« Film: Normal People Scare Me | Main | SMART Meeting: March 31 »
Special Education Litigation
By Richard | March 2, 2007
Lawyer Argues for Parents’ Right to Sue
By Mark Sherman | The Associated Press, Washington Post
WASHINGTON — Parents should not be forced to hire a lawyer to sue public school districts over their children’s special education needs, the lawyer for parents of an autistic child told the Supreme Court Tuesday.
“What we’re advocating here is access to the courts,” said Jean-Claude Andre, who represents Jeff and Sandee Winkelman, and their son, Jacob, in their fight against the Parma, Ohio school district.
Until now, most federal courts have said parents don’t have the right to sue and, if they are not lawyers, cannot represent their children in lawsuits filed under the Individuals With Disabilities in Education Act, the main federal special education law.
The Winkelmans can’t afford a lawyer or the cost of private schooling for 9-year-old Jacob. Neither parent is a lawyer.
The parents objected to the Parma schools’ plan to educate Jacob 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
The special education 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. MORE
Topics: In The News, Advocacy |