IEP advocate or special education attorney?

Families usually start looking for a special education attorney when something has gone wrong. The school said no, the plan isn't being followed, or a letter arrived about a hearing or an expulsion. That's a scary place to be. An IEP advocate and an attorney can both help, but they do different jobs. I'm Karlie Libraro, an IEP and 504 advocate and speech-language pathologist. I'm not an attorney, and this page is general information, not legal advice.

What an IEP advocate does

An advocate helps you take part in the special education process as an informed caregiver. That usually means reviewing IEPs, 504 plans and evaluation reports, helping you prepare questions and requests, writing letters, and attending meetings with you. Federal rules let a parent or legal guardian invite people with knowledge or special expertise about their child to the IEP team (34 CFR 300.321), and that's often how an advocate ends up at the table.

Advocates come from a lot of different backgrounds. Some are former teachers or therapists, and some are parents who learned the system with their own children. I've spent more than ten years as a speech-language pathologist in school-based, outpatient and private practice settings, so I've sat on the school side of the table too. What an advocate can't do is give legal advice or represent you in a legal proceeding.

What a special education attorney does

A special education attorney is a licensed lawyer. An attorney can tell you how the law applies to your child's situation, represent you in due process hearings and in court, negotiate and review settlement agreements, and file formal complaints for you. Some attorneys also attend IEP meetings, especially when the relationship with the school has broken down.

School districts have attorneys too. When you search for a special education attorney near you, look for one who represents families and students.

IEP advocate vs. lawyer: the differences at a glance

When to hire a special education attorney

Talk to an attorney if any of these apply:

• You're thinking about filing for due process, or the school has filed against you.
• Your child faces a long suspension or an expulsion. When a removal changes a child's placement, IDEA requires a manifestation determination within 10 school days of the decision (34 CFR 300.530).
• The school offers a settlement or asks you to sign an agreement or release.
• You need someone to interpret what the law requires in your child's case, such as whether services are owed for time that was missed.
• The school tells you its attorney will be at the meeting.
• You want to appeal a hearing decision or file a lawsuit.

If you're not sure, that's okay. A consultation with an attorney can tell you whether you need more than that. The procedural safeguards guide explains the dispute options IDEA gives a parent or legal guardian, and the summary below is a printable version.

Attorneys' fees under IDEA

IDEA has a fee-shifting provision. In a hearing or lawsuit brought under the law, a court, in its discretion, may award reasonable attorneys' fees to a parent of a child with a disability who is the prevailing party (20 U.S.C. 1415(i)(3)(B)).

The same section limits fees in some situations. Fees can't be awarded for IEP meetings unless the meeting was convened because of an administrative proceeding or court action, and in limited cases a court can award fees against a parent's attorney. Ask any attorney you speak with how fees would work in your case.

How advocates and attorneys work together

A lot of families use both, at different times. An advocate is often the first call, when the goal is a better IEP and a working relationship with the school. If things escalate, the records you've built along the way (dated requests, meeting notes, evaluation reports, prior written notices) give an attorney a head start. Some attorneys and advocates also work on the same case together.

At a due process hearing, federal rules give a parent or legal guardian the right to be accompanied and advised by counsel and by people with special knowledge or training about children with disabilities (34 CFR 300.512). Whether a non-attorney can do more than that depends on state law, which is a question for an attorney. When I see signs that a family needs legal help, I say so, and with your permission I'll share my notes with your attorney.

Finding a special education attorney near you

COPAA, the Council of Parent Attorneys and Advocates, keeps a directory of member attorneys and advocates you can search by state. Your state's protection and advocacy agency may be able to help or point you somewhere: in Virginia that's the disAbility Law Center of Virginia, and in Illinois it's Equip for Equality.

Before you hire anyone, ask:

• Do you represent families, school districts, or both?
• How much of your practice is special education?
• How do you bill, and is the first consultation free?
• Have you handled cases like ours in this state?

I am not an attorney

I'm not an attorney, and nothing on this page or in my services is legal advice or legal representation. How the law applies depends on your child's facts and your state's rules, and both change. For legal questions, talk with a licensed attorney in your state. For help understanding the process and getting ready for meetings, see my services and prices or my pages for Virginia families and Illinois families.