The attorneys at the Law Offices of H. Jeffrey Marcus, P.C. provide representation to parents who believe their kids are not being properly served. In this blog, I present current developments in special education law. The focus is on recent federal and New York State cases and important legislative and regulatory developments.
Thursday, May 7, 2009
Counterclaim is not subject to IDEA statute of limitations
Jonathan H. v. The Souderton Area School Dist., 562 F.3d 527 (3rd Cir. 2009): School district's counterclaim, challenging award of compensatory education in IDEA action, was not “action” within meaning of limitations period applicable to party bringing civil action under IDEA, and, thus, counterclaim could be brought beyond IDEA's 90-day limitations period.
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