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Supreme Court held in Winkelman v. Parma City School District, 550 U.S. 516, that parents have independent enforceable rights under the Individuals with Disabilities Education Act and may appear pro se on behalf of their children. 2005 – Spiro Nikolouzos was a Texas man incapacitated from bleeding related to a cerebral shunt, whose care was the subject of an appeal of The Texas Futile Care Law. Nikolouzos was hospitalized on February 10, 2005, at St. Luke’s Episcopal Hospital, Houston, Texas, and was in a persistent vegetative state. He was fed through a gastric feeding tube and respirated by a ventilator.

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The school district reimbursed Freston for tuition to the school. Two years later the school district offered a place for Gilbert at a different public school. Freston declined the offer and again sought reimbursement for private school tuition. A United States district court ruled that because Gilbert had never been enrolled in public school, IDEA did not require the school district to reimburse Freston. The court held that upholding the district court ruling would require parents to enroll their children in inadequate public schools as a condition of eligibility for tuition reimbursement.