It can be incredibly overwhelming to not only have a child with a disability who may require a significant amount of attention but then to realize you also have to become your child’s full time advocate. You must learn the ins and outs of each system, especially the public school system.
Overwhelming is an understatement. As a parent of a special needs child, I can relate. When you add up all the other areas of life for which children with the special needs require support, you are no longer just a parent. You must become so much more. Parents are forced to navigate the seemingly mind-boggling world of special education with its complex jargon, confusing rules and guidelines.
As an attorney, I have used my professional training to advocate for not only my child, but other children and families as well. I try to present information as coherently and simply as possible for the parents who come to me for assistance. In a system were logic does not govern, you must be informed, you must be educated and you must be as prepared as you can to advocate for your child.
I learned early on in law school that when all else fails, go back to the origins and learn the “purpose” for the rule to best know how to apply it.
Strategy can significantly empower parents to advocate effectively for their children. Even without knowing every specific code or policy, understanding the purpose behind laws that the rights of students with disabilities often clarifies the rest. The Individuals with Disabilities Education (IDEA), amended in 200434 CFR 300.1), aims to ensure that all children with disabilities receive a Free Appropriate Public Education (FAPE) that focuses on special education and related services tailored to their unique needs, preparing them for further education, employment, and independent living. Through my experience conducting parent workshops, I discovered that merely reciting the law is not the most effective way to educate parents. Why would parents need someone to read the law to them when they can do so themselves? While understanding the rules and laws in special education is crucial, it doesn’t always ensure that your child receives the necessary support. True advocacy comes from being prepared to engage with the school district and recognizing that you an equal member of your child’s IEP team. You should approach IEP meetings with confidence in your knowledge of the process, rather than feeling overwhelmed. This knowledge stems from strategies that foster teamwork while protecting your child's rights. Understanding both law and the typical process is empowering. Even seasoned legal professionals may take years to grasp the complexities of special education law (the IDEA). Honestly, when I first began advocating for my special needs son, I didn’t fully comprehend the relevant laws. However, at those initial meetings I realized the importance of understanding the law's intent. When I what I believed to be a straightforward solution to my child's needs and was told that the school lacked the necessary program or service, I recalled the crucial section of the IDEA and questioned, “I thought we were supposed to address my child's unique needs?” Trust your instincts: as a parent, you are the expert on your child’s unique needs. Sincerely,
, Esq.
A NOTE TO FAMILIES
OF STUDENTS WITH DISABILITIES