Action Alert # 3 -- Attorney Act Amendment


History:

SB 0688 is the Attorney Act, which prohibits unlicensed people from practicing law. This is a very good idea at first glance. However, with deeper scrutiny, it becomes apparent that this bill, if passed, could harm children with disabilities and their parents. This bill would have an indirect and negative impact on parts of the Individuals with Disabilities Education Act (IDEA), which is a federal law that is to be reauthorized this month and is in grave danger of losing much of its power.

The link between SB 0688 and IDEA regards the Parent Training and Information Centers (PTIs) that are mandated by IDEA. These PTIs assist parents of children with disabilities, many of who cannot afford an attorney, in understanding the complexities of the special education process. Without going into very many details of this process, understand that it can be daunting and take an exceptional amount of patience and stamina.

The PTIs and other advocacy groups, such as, centers for independent living (CILs) and special education consultants, guide parents through the sometimes-intimidating special education program. These groups provide this service free-of-charge and are often the last resort for low-income parents of children with disabilities. There are more than 100 PTIs throughout the country but only three in Illinois. Even with the other advocacy groups that assist parents, only PTIs were specifically written into IDEA.

SB 0688, as it now reads, including the House Amendment, would prohibit any person or entity from giving legal advice, if they did not have a license to practice law. The problem lies in the fact that attorneys for school districts or other individuals may misconstrue the services that PTIs provide parents of children with disabilities as an “unlawful practice of law.” This holds true for other advocacy and parent organizations that provide the same services.

This problem, unlike some of the problems IDEA is facing on the national level, is easily remedied. It merely requires adding a phrase to the last paragraph of the bill. It needs to indicate that a representative of a group who is not an attorney can provide information, training, advocacy, or assistance as long as federal or state law or regulation allows it. If this were included, the PTIs and other groups could continue assisting parents of children with disabilities without fear of legal action against them.

Actions Needed:

Contact the House co-sponsors of this bill and the Majority Leader, and tell them to include the proper language that will allow Parent Training and Information Centers and other advocacy groups to continue helping parents of children with disabilities understand how to ensure their children receive the services they deserve. Education is critical, and though the state is mired in budget concerns, we cannot let this, seemingly harmless, bill prevent children from access to all the resources to which they are legally entitled.

Contact:

House Co-Sponsors:
Representative John A. Fritchey
Springfield Office:
200-7S Stratton Office Building
Springfield, IL 62706
(217) 782-2458
(217) 557-7214 FAX

Representative Mike Boland
Springfield Office:
243-E Stratton Office Building
Springfield, IL 62706
(217) 782-3992
(217) 782-5201 FAX


Also contact:

Representative Barbara Flynn Currie
Majority Leader
300 State House
Springfield, IL 62706
(217) 782-8121
(217) 524-1794 FAX


For further information, contact:
Charlotte Des Jardins
Executive Director
20 E. Jackson Blvd.
Room 300
Chicago, IL 60004
(312) 939-3513 (Voice)
(312) 939-3519 (TDD)


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