OUTRAGE OF THE MONTH:
School Board Attorneys Plot To Destroy Parent Advocacy
We owe a long overdue congratulations and thanks to a nationally known parent advocate,
Marilyn Arons, of New Jersey. She began her work in this field in 1963 while this writer was
still in law school trying to get the university to create a course in civil rights law. Arons was
already addressing the civil rights of our kids and had helped found the Parent Information
Center of New Jersey. She has provided consultation services to many disabled children
and their families, and participated in IEP and 504 meetings and mediation.
She has also participated in many IDEA hearings for parents. Anytime a parent advocate
becomes effective, school boards are going to retaliate because school boards who
intentionally violate parent and student rights cannot tolerate effective parent advocacy in
their districts.
Arons has recently been under attack by school board attorneys who apparently cannot
beat her in a hearing. They are trying to go behind her back and claim that her advocacy in
hearings is "the unauthorized practice of law."
Is advocacy the unauthorized practice of law? [See new information below]
Read the entire article on our website: www.reedmartin.com www.reedmartin.
com/outrageofthemonth.html
________________________________________________________________________
Excerpt from http://specialeducationtoday.com/category/special-education July 24, 2008:
The comments that I filed concerned proposed 34 CFR Section 300.512(a)(1). This section
governs what lay advocates may do at a due process hearing. I asked for the specific
reasons that OSEP is changing DOE's previous and long standing interpretation of the law.
OSEP had since 1981 consistently taken the position that lay advocates may represent
parents in due process hearings, including asking questions of witnesses, cross-
examination, filing briefs, etc. The Department has now backed off that position. Instead, the
proposed reg repeats the statute to the effect that a parent may be accompanied and
advised by an advocate at hearing, but states that whether parents have the right to be
represented by non-attorneys at due process hearings should be determined under state
law. I also asked whether it was OSEP's view that a state Department of Education could
permit lay advocates to represent parties at due process hearings by state regulation or
procedural rule or whether, instead, the ability of an advocate to represent parties at due
process hearings turns on state law concerning the unauthorized practice of law.
Disclaimer: The information and direction to web sites contained herein is educational and
not intended to be legal or medical advice. The information is not a substitute for discussion
between patients and their doctors nor clients and their attorneys. References to all
information and opinions should not be considered an endorsement. You are hereby
advised to fully investigate all options in order to determine a course of action or treatment
that may be most appropriate for a specific situation and/or individual.
Copyright 2001- 2008 Alisha Leigh. Use of the material contained herein is unrestricted as
long as it is used for educational purposes and I am notified by e-mail of link usage. I would
very much like to know how this information is being used. Reciprocal linkage to your site
is requested.
Updated 08-29-2008
School Board Attorneys Plot To Destroy Parent Advocacy
We owe a long overdue congratulations and thanks to a nationally known parent advocate,
Marilyn Arons, of New Jersey. She began her work in this field in 1963 while this writer was
still in law school trying to get the university to create a course in civil rights law. Arons was
already addressing the civil rights of our kids and had helped found the Parent Information
Center of New Jersey. She has provided consultation services to many disabled children
and their families, and participated in IEP and 504 meetings and mediation.
She has also participated in many IDEA hearings for parents. Anytime a parent advocate
becomes effective, school boards are going to retaliate because school boards who
intentionally violate parent and student rights cannot tolerate effective parent advocacy in
their districts.
Arons has recently been under attack by school board attorneys who apparently cannot
beat her in a hearing. They are trying to go behind her back and claim that her advocacy in
hearings is "the unauthorized practice of law."
Is advocacy the unauthorized practice of law? [See new information below]
Read the entire article on our website: www.reedmartin.com www.reedmartin.
com/outrageofthemonth.html
________________________________________________________________________
Excerpt from http://specialeducationtoday.com/category/special-education July 24, 2008:
The comments that I filed concerned proposed 34 CFR Section 300.512(a)(1). This section
governs what lay advocates may do at a due process hearing. I asked for the specific
reasons that OSEP is changing DOE's previous and long standing interpretation of the law.
OSEP had since 1981 consistently taken the position that lay advocates may represent
parents in due process hearings, including asking questions of witnesses, cross-
examination, filing briefs, etc. The Department has now backed off that position. Instead, the
proposed reg repeats the statute to the effect that a parent may be accompanied and
advised by an advocate at hearing, but states that whether parents have the right to be
represented by non-attorneys at due process hearings should be determined under state
law. I also asked whether it was OSEP's view that a state Department of Education could
permit lay advocates to represent parties at due process hearings by state regulation or
procedural rule or whether, instead, the ability of an advocate to represent parties at due
process hearings turns on state law concerning the unauthorized practice of law.
Disclaimer: The information and direction to web sites contained herein is educational and
not intended to be legal or medical advice. The information is not a substitute for discussion
between patients and their doctors nor clients and their attorneys. References to all
information and opinions should not be considered an endorsement. You are hereby
advised to fully investigate all options in order to determine a course of action or treatment
that may be most appropriate for a specific situation and/or individual.
Copyright 2001- 2008 Alisha Leigh. Use of the material contained herein is unrestricted as
long as it is used for educational purposes and I am notified by e-mail of link usage. I would
very much like to know how this information is being used. Reciprocal linkage to your site
is requested.
Updated 08-29-2008
ADHD: A Place to Start
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