advocating for a child - getting started pam wright peter wright wright, p. & wright, p. (2003)....

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Advocating for A Child Advocating for A Child - Getting Started - Getting Started Pam Wright Pam Wright Peter Wright Peter Wright Wright, P. & Wright , P. (2003). Wright, P. & Wright , P. (2003). From From emotion to advocacy emotion to advocacy . Harbor House Law. . Harbor House Law. Pp 1- 16. Pp 1- 16. (available at (available at http:/ http:/ / / www.wrightslaw.com www.wrightslaw.com ) )

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Page 1: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Advocating for A Child - Advocating for A Child - Getting StartedGetting Started

Pam WrightPam WrightPeter WrightPeter Wright

Wright, P. & Wright , P. (2003). Wright, P. & Wright , P. (2003). From emotion to From emotion to advocacy advocacy . Harbor House Law. Pp 1- 16. . Harbor House Law. Pp 1- 16.

(available at (available at http:/http:///www.wrightslaw.comwww.wrightslaw.com) )

Page 2: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Why Advocate?Why Advocate?

Good special education services are Good special education services are intensive and expensive. intensive and expensive.

Resources are limited. Resources are limited.

May wind up battling the school district for May wind up battling the school district for the services a child needs. the services a child needs.

To prevail, you need information, skills, To prevail, you need information, skills, and tools.and tools.

Page 3: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Who can be an advocate?Who can be an advocate?

Anyone can advocate for another person.Anyone can advocate for another person.

Here is how the dictionary defines the term “advocate“:Here is how the dictionary defines the term “advocate“:ad-vo-cate – Verb, transitive. To speak, plead or argue in favor ad-vo-cate – Verb, transitive. To speak, plead or argue in favor

of. Synonym is support.of. Synonym is support.

1.1. One that argues for a cause; a supporter or defender; an One that argues for a cause; a supporter or defender; an advocate of civil rights.advocate of civil rights.

2.2. One that pleads in another’s behalf; an intercessor; One that pleads in another’s behalf; an intercessor; advocates for abused children and spouses.advocates for abused children and spouses.

3.3. A lawyer. (The American Heritage Dictionary of the English A lawyer. (The American Heritage Dictionary of the English Language, Third Edition)Language, Third Edition)

Page 4: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

An advocate performs several An advocate performs several functions:functions:

Supports, Supports,

helps, helps,

assists, andassists, and

aidsaids

Speaks and pleads Speaks and pleads on behalf of otherson behalf of others

Defends and Defends and argues for people argues for people or causes or causes

Page 5: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Different Types of Different Types of AdvocatesAdvocates

Special education Special education advocates work to advocates work to improve the lives improve the lives of children with of children with disabilities and disabilities and their families. You their families. You are likely to meet are likely to meet different types of different types of advocates advocates

Page 6: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Lay AdvocatesLay Advocates

use specialized knowledge and expertise to help use specialized knowledge and expertise to help parents resolve problems with schools. parents resolve problems with schools.

they are acting on the child’s behalf when they are acting on the child’s behalf when attend meetings, write letters, and negotiate for attend meetings, write letters, and negotiate for services services

are knowledgeable about legal rights and are knowledgeable about legal rights and responsibilities. responsibilities.

In some states, lay advocates represent parents In some states, lay advocates represent parents in special education due process hearings.in special education due process hearings.

Page 7: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Educational AdvocatesEducational Advocates

evaluate children with disabilities and make evaluate children with disabilities and make recommendations about services, supports and recommendations about services, supports and special education programs. special education programs.

When educational advocates go to eligibility and When educational advocates go to eligibility and IEP meetings, they are acting on the child’s behalf. IEP meetings, they are acting on the child’s behalf.

Some negotiate for services. Some negotiate for services.

Others are less knowledgeable about special Others are less knowledgeable about special education law and how to use tactics and education law and how to use tactics and strategies.strategies.

Page 8: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

School PersonnelSchool Personnel

Teachers and special education providersTeachers and special education providers Teachers, administrators, and school staff Teachers, administrators, and school staff

often provide support to children and their often provide support to children and their families. families.

But because they are employed by school But because they are employed by school districts, school personnel are limited in districts, school personnel are limited in their ability to advocate for children with their ability to advocate for children with disabilities without endangering their jobs.disabilities without endangering their jobs.

