Supreme Court urged to clarify parents’ IDEA role

It is now just past the middle of September. Most of our children are back in school and will, we hope, have successful years in their classrooms thanks to the hard work of teachers, therapists, case managers, and school personnel.

Sometimes, in order for our autistic children to receive the appropriate education that is their right as described in IDEA, the Individuals with Disabilities Education Act, parents have had to take legal action. The Justice Department has urged the Supreme Court to clarify when a non-lawyer parent of a disabled child may file a pro se lawsuit to enforce the child’s rights under IDEA—that is, when a non-lawyer parent may file a lawsuit without a lawyer on behalf of their child’s educational rights under IDEA. As noted by Lyle Denniston in Scotusblog today:

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 Scotusblog post contains links to the complete brief filed by the Solicitor General, the original cert. petition, and other documents. Two amicus briefs, one filed on behalf of the Autism Society of America, have been filed.