Know When to Advocate - When Providers Refuse an Important and Necessary Request for Special Education or Related Services
Parents should ask for specific reasons the request is being denied. Make notes of the reasons, and consider whether they are valid. Reflect on their responses as self-critically as you can.
Consider the Importance of the Issue
- Is this a want or a need?
- Will I (or my child) still meet learning goals without this item or service, although it may take longer or may not be the method I would prefer?
- Is my request based on sound research?
- Is there a possibility that the item or service could be ineffective or harmful?
- Is this item or service experimental or not a mainstream method?
- Is my request reasonable?
If, after reflecting on the provider's position, you decide your request is valid and necessary, explain your rationale to the provider. If the provider still denies your request, you may want to consider the services of an advocate.
Who can be a special education advocate, and where can I find one?
Advocates come from all walks of life and various professions. There is no formal license or certification for advocates, and many have learned from their own experiences. You can find advocates through:
- Your state's department of education;
- An area mental health agency or local health department;
- Non-profit organizations serving people with disabilities;
- Your social worker; or
- By referral from other parents of children with disabilities.
What should I look for in a disability advocate? How to Tell if a Special Education Advocate is Right for You
- Look for advocates with experience in your particular disability area. If this is not available, find someone who has a good track record of successful negotiations in your area of concern, such as with schools or medical service providers.
- Ask for references from people who were satisfied with the advocate's services AND from those who were not satisfied if possible. Ask the references about the advocate's level of knowledge, professionalism, and effectiveness. From those who were not satisfied with the outcome, ask why there was a problem resolving their case. Listen carefully to their comments.
- It is best if your advocate has specific experience in your area of concern, in working with your state's government offices, and within your own country.
- If your advocate is formally educated in special education laws, this can be helpful.
- Consider how the advocate treats you. Look for someone who will be honest with you and not just tell you what he thinks you want to hear.
- Look for an advocate who is supportive and realistic about what she can do for you.
- Ask about fees, and have the advocate write out exactly what services you will get for those fees. Many advocates are available at no cost to you. When fees are involved, be especially careful. Unfortunately there are unethical advocates who would prey upon your misfortune. Trust your instincts. If you do not feel comfortable with the advocate, look elsewhere.
Beware of disability advocates who:
- Make promises that seem too good to be true;
- Make you feel as if they are the only ones who can help you;
- Promise to win money or help you get rich;
- Seem overly dramatic;
- Drag out the process or charge you despite little progress in your case;
- Seem to make you more fearful or increase your anxiety;
- Make overly critical or slanderous remarks about school staff;
- Claims to have "inside knowledge" that can ensure you the results you want.
- Waste your or your provider's time with scare tactics, harassment, and game-playing; and
- Act without telling you or asking your permission.
What is the best negotiating style for advocates for learning disabled students?
Advocates' styles may vary a great deal, and only you can decide if you are comfortable with that style. Some advocates are calm, but effective negotiators who win your cause by presenting your request with solid data to support it. Others are highly aggressive and may attempt to intimidate to get the matter resolved to your preferences.
Whatever approach is used, it is important for you to ensure that:
- Your request is appropriate and reasonable;
- The advocate does not destroy any hope of your working with the school district or provider in the future. Good advocates should not make you dependent on them for life.
- You have solid data to support your request, such as recommendations from physicians, information on the effectiveness of the request you are making, assessment data or other supporting information that clearly shows why the service or item is needed;
- You know, ahead of time, whether you could or would compromise if appropriate; and
- You know what the likely objections to your request will be and what your response to those objections will be.
