3.4 Client Interviewing

Some clients seeking assistance with educational advocacy for a child with an identified or suspected disability may have only a vague notion of the ways in which the school system is failing the child and of the variety of potential solutions available. Consequently, conducting a thorough and client-centered interview is essential to developing a theory of the case and understanding the client’s often nuanced and layered goals regarding the student.1  The initial client interview should cover a detailed chronology of the student’s educational history, including the schools the student has attended; a timeline of special education and 504 eligibility and evaluations; a narrative of the services and supports that have been introduced or eliminated through the years; and a recounting of any other significant milestones in the student’s education. The attorney should also conduct thorough questioning regarding the student’s current educational program to determine the student’s placement, services, and modifications and whether they are being implemented faithfully. The attorney should focus on progress or lack thereof in both academic and functional areas of need, the nature and amount of related services and supports that a student receives or that the parent believes the student requires, and the amount of time spent in regular education and special education settings along with the accommodations provided in each setting. The attorney should also inquire about the educational setup for students who have not been identified as having a disability because interventions and other services may have already been put into place.

The interview should also thoroughly cover any disciplinary or behavioral issues that the student is experiencing or has experienced in the past, including the frequency and nature of any disciplinary actions taken against the student and the use of any Behavior Intervention Plans, Behavior Support Plans, or other supports implemented to address behavioral issues. Special attention should be given to disciplinary incidents within the past year that have resulted in suspensions, expulsion recommendations, or other types of removals. The interview should also delve into the student’s medical history to determine if there are any medical or mental health diagnoses that could be relevant to special education eligibility or could be affecting educational performance. Ideally, interview notes should document not only any diagnoses that have been made, but also current and past prescriptions and treatments, any history of hospitalization, and the names and contact information of any outside medical or mental health providers. Finally, the attorney should engage in as much discussion as is necessary to understand the outcomes the client believes would resolve the student’s educational problems. In addition to obtaining information, the attorney should also engage in discussion so that the client gains a better understanding of the child’s educational rights and the tentative steps for educational advocacy moving forward. 

If the attorney and client are ready to engage in representation, the initial interview is also the appropriate time to have the client sign the retainer agreement and the authorizations to release educational and medical records. If possible, parents should be asked in advance of the interview to bring all records and documents in their possession with them or to email them beforehand. If not, arrangements should be made to obtain all available documents as soon as possible after the interview because gathering records from the school can take considerable time.

Sometimes a parent brings the child with them to the interview. When this occurs, the attorney should consider asking to interview the student separately from the parent, particularly if the student is older, so that the parent’s presence does not influence the student’s recounting of the problems occurring at school or what the student expresses as desired outcomes for the advocacy. In such cases, both the parent and the student should clearly understand who is the client, the role of the attorney, and to whom the ethical duties of confidentiality and expressed-interest representation are owed. It often helps to explain to the parent that even though he or she is the client, being able to interview the student privately can result in a better understanding of the issues and a greater ability to obtain buy-in from the student on the proposed course of action, resulting in more effective advocacy.2

• 1A sample client intake interview form is provided in Section 9.
• 2For example, an attorney may be able to secure a particular placement or accommodation for a student at the parent’s request, but that will not necessarily lead to an improved educational outcome if the student is resistant to the change. In fact, changing the student’s educational program in a manner that the student does not want could lead to worse educational or behavioral outcomes even if the change is otherwise appropriate.