Winkelman v. Parma City School District

Supreme Court of the United States

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

Prior history

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

Chief Justice John G. Roberts

Associate Justices John P. Stevens · Antonin Scalia Anthony Kennedy · David Souter Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito

Case opinions

Majority

Kennedy, joined by Roberts, Alito, Stevens, Souter, Breyer, Ginsburg

Concur/dissent

Scalia, joined by Thomas

Laws applied

20 U.S.C. § 1400(d)(1)(A)

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. 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.

External links

Text of the Decision (Html version)

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