High Court Backs Parents’ Rights to Argue Cases Under IDEA
The U.S. Supreme Court ruled today that parents have their own broad, enforceable rights under federal special education law, and thus they may represent themselves in federal court without the assistance of a lawyer.
The decision in
Winkelman
v.
Parma City School District
(Case No. 05-983)
was unanimous on the idea that parents have some rights to represent themselves without a lawyer under the Individuals with Disabilities Education Act. But it split 7-2 on the idea that parents have substantive and procedural rights that encompass their child’s right to a free, appropriate public education under the law.
“Parents enjoy rights under IDEA; and they are, as a result, entitled to prosecute IDEA claims on their own behalf,” said the majority opinion by Justice Anthony M. Kennedy. “The decision by Congress to grant parents these rights was consistent with the purpose of IDEA and fully in accord with our...
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