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The advantages and disadvantages of using a lay advocate for a due process hearing

by Andrew Cuddy, author of
The Special Education Battlefield

Parents of a special needs child may find it difficult to obtain both the educational opportunities and special support their child needs to thrive academically and personally. If parents of a special needs child encounter difficulties with a school district, they may need to participate in a due process hearing between themselves and administrators from the school district in order to ensure that their child is receiving the education and attention that he or she deserves. Parents have two choices when seeking advice in preparing for and representation at a due process hearing. One option is to hire an attorney who specializes in special education law. Another option is to use a lay advocate — someone who is able to advocate on behalf of the parents and the child, but who does not have a formal law education.

A lay advocate can be anyone — the term advocate is not regulated, and parents need to understand the limits of a lay advocate’s abilities and qualifications, as well as the potential benefits to hiring an advocate instead of a lawyer. An advocate may themselves be the parent of a special needs child, and would be able to address those unique needs very well. However, an advocate may have a personal agenda that prioritizes the advocate’s position over the needs of the parents and their child. Because their judgment may be clouded by a previous negative experience with the school district, the advocate may not be able to provide a neutral perspective on the case.

Parents need to have the tools to be able to choose an advocate wisely. Some things to look for include the advocate’s training and background, their previous experience with due process hearings, and whether or not they know a special education lawyer who may be able to consult with them on issues that arise during the hearing. People who have experience with lay advocates and their ability to represent parents at due process hearings should consider writing and publishing a book aimed at parents with special needs children.