Goldstein, Ackerhalt & Pletcher
70 Niagara Street, Suite 200 Buffalo , New York, 14202
Phone: 716-362-1533
Fax: 716-362-1534

The GAP Attorneys Blog

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

Posts Tagged ‘Statute of limitations’

District’s failures in developing IEP entitle parent to private tuition and compensatory education award.

Monday, April 8th, 2013

Ravenswood City School District v. J.S., 59 IDELR 77 (N.D. Cal. 2012):  A federal district court affirmed a hearing officer’s determination in favor of parents of a student with a specified learning disability, awarding the parents reimbursement for their unilateral placement as well as compensatory education.  The district failed to provide the student’s mother with notice of the IDEA’s procedural safeguards upon her referral to the IEP team, which left her unaware of certain rights.  Specifically, the student’s mother was left with the misimpression that the district could refuse to assess the student until it was provided with privately obtained test results.  As a result, the IEP team did not meet in a timely manner and the student was denied a free appropriate public education (FAPE).

Further, once the IEP team did meet, it failed to develop an adequate IEP suited to the student’s needs (most notably failing to properly address the student’s phonological awareness needs).  As a result, the parents unilaterally placed the student in a private program and sought reimbursement.  The hearing officer awarded the requested reimbursement, and 600 hours of tutoring as compensatory education (the hearing officer excused any failure on the parents’ part to file a timely due process complaint due to the district’s failure to timely provide notice of the parents’ procedural safeguards).  The court affirmed.

Tags: , , , , ,
Posted in Uncategorized | Comments Off on District’s failures in developing IEP entitle parent to private tuition and compensatory education award.

Statute of limitations tolls when school district failed to advise parents of rights and propose evaluation of student.

Thursday, May 3rd, 2012

Centennial School District v. S.D., 58 IDELR 45 (S.D. Pa. 2011):  A U.S. District Court held that the statute of limitations tolled for a student whose parents did not receive any notice from the school district regarding their rights under the IDEA.  The student’s asthma and gastro-intestinal condition often prevented him from attending school.

The school was aware of the student’s problems as early as kindergarten, and his problem persisted throughout his schooling.  Despite his attendance issues, the school never provided his parents with notice or explanation of their rights to an evaluation and a determination of eligibility for special education or related services as a student with a disability.  Although the parents never made a written referral to the IEP team, the Court determined that the student’s mother repeatedly raised concerns verbally and asked for help from the school district.  In light of these requests, the school district should have initiated an evaluation and provided the parents with procedural safeguards.  Since the district took neither step, the parents’ claim that the school district violated its child find obligation was deemed timely.

Tags: , , , , ,
Posted in Uncategorized | Comments Off on Statute of limitations tolls when school district failed to advise parents of rights and propose evaluation of student.

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.

Tags: , , ,
Posted in Uncategorized | Comments Off on Statutory period for appealing administrative decision does not apply to an independent action for attorneys’ fees

Parents denied reimbursement for independent education evaluation for failing to follow proper procedures

Monday, March 28th, 2011

P.L. by Liuzzo v. Charlotte-Mecklenburg Board of Education, 55 IDELR 46 (W.D.N.C. 2010):  The parents of a twelve  year-old, fifth grade student diagnosed with Pediatric Autoimmune Neuropsychiatric Disorder (PANDAS), who previously had been diagnosed with Asperger’s Syndrome, were denied reimbursement for the cost of an independent educational evaluation (IEE).  The parents had the student independently evaluated only eight days after they had sent a letter to the school district requesting the evaluation at school district expense.  The IDEA required the school district to, “without unnecessary delay,” either initiate a due process hearing to show its evaluation was appropriate or provide the parents with their requested evaluation, unless the school district can show that the IEE obtained by the parents did not meet school district criteria.  In the instant matter the school district, in their parent rights handbook, indicated to parents that they should not expect the school district to pay for an IEE unless they receive written approval for the evaluation.  The school district ultimately responded by rejecting the parents’ request for an IEE (which cost $3,250), and provided the parents with a list of approved evaluators and offered to pay for the cost of an IEE up to $800.  The Court determined that the school district responded to the parents “without unnecessary delay,” as required by the IDEA, since they responded within 60 days from the parents’ request, which is within the 60-day North Carolina statute of limitations for the school district to initiate a due process hearing to defend its evaluation.

Tags: , , , , ,
Posted in Uncategorized | Comments Off on Parents denied reimbursement for independent education evaluation for failing to follow proper procedures

Entries (RSS) | Comments (RSS).