The IDEA and its predecessors have consistently included the concept of lay advocates as a critical component of the special education process. Federal regulation at 34 CFR § 300.508(a)(1) recognizes that parents may not only have legal counsel at due process proceedings, but that they may also be accompanied by "individuals with special knowledge" of children with disabilities. The original Senate Report describes the "individual['s]" role as one of consultation, with emphasis on the responsibility to identify educational problems, evaluate them, and determine proper educational placement. S. Rep. No. 168, 94th Cong., 1st Sess., reprinted in 1975 U.S. Code Cong. & Admin. News 1470-71.
The IDEA acknowledges that individuals with special training can be participants in IEP meetings. 34 CFR § 344(a)(5) (permitting other individuals to attend IEP meetings at the discretion of parents); 34 CFR Section 300, App. C, Question 26 (recognizing that, at times, parents may be accompanied by "someone outside of the agency who is familiar with the applicable laws.") Clearly, the framers of the EHA/IDEA envisioned that lay advocates would play a vital role in the education of children with disabilities.
In other states, such as Florida, Advocates have been sued for representing parents in administrative due process hearings.
In September 2000, a Superior Court in San Diego County rejected an allegation against Robert Roice in a case brought by attorneys representing a special education student in a due process hearing with the Poway School District . These attorneys alleged that Mr. Roice, a non-lawyer, cannot represent the school district in such proceedings.
The court ruled, without qualification, that Mr. Roice, BEGIN QUOTE "is legally permitted to appear and may therefore perform functions ...within the upcoming due process administrative proceeding as a non-lawyer lay advisor." END QUOTE
This case means that California is a state that allows advocate representation in due process hearings.
Pro's | Con's |
| Advocate services cost less than attorneys | In most cases, attorneys have the better legal training |
| For the poor, help is available | Advocacy fees are not written into legislation as a recoverable expense if a case is settled or parents prevail |