Another Supreme Court Special Ed Decision

by Kristina Chew · 2009-06-30 14:14:00 UTC
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Gavel and law book from http://www.mississippifamilylawblog.com/Gavel%20and%20lawbook.jpg
Back in 2007, Jeff and Sandee Winkelman won a Supreme Court decision (05-983) that allowed them to sue their public school district regarding their child's special education needs even if they did not hire an attorney. The Winkelmans were unable to afford a lawyer to challenge the Parma, Ohio, school district’s plan to educate their autistic son Jacob in a public school autism program. After questioning the appropriateness of the education that Jacob would receive in the public school program, they requested that the Parma School District pay for tuition at a private autism school, the Monarch School in Shaker Heights.

Unfortunately, the Supreme Court ruled yesterday that Jacob is not entitled to be educated at a private school at taxpayer expense. As reported in the Associated Press (via NBC4i) about Winkelman v. Parma City School District, 08-1089, he Supreme Court rejected an appeal from the Winkelmans concerning reimbursement for tuition for Jacob at the Monarch School. Tuition at the Monarch School is about $64,500 a year. In noting the progress that Jacob has made, Sandee Winkelman said:

“I’m very sad.......We were right in pursuing it.“

..............
“Jacob still has a disability and we have to look out for what we needs. It took him four years before he could even sit at a desk."

The Supreme Court's decision is highly disappointing: What kind of education will Jacob receive now if the Winkelmans are (as seems to be the case) unable to pay for the Monarch School?

It has not been all bad news for special education in the courts, keeping in mind this recent Supreme Court decision, that, even if a child has never received special education services from a public school district, the child is entitled to be reimbursed for tuition to a private school. And please ask your Congressperson to support the IDEA Fairness Restoration Act.

If we're going to provide our children with the education and the future that they need and that is their right, we can never stop raising our voices and asking questions; we can never stop advocating.

Kristina Chew
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