	Background

The Individuals with Disabilities Education Act is both a grants statute and a civil rights statute. The Supreme Court granted certiorari on October 27, 2006. Cavanaugh v. Cardinal Local School District was dispositive of the question of whether non-attorney parents of a child with a disability could represent their child in court. Currently, there is a three way split in their determinations of this issue with some circuits finding that non-attorney parents may not proceed pro se , another circuit holding that non-attorney parents have no limitations on their ability to proceed, and other courts of appeals holding that parents can proceed on procedural claims but must use a lawyer for substantive claims.
The Supreme Court granted certiorari in Winkelman v. Parma City School District (05-983) to determine whether, and if so, under what circumstances non-attorney parents of a child with a disability may bring suit without using an attorney under the Individuals with Disabilities Education Act. The circuit courts are split in their determinations of this issue with some circuits finding that non-attorney parents may not proceed pro se , another circuit holding that non-attorney parents have no limitations on their ability to proceed, and other courts of appeals holding that parents can proceed on procedural claims but must use a lawyer for substantive claims. This report will not be updated.