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At Wrightslaw, our goals are to help you gain the information and skills you need navigate the challenging, changing world of special education.
Highlights:
Breaking news - Supreme Court agrees to hear case and decide if parents can represent their children with disabilities pro se in IDEA cases; burden of proof case;
4th Circuit issues new decision in ABA reimbursement case; update on Surviving
Due Process: Stephen Jeffers v. School Board; Wrightslaw coming
to NY, IN, MO & AZ; free pub - Guide to IDEA 2004; annual conference
of the Council of Parent Attorneys & Advocates. Download
this newsletter.
Quote of the Week: "Other
circuits are split - and splintered in reasoning - on this question."
(Weast
v. Schaffer, 377 F.3d 449 (4th Cir. 2004)
Wrightslaw
is ranked #1 in education
law, special
education law, and special
education advocacy. (2004 Alexa rankings)
1. News! May Parents Represent Their Children in IDEA Cases? U.S. Supreme Court to Decide
Jacob Winkelman is a young child with an autism spectrum disorder. Jacob and his parents, Jeff and Sandee Winkelman, live in Ohio. Jacob's parents did not agree that the school's proposed placement in a district kindergarten program was appropriate for Jacob and requested a due process hearing. Other issues arose, including whether a private school that specialized in educating children with autism was the child's "current educational placement."
During due process hearings and administrative appeals, Jacob was represented by his parents. After his parents received an adverse decision from the U. S. District Court, they appealed to the U. S. Court of Appeals for the Sixth Circuit.
On September 20, 2005, the U. S. Court of Appeals for the Sixth Circuit ruled that parents may not represent their children, nor their own interests, in federal court, and must must retain an attorney. "...the IDEA does not grant parents the right to represent their child in federal court ... "[T]he text of the IDEA does not support the proposition that its guarantee of a [free appropriate public education] is a right that [a child] shares jointly with his parents." Jacob Winkelman, et al. v. Parma City Schools (6th Cir. 2005)
As we were researching this case, we realized that this is the infamous case in which the Cleveland Bar Association initiated an investigation into whether the parents were engaged in the unauthorized practice of law (UPL) when they represented their child in federal court. If found guilty, Jacob's parents could be fined $10,000 for each incident and the costs incurred by the Bar to prosecute them. (Bar Association Battles Parents by Patrick O'Donnell, Cleveland Plain Dealer, April 27, 2006)
The parents appealed to the U. S. Supreme Court.
Split Among Circuits
A brief by the Solicitor General of the United States described a split among circuits, and asked the Supreme Court to "resolve this inter-circuit split."
On October 27, 2006, the U. S. Supreme Court agreed to hear Jacob's case and and resolve a split among circuits about whether parents can represent their children with disabilities in federal court.
Decision: The decision in Jacob Winkelman, et al. v. Parma City Schools is available at: https://www.wrightslaw.com/law/caselaw/05/6th.winkelman.parma.pro.se.htm
We are continuing to work on a comprehensive article about Jacob Winkelman, et al. v. Parma City Schools and expect to publish it within the next few days.
Petition for Certiorari
Jacob Winkelman's Petition for Certiorari prepared by his attorney, Jean-Claude Andre, is available at
http://www.harborhouselaw.com/law/plead//winkelman,petition.cert.pdf
Read Supreme Court Agrees to Hear Burden of Proof Case!
More Special Education News
More Special Education Caselaw
More Autism / ABA Caselaw
2. Fourth Circuit Issues New Decision in ABA Reimbursement Case
3. Update on Surviving Due Process: Stephen Jeffers v. School Board
4. Representing The Special Education Child: A Manual for the Attorney & Advocate by Peter W.D. Wright, Esq.
The Individuals with Disabilities Education Act includes rules for resolving disputes and complaints. These rules include mediation, due process hearings, and appeals to state or federal court.
Due process hearings are usually formal, contested, adversarial trials. Special education cases are similar to medical malpractice cases, with battles of expert witnesses, and the emotions of bitterly contested divorce cases with child custody and equitable distribution issues.
Before you request a due process hearing, you should be familiar with the federal statute and regulations and your state special education statute and regulations. You should also read the Rules of Adverse Assumptions. (Chapter 21, Wrightslaw: From Emotions to Advocacy)
For an excellent overview, read Special Education Due Process Hearings by Sonja Kerr, Esq.
