Best of Luck, Winkleman Family

[Guest guest]

Best of luck to the Winkleman family as they go to the highest court in the land tomorrow. They'll be in my prayers...

Here's some more support for them from the NCD.

--Suzanne

National Council on Disability Speaks Out on Supreme Court Winkleman v.

Parma City School District Case Posted on : Mon, 26 Feb 2007

17:38:01 GMT | Author : National Council on Disability

News Category : PressRelease

WASHINGTON, Feb. 26 /PRNewswire-USNewswire/ -- National Council on Disability

(NCD) chairperson R. Vaughn today released the following statement

regarding the United States Supreme Court oral argument, which will be heard on

February 27, on whether parents may, without a lawyer (pro se), file a lawsuit

to enforce their child's rights under the Individuals with Disabilities

Education Act (IDEA).

The case of Winkleman v. Parma City School District (No. 05-983) addresses a

split among circuit courts, one circuit deciding that there are no limitations

on the parents' ability to prosecute pro se an IDEA case in federal court,

several circuits ruling that under IDEA parents can only represent pro se their

own interests and not those of their child, and the Sixth Circuit said in

Winkleman that parents cannot represent themselves or their kids in court under

IDEA.

independent federal

agency that is statutorily charged with the responsibility of promoting

disability laws and programs, NCD is concerned about maintaining the ability of

parents to obtain the rights and benefits guaranteed to their children under

IDEA.

Winkleman is a student with autism whose parents disagreed with the school

district's individualized education program (IEP) for . After

administrative hearings affirmed the IEP, 's parents chose to place him in

a private school at their own expense and petitioned a federal district court

for reimbursement. The district court denied their request. At that point, the

Winklemans had spent three years and $30,000 in legal fees on a household income

of less than $40,000 per year. When the Winklemans appealed the federal district

court decision, they sought to argue the case themselves because they could no

longer afford legal representation. The U.S. Court of Appeals for the Sixth

Circuit dismissed the suit finding that IDEA does not expressly provide for the

right of a parent to represent the interests of his/her child in federal court.

The circuit court also ruled that non-lawyer parents cannot represent themselves

either, because IDEA provides for the rights

of the child, not the parents. Based on the circuit court holding, the

Cleveland Bar Association initiated an investigation into whether the Winklemans

engaged in the unauthorized practice of law in attempting to pursue the matter

in federal court.

At stake is the extent of access to IDEA rights and protections for seven

million children and youth with disabilities. NCD affirms that in the nearly

three decades that NCD has monitored IDEA, it is clearly established that

parents are a main enforcement vehicle for ensuring compliance with IDEA. The

statutory scheme of IDEA makes parental involvement and access to legal services

integral to the protection of a child's rights under IDEA. In conducting its

series of evaluative studies on education, NCD has consistently received reports

from parents about their inability to find or afford lawyers to assist them with

receiving the full benefits of IDEA for their children. NCD also has found

through its research that families with children with disabilities are

overrepresented among poor populations. NCD notes that there is a severe

shortage in Ohio of attorneys with expertise in IDEA, and that the Ohio Legal

Rights Service accepts a small percentage of requests by families

for legal representation. Thus, it is critical to maintain the ability of

parents like the Winklemans to pursue on their own legal recourse if they

disagree with administrative decisions regarding the education of their child

and cannot find or afford an attorney. NCD also appreciates the position of the

U.S. Solicitor on the matter, who has submitted a brief to the U.S. Supreme

Court arguing that the Sixth Circuit holding is "inconsistent with the plain

language, structure, and purposes of IDEA."

NCD urges that the resolution of the Winkleman case give full effect to the

educational guarantees of IDEA by supporting the rights of parents to pursue the

interests of their children regardless of whether they have a lawyer to assist

them.

For more information, contact Mark Quigley or Jeff Rosen at 202-272-2004 or

202-272-2074 TTY.

Note: NCD is an independent federal agency making recommendations to the

President and Congress to enhance the quality of life for all Americans with

disabilities and their families.