Page 9: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

ParentsParents

natural advocates for their children. Who is a child’s first natural advocates for their children. Who is a child’s first teacher? A parent is. Who is your child’s most important teacher? A parent is. Who is your child’s most important role model? A parent is. Who is responsible for your role model? A parent is. Who is responsible for your child’s welfare? A parent is. Who has a child’s best child’s welfare? A parent is. Who has a child’s best interests at heart? A parent does.interests at heart? A parent does.

A parent knows their child better than anyone else. The A parent knows their child better than anyone else. The school is involved with a child for a few years. A parent is school is involved with a child for a few years. A parent is involved with their child for life. Parents should play an involved with their child for life. Parents should play an active role in planning their child’s education.active role in planning their child’s education.

The law gives parents the power to make educational The law gives parents the power to make educational decisions for their child. Do not be afraid to use a power. decisions for their child. Do not be afraid to use a power. Use it wisely. A good education is the most important gift Use it wisely. A good education is the most important gift you can give to a child.you can give to a child.

Page 10: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

The parent of a child with a disability, have The parent of a child with a disability, have two goals:two goals:

To ensure that the school provides their To ensure that the school provides their child with a “free appropriate public child with a “free appropriate public education” that includes “specially designed education” that includes “specially designed instruction . . . to meet the [child’s] unique instruction . . . to meet the [child’s] unique needs . . .” (20 U.S.C. §1401)needs . . .” (20 U.S.C. §1401)

To build a healthy working relationship with To build a healthy working relationship with the school.the school.

Page 11: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

What Advocates DoWhat Advocates Do

Advocacy is not a Advocacy is not a mysterious mysterious process. process.

Page 12: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Gather InformationGather Information

gather facts and information. gather facts and information.

gathering information and organize gathering information and organize documents, enables them to learn about documents, enables them to learn about the child’s disability and educational the child’s disability and educational history. history.

use facts and independent documentation use facts and independent documentation to resolve disagreements and disputes to resolve disagreements and disputes with the school.with the school.

Page 13: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Learn the Rules of the Learn the Rules of the GameGame

educate themselves about their local school district. educate themselves about their local school district. Know how decisions are made and by whom.Know how decisions are made and by whom.

Know about legal rights. - a child with a disability is Know about legal rights. - a child with a disability is entitled to an “appropriate” education, not the entitled to an “appropriate” education, not the “best” education, nor an education that “maximizes “best” education, nor an education that “maximizes the child’s potential.” the child’s potential.”

““best” is a four-letter word that cannot be used by best” is a four-letter word that cannot be used by parents or advocates. parents or advocates.

know the procedures that parents must follow to know the procedures that parents must follow to protect their rights and the child’s rights. protect their rights and the child’s rights.

Page 14: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Plan and PreparePlan and Prepare

know that planning prevents problems.know that planning prevents problems.

do not expect school personnel to tell them about rights do not expect school personnel to tell them about rights and responsibilities.and responsibilities.

read special education laws, regulations, and cases to get read special education laws, regulations, and cases to get answers to their questions.answers to their questions.

learn how to use test scores to monitor a child’s progress in learn how to use test scores to monitor a child’s progress in special education. special education.

prepare for meetings, create agendas, write objectives, prepare for meetings, create agendas, write objectives, and use meeting worksheets and follow-up letters to clarify and use meeting worksheets and follow-up letters to clarify problems and nail down agreements.problems and nail down agreements.

Page 15: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Keep Written RecordsKeep Written Records

Because documents are often the keys to Because documents are often the keys to success, advocates keep written records. success, advocates keep written records.

They know that if a statement is not They know that if a statement is not written down, it was not said. written down, it was not said.

They make requests in writing and write They make requests in writing and write polite follow-up letters to document polite follow-up letters to document events, discussions, and meetings.events, discussions, and meetings.

Page 16: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Ask Questions, Listen to Ask Questions, Listen to AnswersAnswers

are not afraid to ask questions. are not afraid to ask questions.

When they ask questions, they listen When they ask questions, they listen carefully to answers. carefully to answers.

know how to use “Who, What, Why, Where, know how to use “Who, What, Why, Where, When, How, and Explain Questions” (5 Ws When, How, and Explain Questions” (5 Ws + H + E) to discover the true reasons for + H + E) to discover the true reasons for positions.positions.

Page 17: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Identify ProblemsIdentify Problems

learn to define and describe problems learn to define and describe problems from all angles. from all angles.

use their knowledge of interests, fears, use their knowledge of interests, fears, and positions to develop strategies. and positions to develop strategies.

are problem solvers. are problem solvers.

do not waste valuable time and energy do not waste valuable time and energy looking for people to blame.looking for people to blame.

