Post by Laurel Chaisson on May 22, 2005 13:21:07 GMT -5
The Importance of Child Advocacy to Children with Disabilities
by Susan J. Knowles, Attorney at Law
by Susan J. Knowles, Attorney at Law
Children and youth with disabilities are entitled to receive a free appropriate public education. Under the law, this means special education and related services that are provided in conformity with an individualized education program (IEP). These services are to be provided at no cost to the parents to meet the unique needs of the child with a disability. In addition, these services are intended to prepare a student for employment and independent living. (20 U.S.C. sections 1401 and 1414; IDEA)
The trend in the law is for full inclusion of children with disabilities into the general education classroom (or the least restrictive environment). Many teachers and administrators agree that this inclusion helps a child with disabilities to grow socially and academically. However, while inclusion may be the law, it can be a difficult task for school officials to implement. Research has shown that while teachers are aware of their legal obligation to children with disabilities they do not always feel prepared to handle the special needs of these children. In addition, some school districts do not readily offer training for general education teachers to obtain the necessary skills to effectively work with these children. Teachers influence a child’s achievement levels, behavior, and self-esteem. Without the support of the teacher, a child with a disability may not experience the positive learning environment necessary for his/her educational success (Daane, C.J. (2000), Administrators’ and Teachers’ Perceptions of the Collaborative Efforts of Inclusion in the Elementary Grades, Education, Vol. 121(2), 331-338).
A Child Advocate ensures that a disabled child receives all of the educational benefits to which he/she is entitled under the law. Advocacy is defined as “one that pleads the cause of another” (Merriam-Webster Dictionary). Therefore, an advocate can be a Parent, an Attorney, or one who has sufficient knowledge of special education law to be the voice of a child with a disability. As an Attorney/Advocate I believe that my primary role is to promote a sense of cooperation between the parents and the school so that the child will ultimately benefit. An unnecessary adversarial or litigious environment could put undue strain on a relationship that is imperative to the child’s educational success. The relationship that exists between the school, the parents, and the child will typically last throughout the child’s academic career or until the age of 22. Therefore, it is best for the parents and their advocates to take a professional and collaborative approach with the school. However, unfortunately this approach is not always possible. When this occurs, other legal courses of actions will be necessitated to guarantee that the child is receiving a free and appropriate public education. It is critical at this point to have an advocate (such as an attorney) who is also well-versed in the law to represent your child’s interests.
I became a Child Advocate/Attorney after practicing a number of years as a Family Law Attorney. In particular, I provided services to a number of families with disabled children who were strongly impacted by divorce but who had no voice to express their pain. In addition, I received my Masters degree in Counseling Psychology and worked with disabled children as a Counselor for a non-public alternative school. I primarily provided counseling to children with Autism, Asperger’s, severe emotional disorders, and ADD/ADHD (attention-deficit/hyperactivity disorder). It was during this time that I became even more aware of the difficulties these children face in being heard. It was then that I made the decision to utilize my background in law and counseling psychology to help these children find their voices.
Throughout my career working with children and families, I have gained a deeper appreciation and understanding for what the parents of children with disabilities have to go through on a daily basis. Many of them struggle for years trying to obtain special education services for their child. For many, their first hurdle is to convince the pre-school that their child has a qualifying disability. A number of parents are seen as “overprotective” of their child and simply ignored. Still others discover school districts that are well-versed in the needs of the disabled child and efficient with getting the child the services he/she needs.
Parents will become experts about their child’s disability over the course of their child’s life and will need to educate those who provide services. Parents should never feel that they don’t have the right to speak on behalf of their child because they are their child’s best advocates! Parents know their child better than anyone including school officials and other advocates. At times, however, parents need someone who is on their side to support them while they go through the process of securing special education services. Thus, an advocate who can provide additional support and services to the parents can be all that is needed to obtain the necessary services.
To obtain more information about Child Advocacy services, visit www.specialedadvocacy.com.
© Susan J. Knowles
CNE magazine