Wednesday, May 30, 2007

Will Winkleman bring more IDEA lawsuits?

Since the Supreme Court decision in Winkleman, many have predicted a big increase in special ed lawsuits. The holding of Winkleman was that parents may appear in federal court to represent their children and themselves without a lawyer.

I'm not sure that this ruling will be a catalyst for a large upswing in new filings. Parents already had the right to bring the administrative, or "due process," hearing without a lawyer. The Supreme Court decision applies only to appeals in federal court. Also, it is difficult enough to navigate the federal court procedures for lawyers. I don't think that many unrepresented parents will be able to be successful. On the other hand, many parent advocates seem to be psyched up by a "win" in the Supreme Court. The last two decisions by the Supremes were largely seen as anti-parent by these groups.

1 comment:

  1. I think there will be a flood of these lawsuits.