Date/Time: September 17, 2019, 2:00-3:30 PM ET
Presenters: Verity Sandell and Jamie Schulte
Session Description: The IDEA Statute of Limitations is two years from when a parent knew or should have known of a violation, unless a state provides another timeline. Often, this has been interpreted as an occurrence rule, limiting inclusion of claims to those occurring two years before the filing of the complaint. However, the rule is a discovery rule, allowing filing of claims up to two years after a claim was discovered, even if it occurrence several years prior. This session reviews applicable case law on what is included in the statute of limitations and discusses exceptions to that statue of limitations that may allow tolling.