Supreme Court Decides Winkelman Case

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Dear Friend of ASO:

A landmark case from the US Supreme Court. The ASO filed a "friend of the court" brief with the Ohio Coalition for the Education of Children with Disabilities supporting a parent's right to represent their minor children in federal court.

FYI - please share.

Sincerely,

Barbara C. YavorcikPresidentAutism Society of Ohio701 S. Main St.Akron, OH 44311(330) 376-0211fax: (330) 376-1226email: askASO@...home: byavorcik@...web: www.autismohio.org

FOR IMMEDIATE RELEASE CONTACT: Marguerite Colston

Phone: (240) 672-4374

Email: mcolston@...

Supreme Court Decides for Parents in Winkelman v. Parma

Court Rules 7–2 That Parents Can Represent Children’s IDEA Rights in Federal Court

Bethesda, MD (5/21/2007) – The Autism Society of America, the nation’s largest parent-led autism advocacy organization, applauds the Supreme Court for its landmark decision today in Winkelman v. Parma City School District, 05-983.

The issue concerned the rights of a non-lawyer parent of a minor child with a disability—in this case, autism—to represent his or her child in a federal court under the Individuals with Disabilities Education Act (IDEA). Justice Kennedy, writing for the majority, concluded that “parents have enforceable rights at the administrative stage, and it would be inconsistent with the statutory scheme to bar them from continuing to assert those rights in federal court at the adjudication stage.â€

The case began when the parents of Winkelman, a young child with an autism spectrum disorder (ASD), sought to represent their child in federal court over a school placement dispute under IDEA. The Winkelmans lost and, on appeal, the 6th Circuit held that while parents may represent their children in administrative proceedings (such as a due process hearing), they may not appear in federal court to assert their child's substantive rights to a “free and appropriate public education.†In February 2006, the case was brought to the Supreme Court and the Bush administration supported the parents’ interpretation in this case.

“This is a welcome boost for all families living with autism,†said Lee Grossman, President and CEO of ASA. “Until such time that individuals with disabilities and their families are on an equal playing field with the school districts in obtaining sound legal representation, we all need to support parents' abilities to advocate for and represent their child.†ASA’s Ohio chapter, the Autism Society of Ohio, filed an amicus brief in support of the petitioner on December 15, 2006. ASA works actively with its partner disability organizations to help ensure all 6.6 million children in America who are covered by IDEA receive a free and appropriate education in the least restrictive environment.

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About Autism

Autism is a complex neurological disorder that typically appears during the first three years of life and impacts development in the areas of social interaction and communication skills. Both children and adults with autism typically show difficulties in verbal and non-verbal communication, social interactions, and sensory processing. According to the CDC, autism now affects an estimated 1 in 150 American children.

About the Autism Society of America

ASA is the oldest and largest membership organization dedicated to autism in the United States. Today, more than 190,000 members and supporters are connected through a working network of nearly 170 chapters nationwide. ASA is dedicated to increasing public awareness about autism and the day-to-day issues faced by individuals with autism, their families and the professionals with whom they interact. See what's free at AOL.com.