Winkelman v. Parma City School District
2007 United States Supreme Court case From Wikipedia, the free encyclopedia
Winkelman v. Parma City School District, 550 U.S. 516 (2007), is a civil suit under the Individuals with Disabilities Education Act decided by the Supreme Court of the United States. Justice Kennedy held for the seven-justice majority that parents may file suit under IDEA pro se.[1] Justice Kennedy declined to reach the question whether parents may represent the interests of their children pro se, instead concluding that IDEA created a set of independently enforceable rights in parents.[2]
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| Winkelman v. Parma City School District | |
|---|---|
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| Argued February 27, 2007 Decided May 21, 2007 | |
| Full case name | Jacob Winkelman, a Minor, By and Through His Parents and Legal Guardians, Jeff and Sandee Winkelman, et al., Petitioners v. Parma City School District |
| Citations | 550 U.S. 516 (more) 127 S. Ct. 1994; 167 L. Ed. 2d 904; 2007 U.S. LEXIS 5902; 75 U.S.L.W. 4329; 20 Fla. L. Weekly Fed. S 287 |
| Case history | |
| Prior | Judgment for Defendants, N.D. Ohio; appeal dismissed, No. 05–3886, 6th Cir., Nov. 4, 2005; cert. granted, 549 U.S. ___ (2006) |
| Holding | |
| Parents can file suits under IDEA pro se because they are vindicating parental rights, rather than simply enforcing the rights of their children. Sixth Circuit reversed and remanded. | |
| Court membership | |
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| Case opinions | |
| Majority | Kennedy, joined by Roberts, Stevens, Souter, Ginsburg, Breyer, Alito |
| Concur/dissent | Scalia, joined by Thomas |
| Laws applied | |
| 20 U.S.C. § 1400(d)(1)(A) | |
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