Winkelman v. Parma City School District, No. 04-4159 (6th Cir. Sept. 20, 2005)

Supreme Court Hears Argument on Parent Pro Se IDEA Representation
On February 27, 2007 the Supreme Court heard oral arguments in Winkelman v. Parma City School District, No. 04-4159 (6th Cir. Sept. 20, 2005) on the issue of whether parents are permitted to represent their children pro se in due process hearings under the Individuals with Disabilities Education Act (IDEA).

Jeff and Sandee Winkelman are the parents of Jacob, an autistic child receiving special education services. The original complaint alleged that Jacob’s individualized education program failed to provide him with a free and appropriate education, as required under IDEA. The Winkelmans spent $30,000 in legal fees for representation in the original hearing and before a review office. When the hearing office and then the review office found in favor of the school district, the Winkelmans appealed again, but hoped to represent themselves as they could not longer afford legal representation.

The Winklemans appealed to the U.S. District Court for the Northern District of Ohio. They claimed that, in addition to Jacob’s substantive IDEA rights, their procedural rights as parents were also violated. The Winkelmans claimed that the school district predetermined a placement for Jacob without their input. They also alleged that the hearing officer impermissibly allowed a research assistant to “co-preside” over the proceedings and that the decision violated the forty-five day time limit allowed by IDEA.
Parma City School District filed a motion to dismiss petitioners’ appeal because they were prosecuting the appeal without a lawyer. On November 4, 2005, before any briefing of the merits of the appeal had been conducted, the court of appeals granted the motion.

Currently, there is a division among six circuits over whether non-lawyer parents have the right to prosecute an IDEA dispute pro se and, if so, whether they can represent themselves regarding their own rights under IDEA and/or the rights of their children. The 1st Circuit Court of Appeals found that parents may represent both themselves and their children under IDEA. The 2nd, 3rd, 7th and 11th Circuit courts have ruled that parents can only act on their own behalf, while the 6th Circuit ruled that parents cannot represent themselves or their children in court under IDEA.
With the Supreme Court’s decision, the split between the circuits will finally be settled and the scope of parental rights under the IDEA hopefully resolved.

Resource: http://docket.medill.northwestern.edu/archives/004067.php
Author: TRW