Government urges review of parents’ IDEA role
on Sep 20, 2006 at 7:31 pm
The Justice Department on Wednesday urged the Supreme Court to clarify when a non-lawyer parent of a disabled child may file a lawsuit, without a lawyer, to enforce the child’s rights under the Individuals with Disabilities Education Act (IDEA). The Court had asked for the government’s views in an order last May 15. The complete brief filed by the Solicitor General is available here.
Filing in the case of Winkelman, et al., v. Parma City School District (docket 05-983), U.S. Solicitor General Paul D. Clement said “the Court should grant the petition…and decide to what extent, if any, parents of children with disabilities may proceed pro se in a federal court action pursuant to IDEA. As several courts of appeals…have expressly acknowledged, the circuits are divided on that question.”
Clement went on to argue that the Sixth Circuit Court ruling at issue in the case, barring parents from pursuing pro se lawsuits, “is inconsistent with the plain language, structure, and purposes of IDEA….The ability of parents to proceed pro se in federal court may facilitate the accomplishment of Congress’s goals in enacting IDEA.” Clement added that 2004 amendments to the Act “reaffirm that Congress intended to permit parents to proceed pro se in IDEA actions.”
The Sixth Circuit decision was stayed last December 2 by Justice John Paul Stevens. The Cleveland, Ohio, Bar Association has temporarily dropped an unauthorized practice of law complaint against another Ohio couple, under pressure from the Ohio Supreme Court. The Association has also threatened a similar prosecution of the couple involved in the Supreme Court appeal, Jeff and Sandee Winkelman.
Thanks to Jean-Claude Andre, who represents the petitioners, we have recevied electronic copies of essentially all of the relevant Supreme Court filings in this case. The original cert. petition in this matter can be downloaded here, the brief in opposition here, and the petitioner’s reply here. The petitioners also filed supplemental briefs; the first is available here and the second is available here.
Two amicus briefs supporting a cert. grant have also been filed at this stage. The one on behalf of the Autism Society of America, et al. can be found here, and the one on behalf of Parent Attorneys and Advocates, Inc., et al. can be found here.
