OLRS Files a Friend of the Court Brief in the Winkelman Case
OLRS has joined with the Ohio Legal Assistance Foundation and the Equal Justice Foundation in filing an amicus brief in the case of Winkelman v. Parma City School District in the United States Supreme Court. The brief, which was drafted in part by volunteer lawyers from Porter Wright Morris & Arthur (see Jacob Winkelman, et al., Petitioners,
v. Parma City School District - PDF file) supports the parents' right to advance their Individuals with Disabilities Education Act (IDEA) claims on behalf of their minor child with a disability in federal court without a lawyer. The United States Court of Appeals for the Sixth Circuit had ruled that the parents could not proceed without a lawyer to represent their child. The federal courts of appeals are split on the issue of whether a parent can proceed on IDEA issues without a lawyer in federal court, and the Supreme Court accepted the case to resolve this issue. The United States Departments of Justice and Education urged the Court to take the case and uphold the parents right to proceed "pro se" (without a lawyer) to enforce the child's rights under IDEA.
The amicus brief focuses on the fundamental constitutional right of parents to raise their children and make decisions about their education. It suggests that a ruling against the parents in this case would interfere with that right, and argues that no state interest, including the state's interest in prohibiting the unauthorized practice of law, is important enough to interfere with the parents' right. The brief urges the Justices to reverse the Sixth Circuit's decision. Other briefs are expected to emphasize language in the IDEA demonstrating that Congress intended for parents to represent their children in these matters.
The Court will hear arguments in late winter, with a decision in May or June of 2007.
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