Supreme Court says parents don't need lawyer to sue over children's special ed needs

Parents need not hire a lawyer to sue public school districts over their children's special education needs, the Supreme Court ruled Monday.

The decision came in the case of an autistic boy from Ohio, whose parents argued they were effectively denied access to the courts because they could not afford a lawyer.

In Winkelman v. Parma City School District the Court held that parents of special needs children - in this instance parents of a child with autism - have independent, enforceable rights under the Individuals with Disabilities in Education Act (IDEA) [20 USC §1400] and can therefore represent themselves in IDEA litigation.

The high court overturned the Sixth Circuit decision in the case, which held that IDEA confers rights held only by the child and while parties are permitted to represent themselves in court, non-lawyers are not permitted to represent other parties pro se, and therefore the parents in the case could not proceed without an attorney. Read the Court's opinion per Justice Kennedy, along with a partial dissent from Justice Scalia.

This from WAVE TV. AP has more.