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The GAP Attorneys Blog

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

Posts Tagged ‘Aggrieved party’

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

Thursday, April 19th, 2012

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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Parent permitted to use Section 1983 to enforce hearing officer’s order

Monday, May 16th, 2011

Dominique L. v. Board of Education of the City of Chicago, 56 IDELR 65 (N.D. Ill. 2011): The Court determined that the Individuals with Disabilities Education Act (IDEA) provided the parent of a student with Attention Deficit Hyperactivity Disorder (ADHD) with no mechanism to seek court enforcement of the favorable decision of an impartial hearing officer (IHO), since only a party “aggrieved by the findings and decision” of a hearing officer could seek judicial review of that decision.  However, the Court was persuaded by the decisions of many circuit courts of appeals and ruled that the parent may use Section 1983 of the Civil Rights Act to enforce the IHO’s decision.

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