ERIC Number: ED458753
Record Type: Non-Journal
Publication Date: 2001-Oct
Reference Count: N/A
The Involvement of Lay Advocates in Due Process Hearings. Quick Turn Around (QTA).
Ahearn, Eileen M.
A survey was conducted on the use of lay advocates to investigate state reaction to a recent court decision in Delaware on the use of lay advocates and the availability of representation for parents of students with disabilities in due process hearings. The Delaware Supreme Court found in 1999 that lay advocates representing parents at due process hearings were guilty of practicing law without a license. Data from the survey indicate states do not gather formal information about the availability and use of attorneys or non-attorney advocates to assist parents in due process hearings. Many respondents expressed difficulty in answering survey items because data on parent representation at hearings are not compiled. Survey results on state practices related to the involvement of lay advocates in due process hearings do reveal that their use varies from state to state. Only 6 states indicated that there was an insufficient number of attorneys available for parents, regardless of cost, in more than 60 percent of their state, while 15 states indicated that over 60 percent of their state lacked sufficient reduced cost or free attorney services. Very few states indicated that they had taken any specific action in response to the Delaware decision. (CR)
Descriptors: Child Advocacy, Court Litigation, Disabilities, Due Process, Elementary Secondary Education, Federal Legislation, Lawyers, Lay People, Legal Aid, Legal Assistants, Parent Associations, Parent Rights, Policy Formation, State Programs, Surveys
National Association of State Directors of Special Education, 1800 Diagonal Rd., Suite 320, Alexandria, VA 22314. Tel: 703-519-3800; Tel: 703-519-7008 (TDD); e-mail: email@example.com. For full text: http://www.nasdse.org/forum.htm.
Publication Type: Reports - Research
Education Level: N/A
Authoring Institution: National Association of State Directors of Special Education, Alexandria, VA.; Special Education Programs (ED/OSERS), Washington, DC.
Identifiers - Location: Delaware