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Feb 27, 2007 · A Supreme Court case that decided whether parents of disabled children can represent themselves in federal court under the Individuals with Disabilities Education Act (IDEA). The Court ruled that parents have enforceable rights and can sue on their own behalf or their child's.
The case involves the rights of parents to represent their child with autism in federal court under IDEA. The Court held that IDEA grants parents independent, enforceable rights to seek a free appropriate public education for their child.
- Parties’ Arguments
- Consequences of Possible Outcomes
- The Winkelmans’ Arguments
- Parma City School District’S Arguments
- GeneratedCaptionsTabForHeroSec
The District argues that the Winkelmans lack sufficient legal expertise to litigate complicated claims and could make mistakes that would harm their child in the future. See Respondent’s Brief in Opposition to Petition for Writ of Certiorari (Brief Opposing Writ) at 16–17; Brief for Nat’l School Bds. Ass’n as Amici Curiae in Support of Respondents ...
A Supreme Court decision could result in three different outcomes. First, the Court could follow Cavanaugh and hold that parents cannot prosecute any IDEA claims pro se. This would lead to the surprising conclusion that parents cannot even bring claims based on their own rights under IDEA. Second, the Supreme Court could permit parents to prosecute...
The Winkelmans have three basic arguments: (1) that the legislature intended the IDEA to allow parents to proceed pro se; (2) that allowing parents to proceed pro seis the best policy for promoting education of children with disabilities; and (3) parents are the best advocates for their children. The IDEA dictates that parents play a strong role in...
The School District first argues that nothing in the text of IDEA or the legislative history behind the statute changed the common law rule forbidding parents from litigating pro sein IDEA cases. They also argue that compelling parents to retain professional legal counsel for IDEA claims protects the child’s educational interests and better serves ...
A case about whether parents can litigate IDEA claims pro se in federal court for their disabled children. The Supreme Court resolved the circuit split and held that parents have a right to represent themselves in IDEA proceedings.
Winkelman v. Parma City School District, 550 U.S. 516 (2007), is a civil suit under the Individuals with Disabilities Education Act decided by the Supreme Court of the United States. Justice Kennedy held for the seven-justice majority that parents may file suit under IDEA pro se.
Oct 21, 2014 · Brief. Winkelman v. Parma City School District - Amicus (Merits) Docket Number. No. 05-983. Supreme Court Term. 2006 Term. Type. Merits Stage Amicus Brief. Court Level. Supreme Court. No. 05-983. In the Supreme Court of the United States. JACOB WINKELMAN, A MINOR, BY AND THROUGH HIS. PARENTS AND LEGAL GUARDIANS, JEFF AND SANDEE.
May 21, 2007 · No. 05–983. Argued February 27, 2007—Decided May 21, 2007. Respondent school district receives federal funds under the Individuals with Disabilities Education Act (Act or IDEA), so it must provide children such as petitioner Winkelmans’ son Jacob a “free appropriate public education,” 20 U. S. C. §1400 (d) (1) (A), in accordance with ...
JACOB WINKELMAN, A MINOR, BY AND THROUGH HIS PARENTS AND LEGAL GUARDIANS, JEFF AND SANDEE WINKELMAN, ET AL., PETITIONERS v. PARMA CITY SCHOOL DISTRICT ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT [May 21, 2007] JUSTICE KENNEDY delivered the opinion of the Court. Some four years ago, Mr. and Mrs. Winkelman ...
