Experts Ponder Whether Parents Will Rush To Court
The U.S. Supreme Court’s ruling that parents have rights under the main federal special education law , and thus may represent themselves in federal court without the assistance of a lawyer, has legal experts disagreeing about whether a rush to the courthouse will result.
The
May 21 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 the justices split 7-2 in deciding 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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