Taking Off the Gloves
Maura Collinsgru
(Maura Collinsgru was the litigant in the landmark case, Collinsgru v. Palmyra Board of Education, the 3rd Circuit opinion barring parents from proceeding pro se in IDEA cases on appeal from administrative decisions. This was recently overturned by the U.S. Supreme Court ruling in Winkelman. Mrs. Collinsgru was the Executive Director of the Parent Information center of New Jersey, Inc., a nonlawyer representative in due process hearings, and is currently a student at the University of Pennsylvania. She is the mother of 3 children and has one grandchild.)
Meet Tom Freston
I was incensed at the local media’s characterization that the Freston case is notable for who the father is (Philadelphia Inquirer, 10/2/07) But, after some thought I came to realize there was more truth in that statement than I would like to admit. Truth be told, this is a game where increasingly only the rich are allowed to play. It is a system where the “right to due process” is driven by money not by need. If you need proof you need only look at the number and nature of special ed cases the Court has taken up in the last two years--each one, in some measure, relieving Districts of their burden--each one driven by a question of money at their very core. The media may wish to focus on Mr. Freston’s notoriety, but what about the fact that this is the 4th special education case taken up by the Court in two years? What about the combined ramifications of those cases? Does anyone want to talk about that?
The notoriety afforded Mr. Freston due to his past accomplishments pales in comparison to that bestowed on him now as a litigant before the Supreme Court. Its’ importance is hard to match. Like it or not, Mr. Freston has become the latest stand in for parents across the country, parents who must rely on the special education system and who will be affected by whatever decisions are made in his case.
The impact of any singular decision by the Court does not tell the whole story. Freston will not be decided in a vacuum. It will become part of a unique collection of decisions handed down since the reauthorization of IDEA in 2004. Parents, now saddled with the burden of proof (as per Schaffer), stripped of the right to collect expert fees (as per Murphy) and having been thrown a bone by the Court in having our rights to proceed pro se in civil (federal) actions reinstated (as per Winkelman) will now await what may be the last move in a game of chess between parents and districts. Will Districts be shouting “checkmate”?
Someone needs to look at the big picture here. Truth be told, in spite of the fact that the procedural safeguards memorialized in Section 615 of IDEA remain largely unchanged, the supreme rulers of the land have rendered much of it meaningless these past two years, giving parents permission to invoke due process while simultaneously stripping them of the opportunity to do so. I don’t know about you, but where I come from access without opportunity does not add up to equal protection under the law. Who among us will be left with opportunity?
Let me be the first to suggest that win or lose Mr. Freston consider using his notoriety and resources to extend a hand to help those who have been denied the opportunity to tell their stories. Shine the media spotlight on some of these true and compelling stories of how lives are damaged by a disparate and broken system. Let’s bring the truth to light so we can begin working on the real problems and help all our children succeed. All the Jasons and Troys of the world deserve their day as well.
I always held out hope that Michael Moore would catch onto this. But I think with his notoriety and experience Mr. Freston makes a better candidate. How about it Mr. Freston can you help?