Winkelman v. Parma City School District
The Winkelmans sued the Parma City School District seeking under the Individuals with Disabilities in Education Act (IDEA), seeking an appropriate educational placement for their son. The Winkelmans, who are not lawyers, acted as their child's attorney in the administrative proceedings and in the district court. On appeal to the Sixth Circuit Court of Appeals, the court held that the Winkelmans were not entitled to act as their child's attorney. The court followed prior circuit precedent, which held that parents are entitled to represent their child in administrative proceedings, but "the IDEA does not grant parents the right to represent their child in federal court.”
Question Presented:
The question presented, over which there is a three-way split among six circuits, is: Whether, and if so, under what circumstances, non-lawyer parents of a disabled child may prosecute an Individuals with Disabilities in Education Act, 20 U.S.C. sec. 1400 et seq., case pro se in federal court.
