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Pam:  I know of many parents that do not have the time, the patience, nor the understanding of the law that is needed for them to advocate for their child. Can a Paralegal attend the IEP conference and handle all issue pertaining to the education of the student, providing that the parent give the paralegal a POA. State of Ohio if that would make a difference. If so can the Paralegal be paid from the social security funds or educational grants/ scholarships that the child receives?

  1. Hi, Do i need to have an attorney draw a POA for my special needs daughter. She is 17 years old now and the school give a form to sign for transfer of rights at age of majority. Thank you for your help.

    • That could depend on your state rules. In general, I believe that if a POA is written properly, & notarized that the school would have no basis for challenging it.

      • An attorney drew up our POA for educational and guardianship purposes and the school said their policy wants a court ordered document that they do not accept POA’s. The state of MO states otherwise but the school doesn’t go by that and it is a public school. So they said we need to pay the $800 per month tuition until we get a court order due to their policy. So can policy be above state law?

  2. I am in Texas…My grandson is special needs…My daughter has given me educational power of attorney because I understand the processes and she is just not good at advocating for her children…At any rate, the school refuses to acknowledge the power of attorney because it says that only a judge can grant power of a special needs child.

    • You can write to the special ed director about this situation. Hopefully this person understands that you have the right to do this and will tell the campus staff. I am with the TX federally funded parent training and information center. You can find our person working with your area at: http://www.prntexas.org

      • Chuck – I find this discussion very interesting. Does IDEA specifically give permission for the use of an Educational Power of Attorney? If so, can you provide a citation? I’m new to this so please forgive me if I am missing something that is hiding in plain sight.

        • IDEA rules do not address this. Many issues come down to state rules, or law. So if state law/rules allow it, on what basis can a school deny it?

  3. You can make anyone you want your power of attorney however I am unsure of the payment questions.

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