AdvocatesThese advocates are sometimes called educational advocates. Lay advocates tend to be other parents who have been in your shoes. They are very effective for helping you understand the processes, what the documents mean, and to help you at the meetings to be sure that you understand. They may know some or much about the legal rights and disability of the child. However, this knowledge varies. Some are paid, some are free.
Education AttorneysThese are the attorneys who specialize in educational law. They can provide consultative services, record reviews, and represent their clients legally in due process hearings. Some, although not often, will attend IEP meetings. Most do not do full contingency for Due Process. Parents usually must pay a negotiated fee up front. This fee will be returned in the event the case is won by the parents.
So which do you need and when?
If you are early in the process and a bit "green", a lay advocate can be a lot of help. They have been down this road in many cases. They understand how you feel. They can guide you through what to expect at your meetings. And will attend meetings to help make sure you understand what's going on.
A lay advocate will focus on helping you get the school to work with you. They sometimes can advise on letters to the school, needs, and rights. However, they do not practice law. And their understanding of the legal system may vary. Too, they may not know your child's particular disability. So it's always a good idea to search for a Lay Advocate who does.
A good rule of thumb is this. If the issue is that you need guidance or are not assertive enough to do the meetings alone, hire a lay advocate. If your issue is regarding a legal problem, such as denial of F.A.P.E. (not following the IEP, not providing an IEP, inappropriate discipline, failure to evaluate properly, etc.), discrimination, or improper restraint, seek out an attorney. Bottom line is this. If the school is, in your opinion, breaking the law, you need an attorney.
While lay advocates may be able to advise somewhat about what your child is entitled to, never forget that the school has lots of knowledge and power behind them. Never presume the school "does not know what it's doing". They do. In the situation where you feel the school is against you - you've tried to negotiate unsuccessfully, it's always a good idea to seek an attorney.
Hiring an attorney does not mean you will go to due process. But if it's a good attorney, you will get advice on what should happen next with options to pursue the issues in a way you feel comfortable with. This could mean continuing to work with the school. Or on the other hand, may mean you need to take the matter further (mediation, due process, etc.).
A great read at Wrightslaw about finding the right advocate or attorney:
Before You Retain a Lay Advocate
