Parents Need Not Have Lawyers in IDEA Cases
May 21, 2007
Parents Need Not Have Lawyers in IDEA Cases
The United States Supreme Court ruled today that parents may prosecute an IDEA claim in federal court on their own behalf and without hiring a lawyer, in cases involving disputes between parents and a school system on what constitutes free, appropriate public education for a child with disabilities. The Supreme Court thereby overruled a lower federal court that had denied an IDEA (Individuals with Disabilities Education Act) complaint brought by parents of a child with autism spectrum disorder. The U.S. Court of Appeals for the Sixth Circuit had held that the IDEA does not abrogate a common law rule prohibiting non-lawyer parents from representing minor children, but the Supreme Court found that the IDEA protects both parents and children, thereby giving parents “independent, enforceable rights,” including the right to prosecute IDEA claims on their own behalf. The case was
Winkelman v. Parma City School District.