Justices Rule on Education Lawsuits
By THE ASSOCIATED PRESS
Published: May 21, 2007
WASHINGTON (AP) -- Parents need not hire a lawyer to sue public school districts over their children's special education needs, the Supreme Court ruled Monday.
The decision came in the case of an autistic boy from
Federal law gives every child the right to a free appropriate public education, which in the case of special needs children sometimes means enrollment in a private facility.
But most federal courts had concluded that parents who are not lawyers and who want to challenge decisions have to hire an attorney to represent them.
Justice Anthony Kennedy, writing for the court, said parents have legal rights under the Individuals With Disabilities in Education Act, the main federal special education law.
''They are, as a result, entitled to prosecute IDEA claims on their own behalf,'' Kennedy said.
The court sided with Jeff and Sandee Winkelman and their son, Jacob, in their fight against the
The Winkelmans can't afford a lawyer or the cost of private schooling for Jacob. Neither parent is a lawyer.
The parents objected to the
The Winkelmans have spent about $30,000 in legal fees since first contesting Jacob's treatment in 2003. Jeff Winkelman has taken a second job while his wife has researched previous court rulings and written her own filings.
Sandee Winkelman said she might press the case on behalf of her 9-year-old son with one of several attorneys who have offered to represent the family for free. If that doesn't work out, she said, the family would proceed without an attorney.
''I would prefer to give Jacob the best chance with an attorney. That's the best-case scenario,'' she said after the ruling was announced. ''I'm very pleased. It restored a lot of faith I have in the system.''
It is unclear how many parents forgo lawsuits because they can't afford them, although advocates for disabled children said in court papers that most parents of disabled children lack the means to hire a lawyer.
Parents unhappy with a district's plan can appeal the decision through an administrative process. If they remain dissatisfied, they can file a civil lawsuit on their child's behalf, federal courts have said. At that point, however, most courts have said the parents must hire a lawyer.
Whether Jacob should have private schooling at public expense was not before the Supreme Court, only his parents' right to go into federal court without a lawyer.
The 6th U.S. Circuit Court of Appeals had ruled in the school district's favor. Monday's ruling overturned that decision.
The case number is Winkelman v.
2 comments:
Anything that lessens the pressures on Parents.
My experience has included many legal pathways for the sake of my child. Why is it Administrators are so quick to offer us that option? Because they believe most will choose to walk away. I did not!
I chose to experience this path for myself.
The Path to Due Process.
The Administration accuses Parents like us of always wanting it Our Way. They tell us we are Stubborn. It seems 9-R and SJBOCS are guilty of this too. They belittle us, patronize us.
They determine what is offered. They determine what is acceptable and necessary. If you disagree with any of it they offer no discussion or compromise. Done Deal!
They do offer the path to Due Process. This New Decision by the Supreme Court, in favor of Parents, atleast spares us the expense required when hiring a lawyer.
Perhaps more parents will consider Due Process. This new decision by the Supreme Court lowers the expense quite substantially . The outrageous expense in pursuing justice for our children , up until now, has prohibited so many from traveling this course. Not any more.
I encourage all to journey down the road to Due Process if you are convinced they are screwing you and your children. Educate yourself and it can be done.
The "best" thing about 9-R school district and San Juan BOCES is that they keep the special ed. thing a big fat secret! They can string a parent a long for years, before owning up to admitting they are meant to provide a Free Appropriate Public Education to all.
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