A Capehart Scatchard Blog

Tag: Special Education (IDEA) & Section 504 of the Rehabilitation Act

IDEA Does Not Limit Compensatory Education Claims to Two Years

On September 22, 2015, the Third Circuit Court of Appeals issued a decision that will have widespread implications for New Jersey school districts in defending against claims brought by parents of special education students pursuant to the Individuals with Disabilities Education Act (“IDEA”).  The IDEA authorizes the courts to award compensatory education as remedy to a special education student who is successful in his or her claim that a public school district deprived the student of a free appropriate public education (“FAPE”).  For numerous years, school districts relied upon the two-year statute of limitations set forth in §1415(f)(3)(C) of the […]

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