What is an Education Advocate or Non Attorney Advocate?
Advocates are not attorneys – and they don’t (or shouldn’t) ever play one. This is why I introduce myself not as an “education advocate” but as a “non attorney advocate” – this makes it always clear what my role is. I am always happy to answer any questions about my advocacy experience and training. I invested and continue to invest heavily in that training because I have learned in this work that the quality training I have had serves my client very well.
A trained and experienced advocate will tell you when you need an attorney and make it clear that they are not one. Advocates in CA should not be representing clients in Due Process, negotiating settlement agreements or anything that falls within the territory of practicing law without a law license. Highly trained and qualified advocates have solid relationships with attorney colleagues and refer clients to when situations arise for parents that require the skill and qualifications of an attorney. There are a few states that allow an advocates to represent clients in Due Process hearings and if you live in one of those states and have a Due Process hearing with an advocate, make sure they are highly and appropriately trained. How will you know if they are trained? Don’t worry, we are going to talk about that too.
What an advocate is: an advocate’s role is to support and guide a parent/guardians through the public education and IEP/504 processes with the goal to ensure the parent/guardian is able to make informed educational decisions for their child. Advocates ensure the parent is an equal team member in the IEP and 504 Plan meetings and that their rights are held up at all times. Advocates, while not attorneys, need to be knowledgeable about the IDEA and their state regulations at all times, and they should ALWAYS participate in ongoing training. No one knows everything and we should always be committed to continued education and training. Advocates at all times show up professionally but assertively centering our clients voices as the expert on their child in all spaces and meetings.
Advocates often have specialties: many education advocates work only within the confines of Special Education, and that is a BIG job in and of itself. When interviewing advocates ask them if they have specialties or additional training and experience with specific disabilities and look for an advocate who has the skills you need.
Strategic Education Advocacy provides advocacy services for families of students in a variety of protected classes such as disability, race and ethnicity and LGBTQ students and all who intersect within those identities. Our mission is centered in equity and intersectionality because we know that if one part of a child’s identity is denied the right to exist as their authentic self in school, then they are not able to access their FAPE. SEA is trained and experienced in the IDEA, ADA, Section 504, Title VI and Title IX as well as supporting immigrant families who have disabled children.
Advocate Training and Why it Matters:
While there is no mandated certification for education advocacy, training matters a lot! When hiring an advocate, always ask them about their training and what type of ongoing education they participate in. Ask about any organizations they have membership with as well. Strategic Education Advocacy are COPAA trained and have participated in WrightsLaw trainings, as well as numerous workshops and training in specialty areas and we continue with our training year after year. In fact, Celeste Winders is a trainer in workshops at the annual COPAA Conference and now provides training for other advocates. That doesn’t mean though that Celeste is done learning. No way. Celeste also continues her own training through COPAA every chance she gets.
It is not enough for an advocate to determine themselves fully qualified if they have not had advocacy specific training. Experience in public education as a service provider or educator is great, but it is not enough. Advocacy is not only about having experience with and understanding disability, it also requires trained skills understanding federal and state codes and understanding HOW to advocate effectively.
There is a wide variety of advocates with unique and specialized training, so know that not all advocates are the same. We each have a variety of specialties and many have advanced skills and knowledge in specific areas. Remember, you are hiring an advocate and it is important to interview any advocate you are considering hiring and make sure they are a good fit and can meet your advocacy needs. Don’t be afraid to ask questions, a good advocate should always be comfortable answering any questions you may have about their training, skills and experience.
When you interview an advocate ask specific questions like:
- Where did you receive your training? COPAA? If so, did you complete the SEAT training? Beginner and SEAT 2.0? Wrightslaw? If so which trainings?
- What ongoing training do you participate in?
- Do you have a specialty or specialties? If so, what training did you receive and experience your possess that increased your specialty knowledge to a level of expertise?
Advocates should always be able to answer these questions with ease or have the answers to these questions on their website. You can read all about my training and experience on my Meet The Advocate page and I am also happy to answer any questions you may have about my qualifications.
Advocates Should NOT:
- Advocates are not attorneys and should never claim to represent parents or children.
- Advocates do not and should not exercise decision making. That ALWAYS belong exclusively to the parent/guardian.
- Advocates should never ask nor require Power of Attorney rights.
- Advocates should not represent in Due Process in any state that does not allow advocate Due Process representation (such as CA).
- Advocates should not advise parents/guardians on what decisions to make. Instead advocates should provide all necessary information and answer questions to support parents/guardians in making informed educational decisions.
- Advocates should not discuss decisions with districts or school without parents being included or without explicit permission from parents to discuss a specific issue with schools and administrators. This includes emails, parents/guardians should always be copied in all email communications.
- Advocates should NEVER break confidentiality – it is important to note however, that advocates do not possess privilege with clients like attorneys do. If compelled by a legal order advocates would have to testify or provide documents in their possession. Outside of a court order though, advocates should maintain confidentiality with clients.
- Keep records after the discontinuation of services. All records should be given to the parents/guardians or destroyed.
Last but not least: your advocate should help you feel supported and empowered and heard. As advocates, our goal is to elevate the voices of families and empower parents/guardians to make decisions in a fully informed manner. Your voice and the voice of your student matters always.
