articles

Education Advocate or Attorney: Which Do You Need?

By Frances Shefter, Education Advocate and Attorney February 24, 2020

The world of special education can be overwhelming at times.  Lots of acronyms and new vocabulary being tossed around by the school.  What does it all mean?  Where do I go for help?  Will the school really do what is best for my child?

Both Education Advocates and Attorneys can advise you on your rights as a parent of a special needs child.  Both can attend meetings with you, file for mediation and even file Due Process Complaints.  However, there are some major and important differences.

Education Advocates often have education backgrounds and some have been special education teachers.  They may have done some trainings or have life experience that makes them an expert in the field.  They can be very helpful with reviewing Individual Education Plans (IEP) and re-writing present levels, goals and objectives as needed.  However, most do not have the legal training or knowledge for what to do when there are disagreements regarding services, accommodations or placement.  There are a lot of things that can be done and said at IEP meetings that could impact future placement decisions.  There are also a lot of nuisances in the federal and state laws that can impact the school’s decisions of whether to agree to requested services or accommodations.  Full knowledge of the laws helps to make convincing arguments to receive those services and accommodations.

Education Attorneys have the legal training and background to have thorough knowledge of the federal and state laws and are able to know the implications of certain language in the IEPs.  Attorneys can insure that the school follows the laws and provide required notices and keep to timelines.  Schools tend be more agreeable when attorneys are involved.  Attorneys do not always have the education background to assist with rewriting appropriate present levels, goals and objectives. 

The first step in deciding who is right for you is determining what your desired outcome is and has the school been agreeable so far.  If the school has been agreeable and you just want extra eyes to assist with the development of an IEP and support at the meeting, an Education Advocate can probably do the job.  If you know the school is in disagreement with your desires for YOUR child, and you are concerned that the school will not agree to services, accommodations or even placement, then an Attorney is most likely what you need.  Whichever you decide, make sure you thoroughly interview and determine whether the person can fully provide the services that you want to get your desired outcome for your child.  Remember, you are the biggest advocate for your child.  You know your child best and you are an EQUAL member of the IEP team.  


                                                    C:\Users\Francie\Documents\a DC Panel\zPanel apps\2015 application\Application picture.jpg
Frances Shefter is an Education Advocate and Attorney with her own law firm, Shefter Law, P.A.  She lives in Potomac and is the mother of two girls, one who has an IEP.  She was a regular education and special education teacher for nine years before attending law school.  She has been practicing Special Education law in Maryland and the District of Columbia for nine years.
Shefter Law, P.A.
110 N. Washington Street, Suite 350
Rockville, MD  20850
301-605-7303 -- office
301-545-6080 -- cell
866-606-8903 -- fax
website www.shefterlaw.com
fb.me/ShefterLawPA