Winkelman v. Parma City School District
Issues
When are parents able to bring Individuals with Disabilities Education Act claims, for themselves or their children, without legal counsel?
Jeff and Sandee Winkelman contested the adequacy of their eight-year-old autistic son’s “Individual Education Plan,” designed by Parma City School District, under the Individuals with Disabilities Act (IDEA). Both the administrative hearing board and the federal district court that heard the Winkelmans’ claim approved the plan. The Winkelmans appealed the decision without a lawyer. The court of appeals dismissed the Winkelmans’ claim, holding that parents are barred from litigating IDEA claims pro se on behalf of their children. The Winkelmans argue that IDEA permits pro se litigation, while Parma City claims educational policy and precedent suggest otherwise. Courts of appeals are split on whether parents can litigate pro se their own procedural IDEA claims, their children’s substantive IDEA claims, or neither. The case will settle the split and define the scope of parental rights under IDEA and pro se litigation under federal law in general.
Questions as Framed for the Court by the Parties
Whether, and if so, under what circumstances, non-lawyer parents of a disabled child may prosecute an Individuals with Disabilities in Education Act, 20 U.S.C § 1400 et seq., case pro se in federal court?
Under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. (2003), states and local school boards receive federal grants for assistance in educating children with disabilities. Any state receiving federal funds must provide each enrolling disabled child with a “free appropriate public education” (FAPE), which includes special education and related services tailored to the child’s needs. 20 U.S.C.
The authors would like to thank Professors Michael Heise and Andrea Mooney for their insight into this case.