Court: Parents can't represent son

The parents argue the school district has an inadequate plan for the boy.
PARMA, Ohio (AP) -- The parents of an autistic child who they say is not getting proper accommodations from his school district want to argue the court case without hiring an attorney.
But because Jeff and Sandee Winkelman would be representing their child and not themselves, the 6th U.S. Circuit Court of Appeals has said they must have an attorney present the case.
"There are a lot of families like the Winkelmans who can't afford a lawyer to represent them," said Jean-Claude Andre, a Los Angeles attorney. "Parents of modest means are at an extreme disadvantage if they can't fight for their children in federal court."
Andre has volunteered to help the Winkelmans as they try to get the U.S. Supreme Court to overturn the circuit court ruling and let them plead their own case.
The Supreme Court agreed earlier this month to delay closing the case. Andre is preparing a full appeal.
The Winkelmans have spent about $30,000 in legal fees since first contesting their son Jacob's treatment in 2003. Jeff Winkelman has taken a second job while his wife has researched previous court rulings and written her own filings.
"If you can't find or pay for an attorney, you're done," Sandee Winkelman said.
Parents' argument
The Winkelmans say the Parma school district does not have a plan to adequately address the behavioral problems related to 6-year-old Jacob's autism. They want the district to pay for his $56,000 yearly enrollment in a private school that specializes in educating autistic children.
But the school district says Jacob will benefit more from being around children without disabilities. The Winkelmans' repeated challenges are frivolous and have cost the district $192,000, school board officials said.
"Every step of the way, we've won," school board President Kevin Kelley said. "It's now becoming a nuisance."
State hearing officers and the U.S. District Court in Cleveland have sided with district officials, who have said a ruling requiring the district to pay for Jacob's private-school enrollment would open doors for hundreds of similar lawsuits.
About 2,000 of the district's 13,000 students have some sort of disability, and the district cannot afford to pay for such care for all of those students, Superintendent Sarah Zatik said.
Also at issue are procedural matters that arise when parents plead their own cases, said attorney Christina Henagen Peer, who represented Geauga County's Cardinal schools in a similar representation case.
People who are not as familiar with the law can cause delays, leading to extra expenses, Peer said. Parents are allowed to plead their own cases to state hearing officers.