Winkelman v. Parma City School District, No. 04-4159 (6th Cir. Sept. 20, 2005)

The U.S. Court of Appeals for the Sixth Circuit, in a per curiam decision has ruled that parents who are not lawyers do not have the right to represent their child with disabilities, or themselves, in federal court under the federal Individuals with Disabilities Education Act (IDEA). Per curiam means the court, as a whole, issues the opinion, rather than one judge being designated as the author. Jeff and Sandee Winkelman, the parents of Jacob, a special education student, filed suit in an Ohio federal district court against the school district after an administrative hearing officer rejected their claim that Jacob’s individualized education program (IEP) failed to provide him with a free appropriate public education (FAPE) as required by IDEA. The Winkelmans proceeded in federal court pro se, i.e., representing themselves and their son without an attorney. The district court ruled in favor of the school district and the parents appealed to the U.S. Court of Appeals for the Sixth Circuit. The Sixth Circuit agreed with the school district’s argument that the parents did not have the authority to appear pro se in asserting their son’s rights under IDEA. Relying on its previous decision in Cavanaugh v. Cardinal Local School District, 409 F.3d 753 (6th Cir. 2005), the Sixth Circuit reiterated its rejection of the First Circuit’s reasoning in Maroni v. Pemi-Baker School Dist., 346 F.3d 247 (1st Cir. 2003).

Winkelman v. Parma City School District, No. 04-4159 (6th Cir. Sept. 20, 2005)
[Link to full opinion]