Introduction

For parents of children with disabilities in New York City, the Individuals with Disabilities Education Act (IDEA) provides protections to ensure their child receives a free and appropriate public education (FAPE). If the New York City Department of Education (NYC DOE) fails to provide necessary services, parents have the right to challenge its decisions through a due process complaint and an impartial hearing. However, parents must file their due process complaint within a specific timeline, referred to as the statute of limitations.

Failing to file within the required timeframe can mean that your case may be dismissed and you will not be able to get the relief that you seek. In this post, we’ll explain the statute of limitations for IDEA claims, when the clock starts ticking, and exceptions to the rule.

What Is the Statute of Limitations Under IDEA?

Under the IDEA, you have two years to request a due process hearing from the time you knew or should have known about the issue you’re complaining about, unless your state has a different deadline. [1]

New York follows the two-year deadline in the IDEA for requesting a due process hearing. Figuring out when a parent knew or should have known about the issue depends on the specific details of each case. [2]

When Does the Clock Start?

The two-year deadline begins when the parent knew or should have known about the issue they are complaining about. This is very fact specific and so a one-size-fits-all rule cannot be applied to every case.

One example is when a parent attends an IEP meeting and is told that their child is not eligible for special education services and disagrees with the decision at the meeting.

• Real World Example: For instance, at a February 28, 2020, CSE meeting, a parent was informed that their child was determined ineligible for special education services. The parent attended the meeting, was aware of their procedural rights, and expressed disagreement with the decision at that time. Additionally, the school sent written confirmation of the decision on February 28, 2020, and again on March 3, 2020, and the parent did not claim that they failed to receive these notices.
• Because the parent knew about the disagreement at the time of the February 2020 meeting and even put their concerns in writing later (such as in a 10-day notice letter), the two-year deadline to challenge the decision in a due process complaint began on February 28, 2020.
• You can read the appeal decision with this example by clicking here.

Exceptions to the Statute of Limitations

1. Misrepresentation Exception
   1. If the school district misleads a parent into thinking that a problem has been resolved and this misrepresentation causes the parent to delay filing a complaint, then the two-year statute of limitations rule may be extended.
   2. This only applies if the school makes specific misrepresentations, meaning they clearly state that they have fixed the issue, when in reality, they haven’t. Simply disagreeing with the school or later realizing that their assessments were wrong is not enough to qualify for this exception.
   3. For example, if a district tells a parent that their child’s services have been updated to meet their needs, but later the parent finds out that no actual changes were made to their child’s program, this could be considered a specific misrepresentation. However, if a parent just disagrees with the school’s decision or feels misled in hindsight, that alone does not trigger this exception.
   4. You can read an appeal decision that discusses this exception specifically by clicking here.

2. Withholding of Information
   1. If a parent was prevented from filing their complaint because the school failed to provide required information, the two-year limitation may be extended.
   2. This exception mainly applies when a school does not give parents their procedural safeguards notice, which a document that explains their rights, including how to request a hearing. If a parent doesn’t receive it, they may not realize they have the right to challenge the school’s decisions.
   3. However, if a parent already knows their rights, such as from past experiences, legal advice, or being read their rights during the IEP meeting itself, the missing notice might not be enough to extend the deadline.
   4. You can read an appeal decision that discusses this exception specifically by clicking here.

Why Timeliness Matters

Timeliness is critical because missing a deadline can bar a family from seeking necessary remedies for a child’s educational rights. Failure to act within this timeframe can result in your case being dismissed and therefore you will not have the right to challenge improper services, request compensatory education, or seek reimbursement for private placements.

If you have questions about the statute of limitations in your case, contact us for assistance and to learn how we can help protect your rights.

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[1] Click here to read the New York regulations for the timeline to request a due process hearing. 8 NYCRR 200.5[j][1][i].

[2]Click here to read the IDEA’s requirement for the timeline to request a due process hearing. U.S.C. § 1415[f][3][C]; see also 20 U.S.C. § 1415[b][6][B].