One at One: Non-lawyer, Special Education Advocates

Today’s Issue by Matt Rocco:

Whether a non-lawyer, special education advocate can “represent” a parent at an IEP meeting and speak on the parent’s behalf?

Answer:

Yes. In Opinion #57, issued on April 9, 2021 by the Committee on the Unauthorized Practice of Law (“Committee”), the Committee overturned the portion of Opinion #56 that limited an advocate’s role at an IEP meeting to consulting “with the parents regarding the development of the program and assist[ing] in the negotiations between the parents and the school.”  Pursuant to Opinion #57, advocates are permitted to represent parents at IEP meetings, speak on their behalf, and can even attend an IEP meeting if the parents are not present, so long as the parents have provided explicit authorization and consent.

Resources:

Opinion #56 superseded by Opinion #57  

To Learn More about FPSCTT’s Education and School Law Practice, please contact:

Lester Taylor, Partner and Chair

Christine Soto, Partner and Co-Chair

Afshan Ajmiri Giner, Partner and Co-Chair

Caitlin Pletcher, Partner

This post is for informational purposes only and should not be construed as legal advice.