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Advocate and Achieve: Securing Your Child’s Educational Rights - Part 2

Ali Katz


Continuing from Part 1's exploration of key educational laws and practical applications (if you missed it, go check it out now!), here in Part 2 we’ll discuss how to foster productive partnerships with educators, as well as utilizing community resources and natural supports to bolster your understanding and application of educational rights. Additionally, we address how to navigate and resolve disputes constructively, including how to escalate to formal legal proceedings if necessary. Finally, we’ll emphasize the importance of staying current with educational policies to enhance your advocacy skills and how a trusted advisor can support you and your child. 

As a recap of our last article, know that it’s important to prepare for your child’s Individualized Education Program (IEP) meetings and make regular contact with your child’s teachers. Here are 5 more steps to advocate for your child as you navigate their educational journey.


Build Collaborative Relationships With Educators

Advocacy is more impactful when you establish a partnership with your child’s educators. Show your commitment by actively participating in school events and by requesting regular update meetings, not just during scheduled parent-teacher conferences. When engaging with educators, always approach discussions with empathy and an open mind. Consider their professional constraints and workload, and express appreciation for their efforts. Offer your support where feasible, perhaps by assisting in classroom activities or events, which can lead to more positive and supportive interactions. This mutual respect and understanding can significantly enhance your child’s educational experience.


Use Community and Natural Resources

Take advantage of the resources available in your community to bolster your advocacy efforts. Local parent resource centers often provide seminars, informational material, and one-on-one counseling to help you understand educational policies and your child’s rights. Engage with national organizations like the Council for Exceptional Children or the National Center for Learning Disabilities, which offer comprehensive resources including workshops, webinars, and guides on effective advocacy techniques. By attending these workshops and using these resources, you can gain insights and strategies to empower you to advocate more effectively for your child. Additionally, networking with other parents through these resources can provide emotional support and practical advice, which could be extremely helpful. 

Social media can be your community, too. Facebook is an especially excellent resource. Find and join Facebook groups with other parents of children with special needs. They can help you prepare for an IEP meeting (mine the posts or create your own post), and share with you what support services are possible or probable in the school district. Of course, you can (and should!) ask other parents how they got supports for their child or how/where to anticipate resistance.


Navigate Disputes and Seek Resolution

If disagreements with the school arise, it's vital to handle them constructively. Start by requesting a resolution meeting with the relevant school staff to discuss and hopefully resolve the issue directly. If this proves insufficient, consider mediation, where a neutral third party can facilitate a fair discussion and help reach a consensus without the need for legal intervention (a trusted Personal Family Lawyer can support you with this). These approaches are generally quicker and less adversarial than formal proceedings and help preserve a cooperative relationship with the school. Prepare for these meetings by gathering all relevant documentation and outlining your concerns clearly and concisely, which can aid in achieving a resolution that is acceptable to all parties involved.


Understand Formal Legal Protections

If informal resolutions fail, it's essential to understand your formal legal options. Familiarize yourself with the process of initiating due process hearings, where an administrative law judge will review the case and make a legally binding decision. Before proceeding, however, consult with an educational advocate or a lawyer who specializes in educational law to discuss the strength of your case and the potential outcomes. Understand the intricacies of due process, including the evidence required and the timeline involved, to navigate this formal process effectively and ensure you are fully prepared to advocate for your child’s rights under the law.


Stay Informed and Be Empowered 

Stay well-informed to advocate effectively. Regularly update yourself on the latest changes in educational laws and policies by subscribing to newsletters from trusted advocacy groups, such as the Council for Exceptional Children or your local parent resource center. Attend workshops and training sessions designed to empower you with the knowledge needed to advocate effectively. Also, actively participate in school board meetings to voice your concerns and stay abreast of decisions affecting your child’s education. These activities enhance your ability to advocate for your child and connect you with a network of other parents and professionals who can offer support and guidance.


Let Us Be Your Trusted Advisor When Planning for a Child with Special Needs

As a Personal Family Lawyer Firm, we understand that every child with special needs is different, and that's why we offer a personalized approach and a comprehensive range of estate planning services, including Special Needs Trusts and legal Guardianship nominations, to create a plan that’s unique to your child and ensures your child’s success. As a trusted advisor, we’ll walk you through your unique situation and develop a plan that ensures your child has the physical, financial, and emotional support they need now and for years to come.