The Third U.S. Circuit Court of Appeals recently decided in G.L. by Mr. G.L. and Mrs. E.L. v. Ligionier Valley School District Authority, that although the IDEA calls for a two-year statute of limitation period for filing FAPE claims, parents are still allowed to seek relief for violations that predate the two-year time period. In the case, the parents of a disabled child filed for due process in 2012, but were seeking relief from the district for the time periods between 2008 and 2010. The District attempted to dismiss the matter, claiming the relief time period exceeded the two-year statute of limitations. However, the 3rd Circuit refused, indicating that while the complaint filing time frame is solidified in the statute, the IDEA allows for a “broad remedial scheme,” and noted that several federal courts have awarded compensatory education as relief for time periods longer than two years.
December 2015
