D.K. Ex Rel. Kumetz-Coleman v. Huntington Beach Union High School District
Opinion
Opinion
Carney, J.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS PLAINTIFFS’ COMPLAINT
D.K., an autistic high school student, and his parents seek judicial review of an administrative decision denying D.K. requested special education services and re imbursement for educational services paid for by his parents during the 2004 extended school year and 2004-2005 school year, pursuant to the Federal Individuals with Disabilities Education Act (“IDEA”). (Complaint, ¶¶ 15-16.) Neither D.K. nor his parents are represented by counsel. Defendant Huntington Beach Union High School District (the “District”) moves to dismiss Plaintiffs’ Complaint on the ground that D.K’s parents may not represent their child in federal court pro se. D.K’s parents argue that the IDEA does allow them to represent their son pro se or, in the alternative, that they may sue pro se in their own capacities as “parties aggrieved” under the IDEA’S right-to-sue provision, 20 U.S.C. § 1415 (i)(2)(A). Because the Court holds that parents of disabled children are “parties aggrieved” under the IDEA, entitled to enforce their own substantive rights under that statute, the District’s motion is DENIED.