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| Home > Before You Retain a Lay Advocate, by Jennifer L. Bollero, Esq. |
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Before You Retain a Lay Advocate, by Jennifer L. Bollero, Esq. Before you hire a lay advocate, make sure the advocate is: Properly trained in special education law To date there is no regulatory framework to assess the competency for a lay, non-attorney advocate in special education. There is no uniform test or certification for these advocates, and they differ widely in their capabilities and experience. Thus, a smart parent consumer will verify that these advocates have taken formal training in the rules and regulations of special education, via workshops, university programs, or other training. Experienced in Special Education matters Parents
should ask lay advocates for a summary of their practical experience
in special education matters. It is essential that every advocate be able to answer this last question clearly. Every IEP dispute can become legally complex quickly. Good lay advocates have attorneys whom they can recommend (and hopefully with whom they have worked before) to a client if necessary. All lay advocates should be clear in their own mind when their job has transformed from one of accompanying a parent through the predictable maze of special education to actually giving legal advice about what to do next. The latter is, by law, the province of the attorney. A good lay advocate will be very careful about making an actual legal judgment or recommendation to a client without first checking with an attorney. Professional in Demeanor Lay advocates who represent parents often come to the job, as do special education attorneys, because they have children with special needs. Attorneys and lay advocates who are themselves parents of special needs children need to separate their own experiences from those of their clients. By that, I mean they must keep foremost in their minds the child at hand, not their own child. This is especially true if the experience the advocate had with his or her own child was negative. In my role as a mediator I have seen lay advocates who are as professional as attorneys. I have also seen many who are not. An unprofessional advocate will do more harm than good. Well Supported at the Office Like attorneys, lay advocates should have reliable communication with their clients by phone and email. They should also give regular status reports to their clients and be able to manage the research and meeting demands of the cases. Clients should feel that the lay advocate gave them sufficient time and attention, and explained the proceedings clearly. Although lay advocates do not have a recognized legal privilege, they should keep all confidences and should not discuss the case in any place where they could be overheard. Sensitive to the Needs of the Child at Hand The lay advocate must be able to reconcile the remedy to the needs of the child at hand. That is, the advocate must have a firm grasp of the distinguishing facts of the case as opposed to the facts of other, similar cases the advocate may have handled. Parents should believe that the advocate has tailored the remedy to the unique needs of their child, and not just attempted a remedy that is typical for children with a similar disability, or even another client with a similar disability. Sensitive to the need of the client to make the final decision Like an attorney, the advocate must offer options to the client with which the client can live. Similarly, the advocate must accept the client’s decision with regard to the many options available, and not interject too much the advocate’s own preference for one remedy or course of action over another. About the Author Jennifer Bollero is an attorney in private practice in St. Charles, Illinois where she lives with her husband, Mike and two children, Amanda (who has autism) and Ben (who is not disabled). Her practice focuses on the needs of families with special needs children, especially those who need help securing appropriate educational interventions for those children. Her experience includes commercial litigation and trial experience, mediation, arbitration and some general practice. Ms. Bollero has written other articles about special education advocacy, including Play Hearts, Not Poker in the Fall 2001 issue of The Beacon. Ms. Bollero graduated with a Bachelor of Arts from Northwestern University in 1985 and her Juris Doctor from Loyola University of Chicago Law School of Law in 1988. She has been admitted to the State Bar of Illinois and the Federal Bar for the Northern District of Illinois since 1988. She externed for the Hon. Judge Aspen and for the American Civil Liberties Union. Ms. Bollero is on the board of directors for two nonprofit organizations: the Kane-Kendall Services Coordinators (a point of entry organization for all persons with developmental disabilities in Kane and Kendall Counties in Illinois) and the Autism Society of Illinois. She is firmly committed to respecting the unique qualities of all disabled children, while encouraging all who raise and teach them to give them every opportunity to secure the skills and knowledge they will need in life. Contact
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