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What You Need to Know About Disability Advocacy - Advocacy in Schools

From Ann Logsdon,
Your Guide to Learning Disabilities.
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What Does Disability Advocacy in Special Education Involve?

What is disability advocacy? How can advocacy benefit students with disabilities? Advocacy is supporting a student with a learning disability by helping them get the supports and services they need from a school district, medical provider, therapy provider, college or vocational school, or other service agency.

When is advocacy necessary for students with disabilities?

Advocacy becomes necessary when there is a conflict between a person with a disability and a service provider that cannot be resolved. Usually, advocacy occurs when the person with a disability needs instruction, a service, an adaptation, equipment, or an accommodation, that the service provider does not want to provide.

Conflicts arise when schools do not want to include items the parent wants on the child's Individual Education Program (IEP). In many cases, the conflicts are over instruction, but most often, the parties disagree over "related services." Related services are those additional supports beyond regular instruction that help students achieve their IEP goals. Related services may include speech, occupational, or physical therapy, or other type of service.

Why would schools or other service providers refuse to provide services for students with disabilities?

There may be many reasons why a provider does not want to accommodate the individual's request. For example, the provider may believe:

  • The request is a want, rather than an actual need;
  • The requested item or service will not be effective;
  • They are already meeting the minimum legal and ethical requirements to serve the individual and see the request as more than is required. Legal standards require schools to provide a Free Appropriate Pubic Education (FAPE). Consequently, the legal focus is on "appropriate" and not necessarily the "best" services available. "We gave you an economy car, and we don't have to give you a luxury car," is the provider's rationale;
  • The request is not related to its obligations. For example, the school district may believe the requested item or service does not address an educational need. A medical insurer may believe the requested service is educational rather than medical and will expect the school district to provide it;
  • The need can be addressed less expensively;
  • The requested item or service is not compatible with systems already in place or it is an unnecessary duplication; or
  • The request is inappropriate.
The reasons listed above can be valid. If the agency is correct, it may legitimately refuse requests for these reasons. In some cases, however, the provider may be misinformed about the item or service and may not fully understand the individual's disability. Further, their reasons for rejection may be based on flawed assumptions, and they may not understand their legal obligations.
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