If you are a parent in need of help for a child with a disability, please email us at specialedlaw@mac.com, call us at 716-634-2753 or contact us through our website.

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.