Page 18: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Propose SolutionsPropose Solutions

know that parents negotiate with know that parents negotiate with schools for special education services. schools for special education services.

As negotiators, advocates discuss As negotiators, advocates discuss issues and make offers or proposals. issues and make offers or proposals.

seek “win-win” solutions that will seek “win-win” solutions that will satisfy the interests of parents and satisfy the interests of parents and schools.schools.

Page 19: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Are you ready to advocate? Here Are you ready to advocate? Here is a list of supplies that will help is a list of supplies that will help

you get started:you get started: Two 3-ring notebooks Two 3-ring notebooks

(one for your child’s file; (one for your child’s file; one for information one for information about your child’s about your child’s disability and disability and educational information)educational information)

3-hole punch3-hole punch

HighlightersHighlighters

Package of sticky notesPackage of sticky notes

#10 Envelopes#10 Envelopes

StampsStamps

CalendarCalendar

JournalJournal

Contact logContact log

Small tape recorderSmall tape recorder

Page 20: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Your AssignmentYour Assignment

To enable parents to become To enable parents to become advocates for their childadvocates for their child

HOW?HOW?

Page 21: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Plan for the FuturePlan for the Future

What are your long-term goals for your child? What do you What are your long-term goals for your child? What do you envision for your child in the future? envision for your child in the future?

Do you expect your child to be an independent, self-Do you expect your child to be an independent, self-sufficient member of the community? sufficient member of the community?

If you have a vision about what you want for your child in If you have a vision about what you want for your child in

the future, you are more likely to achieve your goals. the future, you are more likely to achieve your goals.

If you believe others will make long-term plans for your If you believe others will make long-term plans for your child and provide your child with the necessary skills to be child and provide your child with the necessary skills to be an independent, self sufficient member of society, you are an independent, self sufficient member of society, you are likely to be disappointed.likely to be disappointed.

Page 22: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Answer QuestionsAnswer Questions

What do you want for your child? What are What do you want for your child? What are your goals for your child's future? Do you your goals for your child's future? Do you have a master plan for your child's have a master plan for your child's education? education?

If you want your child to grow up to be an If you want your child to grow up to be an independent adult, what does your child independent adult, what does your child need to learn before he or she leaves the need to learn before he or she leaves the public school system? public school system?

What do you want? What do you want?

Page 23: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Develop a Master PlanDevelop a Master Plan

Begin by thinking about your vision Begin by thinking about your vision for your child's future. What are your for your child's future. What are your long-term goals for your child? What long-term goals for your child? What will your child need to learn? What will your child need to learn? What services and supports will your child services and supports will your child need to meet these goals? need to meet these goals?

Page 24: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Dealing with AggressionDealing with AggressionTips Developed by the Parent Center, Albuquerque, NMTips Developed by the Parent Center, Albuquerque, NM

Positive steps to be Positive steps to be taken so as to not taken so as to not exacerbate the exacerbate the problem:problem:

Page 25: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Do….Do…. Listen.Listen.

Write down what they say.Write down what they say.

When they slow down, ask them what When they slow down, ask them what else is bothering them.else is bothering them.

Exhaust their list of complaints.Exhaust their list of complaints.

Ask them to clarify any specific Ask them to clarify any specific complaints that are too general.complaints that are too general.

Page 26: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Show them the list and ask if it is Show them the list and ask if it is complete.complete.

Ask them for suggestions for solving Ask them for suggestions for solving any problem they’ve listed.any problem they’ve listed.

Write down the suggestions.Write down the suggestions. As much as possible, mirror their As much as possible, mirror their

body posture during this process.body posture during this process. As they speak louder, speak softer.As they speak louder, speak softer.

Page 27: Advocating for A Child - Getting Started Pam Wright Peter Wright Wright, P. & Wright, P. (2003). From emotion to advocacy. Harbor House Law. Pp 1- 16

Don’t…Don’t…

Argue.Argue. Defend or become defensive.Defend or become defensive. Promise things you can’t produce.Promise things you can’t produce. Own problems that belong to others.Own problems that belong to others. Raise your voice.Raise your voice. Belittle or minimize the problem,Belittle or minimize the problem,Developed by the Parent Center, Albuquerque, NMDeveloped by the Parent Center, Albuquerque, NM