TO: NDSC Members and Affiliated Parent Groups

FROM: Susan Goodman, Director Governmental Affairs

DATE: May 29, 2007

Supreme Court Reaffirms Parents Rights
In Winkelmann v. Parma
NDSC joined case as “friend of the Court”

On May 21, 2007, the Supreme Court issued a decision in Jacob Winkelmann v. Parma City Schools , an Ohio case which is seen as the first pro-parental rights, pro-child decision by the Supreme Court in the last several years. The question before the Court was "whether parents, either on their own behalf or as representatives of the child, may proceed in court unrepresented by counsel though they are not trained or licensed as attorneys." The court found that parents have the right to represent themselves and their child in Court, even though they are not attorneys.

The case was brought by Jeff and Sandee Winkelmann, parents of 6-year-old Jacob who has autism, alleging that Jacob had not been provided with a free appropriate public education; that his IEP was inadequate; and that the school district had failed to follow procedures mandated by IDEA.

This decision reaffirmed the parent’s rights to play an active role throughout the entire educational process. According to Pete and Pam Wright of http://wrightslaw.com , a premier special education website, “the Winkelman decision goes far beyond the question about whether parents can represent their children in court.”

The areas discussed by the Court include: Individualized Education Program (IEP) procedures; criteria to determine a Free Appropriate Public Education (FAPE); procedural mechanisms for IEP disputes ; and, parental reimbursement.

The Court found that "... the Act does not ... bar parents from seeking to vindicate the rights accorded to them once the time comes to file a civil action. Through its provisions for expansive review and extensive parental involvement, the statute leads to just the opposite result."

To read the entire decision and the excellent analysis by Pete Wright, go to http://wrightslaw.com.

Please Continue the Good Work on the Direct Support Professionals Act

In our April 9th and May 15th Newsline, we asked readers to send letters to their representatives in the United States House of Representatives asking them to co-sponsor H.R. 1279, the Direct Support Professionals Fairness and Security Act. As a result of this call to action by NDSC and other national organizations, eight new U.S. representatives have agreed to co-sponsor this important legislation.

Direct support professionals are key to the quality of life our children lead as adults. They provide support in important daily life activities that enable individuals with disabilities to be independent. Their wages, however, barely meet the minimum wage in many areas. This is a grave injustice to those to whom we entrust our children’s welfare and compromises their quality of life.

If you have not already done so, please contact your Representative and ask him or her to co-sponsor H.R. 1279, the Direct Support Professionals Fairness and Security Act. To see if your Representative is a co-sponsor, go to http://thomas.loc.gov and key in the bill number above. http://ga4.org/campaign/mothersday2007 . To get information about your Representative, go to www.congress.org .

A sample letter is printed in the last Newsline and may be found at http://www.ndsccenter.org/gov/newsline.php . Please send a copy of your letter to Susang1961@aol.com .

If you have questions or comments about this Newsline, please contact Susang1961@aol.com .