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The GAP Attorneys Blog

Meeting the needs of people with disabilities, their families, educators & service providers

Statutory period for appealing administrative decision does not apply to an independent action for attorneys’ fees

P.M. v. Evans-Brant Central School District, 58 IDELR 72 (W.D.N.Y. 2012): The court refused to dismiss an independent action for attorneys’ fees brought by the parents of a student with a disability.  The court did not apply the 90-day statute of limitations period provided for under the IDEA (nor the 4 month period provided for under New York state law), which apply to an “aggrieved” party’s appeal of an administrative decision.  The IDEA provides for an independent cause of action for attorneys’ fees based on a party “prevailing” (as distinguished from being “aggrieved”) during the administrative process.  Since the neither IDEA nor New York state law specifies a statute of limitations for an independent action for attorneys’ fees, the most analogous statutory period under state law, in this case three years, should be applied to such an action.

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This entry was posted on Thursday, April 19th, 2012 at 7:54 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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