On February 26, National Council on Disability (NCD) chairperson John R. Vaughn released a statement regarding the U.S. Supreme Court oral argument, which was 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 saying in Winkleman that parents cannot represent themselves or their kids in court under IDEA.
As an 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.
Chairperson Vaughn concluded by urging 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.
The entire statement with links to related NCD publications is available.
All About Developmental Disabilities (AADD) is Atlanta's preeminent resource on developmental disabilities, providing support services to families for more than 55 years. We are often the one place where people with developmental disabilities can go to achieve personal empowerment, family stability and community participation. AADD provides family support; public policy and advocacy; and community engagement.
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