Recently, the New Jersey Supreme Court's Committee on the Unauthorized Practice of Law released a ruling (Opinion 56) that will make it harder for lay advocates or other non-lawyers to assist families and their students during Individualized Education Program (IEP) meetings and Mediation Conferences. Frequently, families cannot afford a lawyer to represent them and their child. Without the necessary financial means, a lay advocate often helps to guide and explain the IEP process and attend meetings to help secure the best possible outcome for the student in need of services. As special education law is often complex and vast, families sometimes need assistance navigating this world for their student receiving special education services. By removing the option of the lay advocate, families will not have the assistance they need. These advocates typically help families understand the information provided by the school, assist them as they determine their options, and then support them as they work to obtain the services they believe their child needs.
With this in mind, we urge you to email the Committee on the Unauthorized Practice of Law with the following comments. (If you have had personal experience with non-attorney advocates, please be sure to add additional information detailing how this advocate assisted you and your child achieve a more positive outcome and the role the lay advocate played in the IEP process.)
- Lay-advocates play a critical role in assisting families during the IEP process and mediation conferences. They provide guidance and knowledge about special education processes and student rights that families frequently aren't aware of or well-versed in.
- Without the option of a lay-advocate, many families will not have any support as they navigate through the IEP process for their student with disabilities. That is because the only remaining option for families will be to hire a lawyer which can be very cost-prohibitive. We need to ensure all students have the same ability to access support during IEP meetings and mediation conferences - not just those who have the financial means to hire a lawyer.
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Due to the important role these advocates play in helping students with I/DD secure critical services , we urge you to withdraw Opinion 56.
Committee on the Unauthorized Practice of Law
Attention: Carol Johnston, Committee Secretary
Richard J. Hughes Justice Complex
P.O. Box 970
Trenton, New Jersey 08625-0970
