Monday, May 21, 2007
By Mark Sherman
The Associated Press
school districts over their children's special education needs,
the Supreme Court ruled Monday.
The decision came in the case of an autistic boy from
parents argued they were effectively denied access to the courts
because they could not afford a lawyer.
Federal law gives every child the right to a free appropriate
public education, which in the case of special needs children
sometimes means enrollment in a private facility.
But most federal courts had concluded that parents who are not
lawyers and who want to challenge decisions have to hire an
attorney to represent them.
Justice Anthony Kennedy, writing for the court, said parents have
legal rights under the Individuals With Disabilities in Education
Act, the main federal special education law.
"They are, as a result, entitled to prosecute IDEA claims on their
own behalf," Kennedy said.
The court sided with Jeff and Sandee Winkelman and their son,
Jacob, in their fight against the
The Winkelmans can't afford a lawyer or the cost of private
schooling for Jacob. Neither parent is a lawyer.
The parents objected to the
at a public school. They wanted the district to pay for his
$56,000 yearly enrollment in a private school that specializes in
educating autistic children.
The Winkelmans have spent about $30,000 in legal fees since first
contesting Jacob's treatment in 2003. Jeff Winkelman has taken a
second job while his wife has researched previous court rulings
and written her own filings.
It is unclear how many parents forgo lawsuits because they can't
afford them, although advocates for disabled children said in
court papers that most parents of disabled children lack the means
to hire a lawyer.
Parents unhappy with a district's plan can appeal the decision
through an administrative process. If they remain dissatisfied,
they can file a civil lawsuit on their child's behalf, federal
courts have said. At that point, however, most courts have said
the parents must hire a lawyer.
Whether Jacob should have private schooling at public expense was
not before the Supreme Court, only his parents' right to go into
federal court without a lawyer.
The 6th U.S. Circuit Court of Appeals had ruled in the school
district's favor. Monday's ruling overturned that decision.
The case number is Winkelman v.
983.
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