National Council on Disability

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[Guest guest]

Our children's future are in their hands. If the Winkleman succeds, it will become a relevant case for such similar legal actions regarding our childrens interest. Best of luck, but more important, blessings to them all.SBShaft@... wrote: Best of luck to the Winkleman family as they go to the highest court in the land tomorrow. They'll be in my prayers... Here's some more support for them from the

NCD. --Suzanne National Council on Disability Speaks Out on Supreme Court Winkleman v.Parma City School District Case Posted on : Mon, 26 Feb 200717:38:01 GMT | Author : National Council on DisabilityNews Category : PressReleaseWASHINGTON, Feb. 26 /PRNewswire-USNewswire/ -- National Council on Disability(NCD) chairperson R. Vaughn today released the following statementregarding the United States Supreme Court oral argument, which will be heard onFebruary 27, on whether parents may, without a lawyer (pro se), file a lawsuitto enforce their child's rights under the Individuals with DisabilitiesEducation Act (IDEA).The case of Winkleman v. Parma City School District (No. 05-983) addresses asplit among circuit courts, one circuit deciding that there are no limitationson the parents' ability to prosecute pro se an IDEA case in federal

court,several circuits ruling that under IDEA parents can only represent pro se theirown interests and not those of their child, and the Sixth Circuit said inWinkleman that parents cannot represent themselves or their kids in court underIDEA. independent federalagency that is statutorily charged with the responsibility of promotingdisability laws and programs, NCD is concerned about maintaining the ability ofparents to obtain the rights and benefits guaranteed to their children underIDEA. Winkleman is a student with autism whose parents disagreed with the schooldistrict's individualized education program (IEP) for . Afteradministrative hearings affirmed the IEP, 's parents chose to place him ina private school at their own expense and petitioned a federal district courtfor reimbursement. The district court denied their request. At that point, theWinklemans had spent three years and $30,000 in

legal fees on a household incomeof less than $40,000 per year. When the Winklemans appealed the federal districtcourt decision, they sought to argue the case themselves because they could nolonger afford legal representation. The U.S. Court of Appeals for the SixthCircuit dismissed the suit finding that IDEA does not expressly provide for theright of a parent to represent the interests of his/her child in federal court.The circuit court also ruled that non-lawyer parents cannot represent themselveseither, because IDEA provides for the rightsof the child, not the parents. Based on the circuit court holding, theCleveland Bar Association initiated an investigation into whether the Winklemansengaged in the unauthorized practice of law in attempting to pursue the matterin federal court.At stake is the extent of access to IDEA rights and protections for sevenmillion children and youth with disabilities. NCD affirms that in the

nearlythree decades that NCD has monitored IDEA, it is clearly established thatparents are a main enforcement vehicle for ensuring compliance with IDEA. Thestatutory scheme of IDEA makes parental involvement and access to legal servicesintegral to the protection of a child's rights under IDEA. In conducting itsseries of evaluative studies on education, NCD has consistently received reportsfrom parents about their inability to find or afford lawyers to assist them withreceiving the full benefits of IDEA for their children. NCD also has foundthrough its research that families with children with disabilities areoverrepresented among poor populations. NCD notes that there is a severeshortage in Ohio of attorneys with expertise in IDEA, and that the Ohio LegalRights Service accepts a small percentage of requests by familiesfor legal representation. Thus, it is critical to maintain the ability ofparents like the Winklemans to

pursue on their own legal recourse if theydisagree with administrative decisions regarding the education of their childand cannot find or afford an attorney. NCD also appreciates the position of theU.S. Solicitor on the matter, who has submitted a brief to the U.S. SupremeCourt arguing that the Sixth Circuit holding is "inconsistent with the plainlanguage, structure, and purposes of IDEA."NCD urges that the resolution of the Winkleman case give full effect to theeducational guarantees of IDEA by supporting the rights of parents to pursue theinterests of their children regardless of whether they have a lawyer to assistthem.For more information, contact Mark Quigley or Jeff Rosen at 202-272-2004 or202-272-2074 TTY.Note: NCD is an independent federal agency making recommendations to thePresident and Congress to enhance the quality of life for all Americans withdisabilities and their families.National Council on

Disability Check out the new AOL. Most comprehensive set of free safety and security tools, free access to millions of high-quality videos from across the web, free AOL Mail and more.

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