2007 United States Supreme Court case
Winkelman v. Parma City School District |
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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 |
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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 |
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Prior | Judgment for Defendants, N.D. Ohio; appeal dismissed, No. 05–3886, 6th Cir., Nov. 4, 2005; cert. granted, 549 U.S. ___ (2006) |
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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. |
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- Chief Justice
- John Roberts
- Associate Justices
- John P. Stevens · Antonin Scalia
Anthony Kennedy · David Souter Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito
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Majority | Kennedy, joined by Roberts, Stevens, Souter, Ginsburg, Breyer, Alito |
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Concur/dissent | Scalia, joined by Thomas |
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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.[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]
See also
References
- ^ Winkelman v. Parma City School District, 550 U.S. 516, 526 (2007).
- ^ Winkelman, 550 U.S. at 535.
External links
Winkleman v. Parma City School District, 550 U.S. 516 (2007), URL: https://supreme.justia.com/cases/federal/us/550/516/