Educational Advocate

We’ve put together a list of our most asked questions. Don’t see your Question. Contact Us and we’ll be happy to provide a precise answer.

Is my child entitled to special education services during the COVID-19 Pandemic?

Yes, under Special Education Laws and your Child’s Rights, the school has to provide special education instruction during the COVID-19 pandemic, in which exacerbates existing inequities in our public health, judicial, and educational systems. During this global public health crisis, vulnerable children and families face many barriers to appropriate services. With national extended school closures due to COVID-19, children who receive special education accommodations may fail to receive not only their education but also other therapeutic services. Lawyers and Advocates  must advocate for the most vulnerable members of our society and balance the scales.

How can I find an Advocate, Attorney, or Educational Consultant?

A few suggestions are:

• Contact your State Parent Training Information Center https://www.parentcenterhub.org/find-your-center/
• Ask Parents for suggestions
• Contact your Legal and Advocacy Resources. If you have a dispute with the school about your child's special education program, you may decide to consult with a special education attorney or advocate who is familiar with the law

What is a Special Education Advocate ?

Special Education Advocate:

Is an advocate that can:

• Negotiate with the school on your behalf
• Facilitate IEP, conference or other meetings with the school, including mediation
• Advise you on educational services and supports
• Recommend specialists, related service providers, evaluators and school districts
• Assist you in writing letters to the school or your school district
• Review your child’s IEP or 504 Plan
• Educate and give you information about the law
• Represent you in a due process or impartial hearings (allowed in only some states)

What does an Attorney in Special Education do?

Attorney:

An attorney can:

• Negotiate with the school on your behalf
• Give you legal advice about your child’s rights
• Review your child’s IEP or 504 plan from a legal perspective
• Write letters to the school on your behalf
• Prepare legal complaints and documents
• Represent you in a mediation, due process or hearing
• Represent you in a lawsuit in state or federal court

Special Education Advocate:

Advocates are often former teachers, parents of special needs children  or education specialists. They may have expertise in areas like:

• Teaching methods
• Specific learning and attention issues, or other disabilities
• Behavior strategies
• Evaluations
• Mediating disputes
• Impartial hearing
• Knowlege of reading and understanding test scores
• Knowledge of programs in different private and public schools
• Assistive Technology
• Special education law

Attorney:

Attorneys may also be former teachers and specialists. But more often, they aren’t.

Even if they are, attorneys may be reluctant to offer specific advice in non-legal areas, like teaching methods.

Special Education law is very complex. Not every lawyer has specific experience with this area of law, but some specialize on it.

Special education advocates and attorneys can assist your child in different ways. Understanding the differences is essential as you try to get the help your child needs. Attorneys usually cost much more than Advocates.

What information do I need in order to get assistance for advocacy services before contacting an attorney or advocate? 

• Your child’s last IEP (Individualized education program), if any.
• Your child’s last report card.
• Progress Reports and all recent evaluations 
• Correspondence with your child’s school and/or teachers

What should I do if I encounter a teacher diagnosing my child with ADD or any other classification?

Teachers can not give a diagnosis of a student because they are not Doctors. Consult with an Advocate or Attorney who is knowledgeable about special education issues. Talk with your child's pediatrician, psychiatrist or psychologist right away or get your child evaluated to determine if there are any learning issues. Learn about your parental rights and responsibilities. Learn how to be an effective Advocate for your child. Educate yourself about Special Education issues.

What test should I request for my child to be evaluated?

I am an Advocate, not a psychologist, therefore I do not advise parents to ask their child's evaluator to use specific test.

You should select an evaluator who is knowledgeable about your child's disability and learning differences. Your evaluator should have expertise about a variety of tests and learning tools to better select the appropriate test your child needs. Every child is different and has different learning abilities. 

Can the school expel my child who has ADHD or LD?

Yes, they can do this if you, the child's parent/s don't know his/her right or your rights or don't know how to assert your rights. If the school has not evaluated your child or found he/she eligible for special education, it's unlikely that you know your rights, and need to seek an Advocate right away.

Are you considering homeschooling your child?

 You can definitely do so but need to abide by the laws in your state. As you get started, it’s important to make sure you comply with the education laws where you live and follow step by step regulations. If you are a parent of a child who has special needs or accommodations and require additional support on your IEP, NY Advocates 4 Kids can assist you in the required steps to fulfill your child’s needs while homeschooling. 

Are homeschool parents mandated  to vaccinate their child/children?

New York Public Health Law § 2164 states that every parent shall immunize their child against “poliomyelitis, mumps, measles, diphtheria,etc. However, homeschool parents are not required to demonstrate proof of these vaccines in order to educate their children.

Is my homeschooler entitled to related services paid for by the department of education?

Yes, under IDEA, 504, Civil Rights Laws, children that are homeschooled have these Rights by Law.  

The Every Student Succeeds Act (ESSA) is a US law passed in December 2015 that governs the United States K–12 public education policy.[1] The law replaced its predecessor, the No Child Left Behind Act (NCLB), and modified but did not eliminate provisions relating to the periodic standardized tests given to students.[2][3] Like the No Child Left Behind Act, ESSA is a reauthorization of the 1965 Elementary and Secondary Education Act, which established the federal government's expanded role in public education.