Is Brian Woods of Akron, Ohio a) a great dad, or b) a scofflaw?

Daniel Woods, Brian's autistic son, probably would go for a). Unhappy with the quality of Daniel's education, Brian sued the school board and won several changes in Daniel's educational plan and about $160,000, according to a recent article in the New York Times

But the Cleveland Bar Association leans towards b). That's because Brian pursued his lawsuit without paying an attorney. Brian Woods was thus engaged in the unauthorized practice of law, in the view of the bar, which sued Woods seeking $10,000 in fines, lawyers fee, and a promise that he would not assist other parents seeking to represent their own children in court.

The Ohio Supreme Court was skeptical, and the association withdrew its complaint -- for now. Whether it's resurrected will depend on how the United States Supreme Court decides to rule in a pending case involving another set of Ohio parents with an autistic son. Jeff and Sandee Winkelman are pursuing a lawsuit against the Parma, Ohio school district. A federal appeals court ordered the Winkelmans to find a lawyer or face dismissal of the court, but Justice John Paul Stevens issued a stay of that order in December 2005.

The issue of parents representing their children "pro se" (without counsel) in IDEA cases won't go away without clear guidance from the Supremes. Some kind of ruling in the case could come soon.

The Council of Parent Attorneys and Advocates has filed a brief in support of the Winkelman's, noting that the cost of representation in a federal appeal can easily soar past $10,000, and that lawyers with expertise in special education are in short supply.

The position of those who insist that parents must hire lawyers in these cases would probably sit a lot better with parents and advocates for children if it was accompanied by a major commitment to providing such services pro bono for families that don't have that kind of money to spend. There's plenty of evidence that low-income and minority children are already under-served and over-identified for special education.