A guest post from Amy Eisner, MA, Education Advocate

In my 20+ years of being both a Special Education Teacher and an Advocate for parents who have children with Special Needs, it frustrates me that only the privileged, who can afford an Educational Attorney, are allowed to have an Impartial Special Education Due Process Hearing.  What about all of those parents who need help, want a Due Process Hearing, but can’t afford one?  Are their children any less important?  Aren’t they entitled to the same privileges as the wealthy?  Apparently not!  Senator Chris Dodd (D) recently addressed this very same issue last year.  The Individuals with Disability Education Act (IDEA) has been around since 1975.   It was designed to include children with disabilities would be in the mainstream population, rather than in a self-contained one.  This law is commonly referred to the least restrictive environment. (LRE)   Why aren’t the Due Process Laws covered in IDEA affording these services to parents who simply can’t afford an Attorney?

If an Advocate is allowed to handle a Mediation Hearing, which is a less formal kind of “Due Process” then why can’t we do the Due Process Hearings too?  I have come across so many parents who need this service, but are not allowed to have due to economical factors! If this law was designed to give all children a Free and Appropriate Education, then why is a due process hearing available only if you can

Produce a retainer fee of numerous thousands of dollars!

Parents are allowed represent themselves in a Due Process Hearing, having no knowledge in Special Education Law.  Then why are not allowed to be represented by an advocate who has more knowledge than they do.  Wouldn’t some help be better than no help?   It is true that the old saying “you get what you pay for” has meaning here.  It is inherently understood that an advocate is not an attorney!  Why can’t the average family choose to buy some comfort and support for the hearing?

Why can’t they enjoy the same privileges of our upper echelon in our society?  Doesn’t having a lawyer represent you provide you with comfort and support, in addition to his degree?  I know there are a few attorney’s who do this pro-bono, but there is a long line for one of these, and a series of hoops to jump through.  It always comes back to the almighty dollar doesn’t it? These are defenseless children, who have parents trying to help them.  Does it have to be all or nothing?

I understand the reasoning of that it is a legal hearing, so having an advocate to represent a family verses an attorney representing a family is not comparable!  Wouldn’t a family with slim to know knowledge of the law be better off with an advocate, rather than being forced to represent them-selves?

Attorney’s fees range somewhere between 3-15 thousand dollars.  Advocates fees would range approximately 1-3 thousand.  That makes a huge difference to a struggling family!  Additionally, if the district can reimburse attorneys fees, then why can’t the same rule apply to advocates? As a society, many people are using A.P.R.N.’s instead of a Doctor, because it is more affordable.  Where is the quid pro quo here?

According to the dictionary Parity is defined as: “Equality of rank, pay, etc., close or exact analogy or equivalence, finance.  Does this sound like parity for the families who cannot afford an attorney?

Is this a punishment for the struggling family?  Is a due process hearing only available to the elite truly parity?

Respectfully,

Amy Eisner, MA www.help4specialeducation.com