5 Ways An Education Attorney Can Be A More Effective Advocate Against Ableism 

For those unfamiliar with the term, ableism by definition is discrimination or prejudice against individuals with disabilities.Education law practitioners spend a great deal of time familiarizing themselves with the Americans With Disabilities Act of 1990, Individuals With Disabilities Education Act, and Section 504 of the 1973 Rehabilitation Act. They are frequently in litigation in administrative proceedings, state court, and federal court navigating complex motions and trial practice, mediation, and appellate procedures.

An education attorney often gets involved when there is a breakdown in communication at school. Complainants include students in Kindergarten through Grade Twelve or higher education who are combating ableism in their educational planning and/or school discipline. These students can require specialized learning plans more commonly knows an Individualized Education Plan (IEP) or "504" Plan. On the other side, school administration is also figuring out ways to combat ableism and ensure each student they serve are treated with dignity and respect. For these reasons and many others, communication between all team members, parents and school personnel, is encouraged to determine whether the needs of the child are being properly met.

Parents and guardians with access to information on how to navigate the appeals processes that may impact their child's education before the need arises are in a better position to understand the complexities of these processes when or if the need to access them arises. The question for attorneys is thus, how can an attorney support community members in combating ableism before litigation is necessary?

Host a Special Education Forum

To celebrate the firm's one year anniversary, Bowens & Averhart, PLLC hosted a special education forum at Marbles Kids Museum in Raleigh, North Carolina on September 7, 2018. This will be an annual event for the firm to provide community members with free access to the firm’s education attorneys as resources. Events such as this are critical to families supporting members with special needs as they offer education attorneys as resources for free. It gives you as an attorney the opportunity to give back to your community, get to know families with special needs, and learn how to better support the population you serve. Most importantly, it provides families with access to a very much needed resource. 

Hosting a special education forum annually is the best option as it allows families to plan ahead. It can be a wonderful resource for families to look forward to if they need support but do not know how to access education law information at no charge.  

Participate in A Special Needs Resource Fair 

If you do not have the resources to host your own special education forum, consider participating in a local special needs resource fair. Take a moment and think about the invisible load of travel alone for families. Families supporting children or adults with special need should be able to access education law resources conveniently. You can support families by making events like this more of a one stop opportunity. This is another opportunity to get to know the population you serve. Showcase your knowledge of education by conducting an education law breakout session. Sign up for a table and provide materials with education law tips. Consider also securing a private room to hold short consults at no charge. As an education attorney, you can add so much value to the overall success of a special needs resource fair.

Have a Book of Resources Available at Your Office 

When you attend events, pick up the informational pamphlets! I am frequently asked questions unrelated to education law regarding resources to support a child or adult with special needs. Whether it is a client or a community member walking in looking for resources, having informational pamphlets in an accessible area of the office can be a convenient way to provide information to those seeking it. It is also a great guide to flip through if a client arrives early or a meeting runs over causing a wait time.

I gather informational pamphlets I believe will be useful to individuals and families and went one more step and created a Special Needs Resource notebook for my office. I serve clients for education law matters across the state of North Carolina, so if you are like me and serve a wide geographical area, consider separating your notebook into geographical areas for convenience to the reader.

Stay current on changes to the law

The most important tip I can offer to any education attorney is stay current on changes to the law. There are Continuing Legal Education seminars dedicated to higher education and K-12 practitioners annually. Research the areas of education law that interest you. Attend a conference or take a short two-hour course. The options are endless, but more importantly are available if you look for them. If you are ambitious, become a guest lecturer. What better way to learn is there than getting in front of a group of people and teaching!  

Become active with your local Truancy Court(s) or other court programs

If you are thinking to yourself that you want to support education law initiatives but don’t want it to be a part of your areas of practice, there are options for you. School discipline is broader than you may think. Your county likely needs volunteers in existing programs such as truancy court, teen court, and other restorative justice or deterrence programs. Call your local courthouse and find out what programs they offer that you can support. 

ABOUT THE AUTHOR: Saleisha Averhart is a partner at Bowens & Averhart, PLLC. She has been practicing education law since 2009 and is licensed in the state of North Carolina, the Eastern and Middle Federal Districts of North Carolina, and the 4th Circuit Court of Appeals. Her perspectives are from that of a solo practitioner, partner at a mid-size firm, petitioners counsel, institution attorney, higher education, and K-12 representation inclusive of school discipline, special education, and other administrative education appeal proceedings.