When to Call a Special Education Attorney? An Interview with Tamiel Holloway

Jess Ellsworth
May 9
4 min read

Navigating the special education system can be overwhelming. From IEP meetings and eligibility decisions to legal jargon and advocacy strategies, many parents wonder: When do I need to bring in an attorney to help advocate for my child?

We sat down with Tamiel Holloway, a seasoned special education attorney, to unpack this question. Tamiel brings warmth, wisdom, and a fierce commitment to protecting students' rights. In our conversation, she shared when legal support makes a real difference, how parents can protect their child’s future, and what to consider as teens transition to adulthood.

Do I Have to Wait For a Crisis to Ask For Help?

Tamiel explained that a common myth is that parents should only seek legal help when something has already gone wrong. In reality, proactive advocacy can prevent escalation.

This could include moments like:

Being denied an assessment you’ve requested
Feeling stonewalled in IEP meetings
Facing disagreement over eligibility or placement
Receiving an IEP that doesn’t reflect your child’s unique needs
Preparing for a transition (e.g., new school, services ending, or adulthood)

An attorney can help clarify your rights, review documents, participate in meetings, and ensure that everything being offered is both appropriate and legally sound.

What Steps Should I Take?

Gather information and get ready to walk through how you got there and all of the information that you have. The attorney will want to get a full picture of the entirety of what you have and what you need. Oftentimes, attorneys may be able to assist you in getting even more support than you initially thought available. Tamiel expressed the importance of documentation and gathering as much data as possible. Special education attorneys can help you better understand all of the data and support you in finding resources.

What if You Don’t Trust the School’s Evaluation?

Sometimes, parents feel in their gut that something’s missing — and they’re not wrong. We asked Tamiel what parents can do if they want their child evaluated, but don’t trust the school to do it thoroughly or objectively.

Her answer: ask for an Independent Educational Evaluation (IEE). If you feel the school’s assessment was cursory or missed something, you have the right to request an independent evaluation at the district’s expense.

Tamiel recommends putting the request in writing and, if possible, identifying the provider you want to use. If you’re not sure, the district will offer a list of providers they have contracts with — but she cautioned not to just pick the first name. Call them, get to know them. This person will spend a lot of time with your child. You want someone who’s thorough, who you vibe with, and who writes strong reports that help in advocacy.

The district must respond to your IEE request within a reasonable time (typically within 10 business days in California). They may:

Approve your request, or
Deny it and file for due process to defend their evaluation

But Tamiel reassured us:

“Nine times out of ten, they’ll approve the independent evaluation.”

What’s the Difference Between a Conservatorship and a Power of Attorney?

As students with disabilities approach adulthood, many parents worry about how to support them in making legal, financial, and medical decisions. We asked Tamiel to explain two commonly discussed tools: conservatorship and power of attorney.

“Conservatorship is a court-supervised proceeding,” Tamiel explained. “You apply through the court, they conduct background checks, and even send investigators to the home. Attorneys are often appointed, and there are a lot of eyes on the situation to make sure it’s appropriate.”

In contrast, a power of attorney is much simpler — a private agreement between the adult and their designated representative, usually notarized.

However, Tamiel pointed out a key difference:

“A doctor may look at the adult and say, ‘I don't think they had the capacity to execute this power of attorney,’ which could make it invalid. In those cases, a conservatorship might be necessary.”

So how can a family decide which is more appropriate?

Tamiel broke it down beautifully:

If your child is highly functional, collaborates well with you, and can understand and make basic decisions, a power of attorney might be sufficient.
If your child is vulnerable to undue influence, has a history of being taken advantage of, or struggles with decision-making — a conservatorship might be the safer path.

And it doesn’t have to be all or nothing.

“There are seven powers included in a conservatorship,” she said. “You don’t have to get all of them. You might just need medical or educational authority.”

Whether it’s a full or limited conservatorship, or something simpler, Tamiel helps families parse through what’s best for their situation — with both the rights of the young adult and the concerns of the parent in mind.