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.