The United States Supreme Court on Monday issued a unanimous ruling upholding the rights of parents of students with disabilities. The case, known as Winkleman v. Parma City School District, held that parents have independent, enforceable rights under special education law. Those rights go beyond procedural and reimbursement related matters to encompass also the entitlement to a free, appropriate education for their child.

The dispute in this case arose when the parents of a child with autism spectrum disorder filed a lawsuit against their school district. Normally, only attorneys can represent other people in court. The school district successfully dismissed the lawsuit because, they said, the parents had no right to represent their child in court.

On appeal, the Supreme Court reversed that decision. The court said that the parents represent real parties in interest in special education cases. Therefore, they may appear in court to represent themselves, even if they would not be authorized to represent their children.

This ruling represents a victory for parents in many ways. The court reiterated many of the rights parents enjoy under special education law. According to the Supreme Court, parents play a "significant role" in the process of determining the special education for their children. Some of their rights include:

• They must be included in the IEP team.
  
  
• The concerns parents have for enhancing the education of their children must be considered by the team.
  
  
• The IEP team must revise the IEP when appropriate to address certain information provided by the parents.
  
  
• The education must be provided at no cost to the parents.
  
  
• The parents must participate in the decision making process regarding the provision of a free appropriate education to their child.
  
  
• They might be reimbursed for their attorney fees if they prevail in a due process hearing against the school.
  
  Back to home page
  
  www.yourchild1st.com
  
  
  Contact us
  
  
  

  The information on this site is only for general educational purposes, and not for legal advice. Laws change, and their application may vary significantly depending on your circumstances. If you need legal advice, you must consult an attorney.  The choice of a lawyer is an important decision and should not be based solely upon advertisements.
  
  

  
  Copywright 2007 Scott Wasserman & Associates, LLC