Keli Duerson
Special Education Legal Case
April 15, 2014
Winkelman v. Parma City School District
Jeff and Sandee Winkelman and there then six year-old son Jacob, who is disabled, were
failed a FAPE from the Parma City School District in Ohio. The Winkelmans’ wanted to send
their son to a private school, but the school district opposed and planned to placed Jacob in a
public elementary school. Using their own money, the parents’ placed Jacob in a private school
and petitioned the federal District Court for reimbursement.
The District Court ruled in favor of the Parma City School District and the case was then
tried at the U.S. Court of Appeals. The case was dismissed due the Winkelmans’ not having
appropriate legal representation. However, the parents argued that according to IDEA by had the
right to appeal in a federal court and appear in court without a lawyer to ensure proper placement
of their child. Both arguments were rejected and concluded that IDEA does not establish a nonlawyer to represent a disabled child in federal court. Only the rights of the child are protected,
not the parents.
On May 21, 2007, The U.S. Supreme Court ruled in favor of the Winkelmans’ and that
IDEA does grant independent, enforceable rights of parents to represent their children. Justice
Kennedy expanded the definition of a FAPE by ruling that IDEA mandates that (a) parents must
be meaningfully involved in the development of their child’s IEP, (b) parents have enforceable
rights under the law, and (c) parental involvement in the special education process is crucial to
ensuring that children with disabilities receive a FAPE. Parents will play a significant role in
their child’s education identification, assessment, programming, and placement.
Parental involvement in the education of a non-disabled student is vital, so parental
involvement for a student with disabilities is just as, if not more, important. Parents are the
Keli Duerson
Special Education Legal Case
April 15, 2014
child’s biggest advocate. Despite having a disability, the parents are the people who know the
child the best. There should have never been a moment that the parents’ were not given rights to
be included in the decision making and placement of a child with disabilities. Sometimes it does
not take a legal representative, someone who does not know the child personally, to advocate for
them and ensure they receive a FAPE. If a parent is educated about their rights and the rights of
their disabled child, they should be awarded the right to legally represent them in any court of
law.
The Parma City School District failed not only the parents, but the child in not providing
a FAPE. The school district, in my opinion, was fully aware that parents have the right to send
their child to the school of their choice and the LEA is responsible for making sure the child
receives a FAPE in the least restrictive environment. The parents should have never had to pay
for the child or request reimbursement when the child was eligible for special education services.
As an educational diagnostician and a member of the ARD committee, my job is to
ensure that all children have valid and reliable evaluation results that confirm their eligibility or
denial of special education services. I must build a rapport with parents to gain insight of their
concerns and thoughts of their child’s suspected disability. Parents must be included in the
referral process from the beginning when consent is given to the conclusion of the ARD meeting.
This is the legal right of the parents and no one has the right to revoke their parental
participation.