Washington – The Supreme Court on Monday opened the door for more parents of disabled children to challenge school districts over the quality of their children’s educations.
In a blow to school boards, the justices ruled that certain parents can sue without attorneys. That could be a green light to the courthouse for some of the 6.8 million families nationwide with children who rely on special education plans.
“It’s hardly a novel proposition to say parents have a recognized legal interest in the education and upbringing of their child,” Justice Anthony Kennedy declared.
Kennedy’s majority opinion grants parents “independent, enforceable rights” to obtain education free for their kids who have disabilities. This means that parents who are unhappy with school district decisions about their children with disabilities can file their own lawsuits even if they aren’t trained or licensed as lawyers.
Impoverished parents, in particular, may benefit from the ruling, while school boards may end up paying more to fend off additional lawsuits.
“Without question, a parent of a child with a disability has a particular and personal interest in fulfilling our national policy of ensuring equality of opportunity, full participation, independent living and economic self- sufficiency for individuals with disabilities,” Kennedy wrote.
The 1975 federal Individuals with Disabilities Act requires that school districts provide “free appropriate education” to children with disabilities. School officials and parents collaborate in preparing an “individualized education program” for each child who is identified as having disabilities.
In Ohio, Jeff and Sandee Winkelman fought over a plan written for their youngest son, Jacob, 9. The Parma City School District wanted Jacob placed in a public school. The Winkelmans wanted him in a specialized private school that costs about $60,000 a year.
Unhappy parents can first file an administrative appeal. An estimated 12,000 hearings are requested annually nationwide.
The Winkelmans sued after they lost their 2003 appeal. The Parma district, joined by school board officials nationwide, contended that the federal education law protected the child, not the parents. By this reasoning, nonlawyer parents are ineligible to sue on the child’s behalf.
The court concluded that since parents have the right to administratively appeal education plans, they should be able to follow up with legal action. This extends to parents who can’t afford lawyers, the court decided.
