D. K. Ex Rel. Kumetz-Coleman v. Huntington Beach Union High School District

554 F.3d 780, 2009 U.S. App. LEXIS 1770, 2009 WL 213056

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 30, 2009
• Docket: 06-55988
• Status: Published

Opinion

ORDER

After we granted permission for this interlocutory appeal under 28 U.S.C. § 1292(b), the Supreme Court held in Winkelman v. Parma City Sch. Dist. 550 U.S. 516, 127 S.Ct. 1994, 167 L.Ed.2d 904 (2007), that the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., gives parents substantive rights that they may vindicate pro se. Because the IDEA rights of parents and children are generally coterminous, see Blanchard v. Morton Sch. Dist., 509 F.3d 934, 936-37 (9th Cir.2007), the issue certified in this case, whether the parents may also represent their minor child’s IDEA rights pro se, is not ripe. Unless and until the rights or interests of the parents diverge from those of the child, a ruling on the issue would be advisory. We therefore vacate the order granting permission for this appeal. Nickert v. Puget Sound Tug and Barge Co., 480 F.2d 1039 (9th Cir.1973). After Winkelman was decided, the continued burden, expense and delay from staying district court proceedings and pursuing this interlocutory appeal was wholly unwarranted.

DISMISSED.