Special Education Advocate or Attorney: Which is Right for Me?
- avillamar@aveducationadvcoate.com
- May 28, 2024
- 3 min read
New Jersey - Special Education Advocate- IEP Advocate - IEP- Individual Education Plan - 504 Plan - NJ Special Education Advocate - Education Advocate Somerset County, New Jersey- Education Consultation - Education Attorney

Special Education Advocates or IEP Advocates and Educational Attorneys work to support students with disabilities in the education system. They both play a pivotal role in securing appropriate services for students. That said, there are some key differences to consider when deciding which is best for you:
Affordability:
Special Education Advocate: The affordability factor may be the most appealing reason a family decides to work with an advocate. Special education advocates typically offer their services at a much lower cost, making them a more affordable option. This reassurance about the affordability of their services can help alleviate financial concerns and make families feel more at ease.
Educational Attorney: Hiring an educational attorney will likely be more costly due to legal fees associated with their services. Qualifications:
Special Education Advocate: A special education advocate knows special education laws and regulations but does not provide legal representation. They often have a background in the educational field, and many are parents of children with disabilities. Some states, such as New Jersey, also have 'lay advocates '. These individuals are not lawyers but are trained to represent people in administrative hearings, cross-examine witnesses, and address the court.
Educational Attorney: An educational attorney is a lawyer who specializes in educational law. They have a law degree and are qualified to provide legal advice and representation. Role:
Special Education Advocate: Special education advocates focus on advocating for students with disabilities and their families, providing support, guidance, and resources to help navigate the complicated education system. Many advocates will attend IEP meetings, provide written correspondence, help obtain records, analyze evaluations, and provide a strategic plan to help families achieve their goals. Each advocate has their own unique style, and their services will vary depending on their areas of expertise. For this reason, it is essential to ask about their background and knowledge before deciding to work with an educational advocate.
Educational Attorney: Educational attorneys, with their specialized knowledge of educational law and legal representation, provide their clients a strong shield of legal protection. They primarily handle legal services, such as representing clients in due process hearings, resolving disputes with school districts, and ensuring compliance with educational laws. They can provide many of the services an advocate offers through the lens of legal representation, ensuring that the rights of students with disabilities are upheld.
Key Questions to Ask When Looking for the Right Special Education Advocate or Attorney for You:
What training and education do you have?
How long have you been in the field, and what type of work have you done/done?
Can you tell me about your personal and professional experience in special education and with students with disabilities?
Tell me about your style. How do you advocate?
Have you ever advocated for a child with the same disability that my child has?
What kind of relationship do you have with my district?
Can you refer me to expert evaluators, such as psychologists or educational diagnosticians, and an attorney if needed?
Can you provide references?
How do you charge? What are your fees?
It's essential to consider your goals before working with an educational advocate or an educational attorney. An attorney will provide legal expertise and representation in academic matters, such as disputes over the appropriateness of a student's Individualized Education Program (IEP) or the provision of related services. An advocate will offer direct advocacy services by working closely with the family and the child study team to address educational concerns and develop a strong IEP. An advocate will help educate and empower the parents through support and guidance.
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