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Parent tells board school attorneys sought to block federal court access in special-education case
Summary
A parent who said she is assisting families described litigation steps and argued school lawyers improperly tried to prevent pro se parents from bringing a federal lawsuit, citing the 2007 Winkleman decision.
Linda Montalbano, a parent and advocate who addressed the Highlands County School Board during public comment, described a special-education dispute that she said is now in federal court and criticized how the district's outside counsel handled procedural issues.
Montalbano told the board that in a December federal filing the school district's attorney argued a parent could not proceed to federal court without an attorney. "They cannot go pro se," she said the school attorney argued. Montalbano disputed that account and cited the 2007 Winkleman decision as allowing parents to represent their children in such cases.
She said a federal judge ordered the parties to mediation within 90 days of an anticipated trial, and she said the judge did not dismiss the federal claim. Montalbano said the district's outside counsel did not respond substantively to the federal complaint and instead focused on procedural arguments.
Why it matters: The comments raise concerns about access to federal court for parents pursuing claims under special-education law and call attention to how school-district counsel handle due-process proceedings. Several speakers during the meeting emphasized that outside counsel, not the board's in-house attorney, handles ESE litigation.
Board context: School board attorney (present at the meeting) clarified during board comments that outside counsel, distinct from the board's retained school attorney, represents the district in some ESE matters. The attorney emphasized that she is not the outside counsel referenced by speakers.
What was said: Montalbano recounted procedural history, including administrative due process hearings and a judge's ruling on mediation. "In 02/2007, Winkleman ... came down saying that mommies and daddies can represent their children at all ages," she told the board.
What was not decided: The board did not take action on the specific case during the meeting; Montalbano's remarks were public comment.
