Parents May Represent Themselves in IDEA Due Process Cases

On Monday, May 21, 2007, the Supreme Court determined that parents may represent themselves without an attorney when bringing a complaint under the Individuals with Disabilities Education Act (IDEA). Winkelman v. Parma City School District, 550 U.S. ____ (May 21, 2007).

The Supreme Court ruling now permits parents who remain dissatisfied after the administrative determination to file a civil lawsuit on their child's behalf, in federal court, and without an attorney on any IDEA-related claim.
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 (IEP) failed to provide him with a free and appropriate education (FAPE), 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 no longer afford legal representation.
The Winklemans, neither of whom is an attorney, appealed to the U.S. District Court for the Northern District of Ohio. Parma City School District filed a motion to dismiss petitioner’s appeal because they were prosecuting the appeal without a lawyer. On November 4, 2005, before any briefing on the merits of the appeal, the court of appeals granted the motion determining that the Winkelmans had to obtain counsel for the appeal.
More than a year and a half later, Justice Anthony Kennedy, writing for the Court, said, “[p]arents enjoy rights under IDEA; and they are, as a result, entitled to prosecute IDEA claims on their own behalf…. It is beyond dispute that the relationship between a parent and child is sufficient to support a legally cognizable interest in the education of one’s child; and, what is more, Congress has found that ‘the education of children with disabilities can be made more effective by … strengthening the role and responsibility of parents and ensuring that families of such children have meaningful opportunities to participate in the education of their children and at home.’” Winkelman v. Parma City School District, 550 U.S. ____; (citing 20 U.S.C. § 1400(c)(5)).
Justices Scalia and Thomas dissented in part, and argued that while parents could represent themselves under IDEA, they should be limited to only claims relating to personal procedural violations and reimbursement issues.
While this ruling makes it easier for parents to protect their child’s rights, the concern is that it will increase the number of frivolous lawsuits. Parents who were previously hesitant to bring a lawsuit without an attorney may now feel more confident in bringing their cases forward. Parents tend to be unfamiliar with the law, the legal process, and may be less likely to settle cases because they tend to lack third party objectivity, which could make this ruling expensive for schools.
Resource:
Full Opinion located at: http://www.law.cornell.edu/supct/html/05-983.ZS.html
Author: TRW