Winkleman Case To Determine Whether Parents Can Represent Claims In Court

The U.S. Supreme Court has another case relating to IDEA pending on its docket, Winkelman v. Parma School District from Ohio.  The underlying case from the Court of Appeals for the 6th Circuit is reported at Download Winkelman_v. Parma School District.pdf . In this very brief decision, the Federal Appeals Court held that IDEA does not permit parents to represent their children's rights in court. Parents apparently are smart  and capable enough to handle the rigors of representation at IEP meetings, mediation, resolution sessions and even at due process, but court is out of bounds according to the Winkleman court.  The Supreme Court is considering the parents petition to appeal the case to resolve a split in the Federal Courts of Appeal, as the 1st Circuit Court of Appeals based in Maine ruled the opposite way to Winkleman.  If the appeal is granted the case would be argued during the next term of the court.

As an aside Ohio is not a friendly legal climate for parents to advocate for their children's IDEA rights. As posted earlier the Ohio Bar Association filed a complaint against a parent for successfully pursuing a due process claim. The complaint was later dropped.