Special Education Project Training – Avoiding the Unauthorized Practice of Law (UPL)

Special education advocates are an important resource for families, and a growing profession. Although there are currently not licensing requirements, educational requirements or enforceable ethics codes for special education advocates; an advocate is expected to have knowledge and expertise concerning special education and its applicable federal and state laws and work within the bounds of those laws. Advocates fulfill many roles; however, an advocate may not give out legal advice to parents, i.e. practice law. What constitutes the practice of law varies from one jurisdiction to another. Participants in this session learn how the unauthorized practice of law is defined, interpreted and how it has been applied in the courts. Strategy tips for avoiding UPL are also discussed.