Law Offices of H. Jeffrey Marcus P.C.
Thursday, June 26, 2008
Important case addressing exceptions to IDEA 2 year statute of limitations
D.G. v. Somerset Hills School District: The IDEA prescribes a 2 year statute of limitations. In this recently decided D.C. case, the federal court held that the 2 year limit did not apply because the district failed to provide the parent with written notice of procedural safeguards and due process rights. Additionally, the court held that the continuing violation doctrine applied making the parent’s claim timely finding that the district’s “alleged actions and omissions were part of a continuing practice and the last act evidencing the continuing practice occurred in June 2006, a date within the IDEA's two-year statute of limitations period”.