This fall, ASAH joined scores of New Jersey and national parent advocacy organizations in its strong support of the vital role of non-attorney advocates in special education matters. In a strongly worded letter to the New Jersey Supreme Court, ASAH opposed their controversial ruling in Opinion 56 restricting the role and activity of non-lawyer advocates for parents and students in special education conferences.

Non-attorney educational consultants and advocates play a critical role in enabling children with disabilities to receive an appropriate education, and ensuring their rights are protected throughout the special education process.

For more than 30 years, non-lawyer advocates have accompanied parents to IEP meetings under federal law. The Individuals with Disabilities Education Act (IDEA) guarantees parents the right to include individuals with knowledge or training regarding children with disabilities as members of the IEP team. Opinion 56 would disproportionately affect those who cannot afford a lawyer because there is a chronic shortage of free and low-cost legal services available to parents.

In our comments, we wrote:

“The playing field in special education decision-making is uneven. There are gross inequities faced by parents in special education, especially those who have low incomes, who have limited English and those whose own literacy skills are low.”