Proposed Changes To Statute Of Limitations For IDEA Cases
Please see the below circulation I received the other day from Advocates for Children regarding the proposed changes to the statute of limitations (currently two years) for cases arising under the IDEA: Subject: Action Alert: Protect the Rights of Parents of Students with Disabilities
At the request of the New York State Education Department, New York State Senator Flanagan and New York State Assemblywoman Nolan have sponsored bills (S6688 and A10290) that could mean that even when a school district completely fails to provide a free, appropriate, public education to a student with a disability, that student could be left without any rights if his or her parents did not sue about it fast enough.
The Law Would:
Drastically reduce the time in which a parent whose child with a disability has not been given an appropriate education can sue (this time period is a called the “statute of limitations”) from two years to one year from the date on which a parent first knew or should have known of the violation;
Shorten the timeline even further for those parents seeking private school tuition from two years to 180 days from the date when the parent was first liable for private school tuition;
Impact the neediest families the most, as they may not have access to attorneys or be aware of what to do to enforce their rights; and
Discourage families from trying to work out their disputes with a school because waiting to formally complain could mean a parent would lose the right to complain at all, no matter how badly a student’s rights had been violated.
Tell Governor Cuomo and the Chairs of the Education Committees to oppose the provisions in S6688 and A10290 which would reduce the statute of limitations for parents of students with disabilities to file an impartial hearing complaint.
1. Click here to sign our petition. 1.
2. Send an e-mail to the Governor and the Chairs of the State Senate and Assembly Education Committees telling them that you oppose any reduction in the statute of limitations for due process complaints brought by parents of students with disabilities. You can cut and paste this language into an email or use your own words:
I oppose the provisions in S6688 and A10290 which would reduce the statute of limitations for parents of students with disabilities to file an impartial hearing complaint. Reducing the timeline dramatically from the current two year time period to 180 days for parents who seek private school tuition and to one year for all other cases is unfair to these students who have not been provided with the programs and services that they were legally entitled to. Please keep the current two year statute of limitations for these cases.
Governor Cuomo: Click here
Senator Flanagan: Click here
Assemblywoman Nolan: Click here
3. Call the Governor and the Chairs of the Education Committees and tell them that you oppose any reduction in the statute of limitations for due process complaints brought by parents of students with disabilities. Use the language above or tell them in your own words why you oppose reducing the statute of limitations for these cases.
Governor Cuomo: (518) 474-8390
Senator Flanagan: 631-361-2154 (Smithtown); 518-455-2071 (Albany)
Assemblywoman Nolan: 718-784-3194 (Sunnyside); 718-456-9492 (Ridgewood); 516-455-4851 (Albany)
4. Forward this alert to others who may be interested in taking action.
For more information, please contact Kim Madden at email@example.com.