A.A., by and through R.A. and P.A., Plaintiffs, v. Houston Independent School District, Defendant, 56 IDELR 267 (S.D. Tex., 2011)
On appeal in the United States District Court for the Southern District of Texas, a U.S. Magistrate recommended that the IDEA claims of a disabled student be dismissed. The underlying facts of this matter show that A.A. is a disabled student who attended school within the Houston Independent School District before being privately placed by his parents. A.A. allegedly failed to receive FAPE and allegedly was not evaluated appropriately. A.A., however, was not represented by counsel. Instead, A.A.’s parents, R.A. and P.A., brought the claims on his behalf. In addition, R.A. and P.A. maintained their own IDEA claims that they pursued in this action. Finding that A.A. could not receive legal representation through his parents as they are not licensed to practice law, the U.S. Magistrate recommended dismissal of these claims. This decision was based upon a Fifth Circuit ruling wherein the Fifth Circuit held that non-attorney parents may not appear pro se on behalf of their minor children. Harris v. Apfel, 209 F.3d 413 (5th Cir. 2000). Because the parents maintained their own rights under IDEA pursuant to Winkelman v. Parma School District, 550 U.S. 516 (2007), the parents’ IDEA claims were permitted to proceed.
This case represents an example of the appropriate application of procedural rules with respect to IDEA claims and also clearly demonstrates that IDEA claims of a student are clearly separate and distinct from those of the parents.
If you are interested in learning more, or if you have any questions and would like to discuss these developments further, please contact any of Brock Clay’s special education attorneys.
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