Then download and read Representing The Special Education Child: A Manual for the Attorney & Advocate by Peter W.D. Wright, Esq.
To fully prepare, you also need to know how school board attorneys frame their cases. Read Special Education Law: The School Board Perspective by Kathleen S. Mehfoud, Esq.
Learn more about due process hearings.
5. Coming Soon! Wrightslaw Programs in NY, Indiana, Missouri, Arizona
Wrightslaw
Special Education Law and Advocacy Training Programs focus on four
areas: special education laws, rights & responsibilities; how to use
the bell curve to measure educational progress & regression; SMART
IEPs; and advocacy tactics & strategies.
Long
Island, NY: March 4-5, 2005 (Mini Boot Camp)
Fort
Wayne, IN: March 25, 2005
(Advocacy Training) Attorney Wayne
Steedman and advocate Pat
Howey present a full-day Wrightslaw training program.
Kansas City, MO:
March 29, 2005 (Advocacy Training) -
NEW
Glendale,
AZ: April 1-2, 2005 (Boot Camp)
All
participants will receive two books, Wrightslaw:
Special Education Law and Wrightslaw:
From Emotions to Advocacy, (Value: $59.90), and the new publication,
The Individuals
with Disabilities Education Improvement Act of 2004: Overview, Explanation
and Comparison of IDEA 2004 & IDEA 97 by Peter Wright.
If you are interested in bringing a Wrightslaw
program to your community, please read FAQs
about Seminars.
6. Guide to IDEA 2004 - Frequently Asked Questions
When it comes to IDEA 2004, confusion reigns. Guide to IDEA 2004: Frequently Asked Questions clears up some of this by describing changes in several key areas;
* Highly
Qualified Teachers
* Funding
* Rights to Children Who Attend Private Schools
* Responsibilities of charter schools.
* New Requirements about medication
* Timelines for Evaluations, Eligibility & IEPs
* When Children Move - to another district, to another state
* Parental consent for evaluation or special ed services
* Participation in State Assessments
* Alternate assessments?
* IEPs & IEP Team members
* Procedural Safeguards
* Mediation & legally binding agreements
* Resolution sessions
* Qualifications for hearing officers
* Discipline & manifestation reviews
Guide
to IDEA 2004: Frequently Asked Questions was published by the Committee
on Education and the Workforce on February 16, 2005.
More Free Pubs
One obstacle in advocating for a child with a disability is finding the
time to do research. We spend hours collecting information so you can
spend your time learning, not searching.
When you visit our Free
Pubs page, you can download free publications about dozens of topics
- IEPs, special education, autism, transition, reading, children's mental
health, harassment, high-stakes testing, retention and social promotion,
zero tolerance, discipline, and more.
7. Annual Conference: Council of Parent Attorneys and Advocates in Atlanta (March 10-13, 2005)
The Council of Parent Attorneys and Advocates (COPAA), a national organization of parents of children with disabilities and their advocates and lawyers, will hold their annual conference in Atlanta on March 10-13, 2005.
The conference provides unique opportunities for training and networking with experienced, knowledgeable attorneys and advocates on special education issues. Participants will learn about recent cases, legislative changes, and tactics.
On Thursday
and Friday, March 10-11, there will be four
intensive hands-on skills trainings:
Track 1: Parents and Advocates Skills Training
Track 2: Due Process Hearings For Attorneys
Track 3: Federal Litigation For Attorneys
Track 4: Orton Gillingham Course
Download
& Distribute Info l Conference
at a Glance l Conference
Info & Registration l Online
Registration
Cost:
Fees vary, depending on days attended and membership status. Tell them
Pete & Pam sent you!
8. Subscription & Contact Info
The
Special Ed Advocate is a free online newsletter about special education
legal and advocacy issues, cases, and tactics and strategies. Subscribers
receive "alerts" about new cases, events, and special offers
on Wrightslaw books.
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Contact
Info
Pete
and Pam Wright
Wrightslaw & The Special Ed Advocate
P. O. Box 1008
Deltaville, VA 23043
Website: https://www.wrightslaw.com
Email: newsletter@wrightslaw.com
