Advocates and Lawyers for IEP and School Support: What's the Difference?

When navigating the educational landscape for a child with special needs, parents and guardians often encounter terms like 'advocate' and 'lawyer.' Both roles are crucial in helping families secure appropriate services and support for their child, but they serve distinct functions. This blog post outlines the key differences between an advocate and a lawyer in relation to a child's Individualized Education Program (IEP).

‍

1. Primary Role and Purpose:

Advocate:

• Support: Advocates primarily support families by guiding them through the special education process.
• Knowledge Base: They are well-versed in special education laws and regulations but do not have the legal authority to represent families in court.
• Bridge the Gap: Advocates help bridge the communication gap between parents and schools, ensuring that the child's best interests are considered.

Lawyer:

• Legal Representation: Lawyers represent families in legal matters and have the authority to act on their behalf in legal settings.
• Expertise in Law: While they have an in-depth understanding of special education laws, they are also equipped to handle the nuances of legal proceedings, negotiations, and disputes.
• Legal Action: Should disputes arise that can't be resolved through meetings or mediation, a lawyer can pursue legal action.

2. Training and Credentials:

Advocate:

• Advocates may come from various backgrounds, including education, psychology, and counseling.
• Some advocates hold certifications from advocacy training programs, while others have gained experience through personal involvement (e.g., as a parent of a child with special needs).

Lawyer:

• Lawyers must complete law school and pass the bar examination to practice law.
• Some lawyers specialize in education law or special education law, offering them specific expertise in these areas.

3. Engagement Costs:

Advocate:

• Hiring an advocate is generally less expensive than hiring a lawyer.
• Some advocacy services may even be offered for free or at a reduced cost through non-profit organizations.

Lawyer:

• Legal representation can be more costly, given the extensive training and expertise lawyers bring to the table.
• Some lawyers might work on a contingency basis or offer sliding scale fees depending on the case.

4. Approach and Strategy:

Advocate:

• Collaborative: Advocates often work towards fostering collaboration between parents and the school.
• Focus on Mediation: They aim to mediate and find mutually agreeable solutions without escalating to legal disputes.

Lawyer:

• Legal Approach: Lawyers are prepared to take legal action if necessary and will approach situations from a legal standpoint.
• Protection of Rights: They ensure the child's and family's rights are upheld under the law.

5. Scope of Service:

Advocate:

• IEP Meetings: Advocates attend IEP meetings, offering guidance and support.
• Resource Sharing: They provide families with resources, tools, and strategies.

Lawyer:

• Legal Counsel: Lawyers provide legal advice and counsel.
• Court Proceedings: They handle litigations, mediations, and hearings.

Conclusion:

While both advocates and lawyers play integral roles in the IEP process, their functions differ. An advocate offers support, guidance, and works to mediate disagreements, whereas a lawyer provides legal representation, counsel, and can pursue legal action. Depending on a family's needs, they might choose to engage with one or both of these professionals to ensure their child's educational rights are upheld.

‍

‍