RULE 281-120.439 - Limitation of actions

RULE 281-120.439. Limitation of actions

(1) Limitation: due process complaints. A parent, agency, or EIS provider must request an impartial hearing on the due process complaint within two years of the date the parent, agency, or provider knew or should have known about the alleged action that forms the basis of the due process complaint.

(2) Exceptions to timeline. The timeline described in subrule 120.439(1) does not apply to a parent if the parent was prevented from filing a due process complaint due to either of the following:

a. Specific misrepresentations by an agency or EIS provider that it had resolved the problem forming the basis of the due process complaint; or

b. The agency's or EIS provider's withholding of information from the parent that was required under this chapter to be provided to the parent.

(3) Limitation: civil action. The party bringing the civil action under rule 281-120.438 (34 CFR 303) shall have 90 days from the date of the decision of the administrative law judge to file a civil action.

(ARC 0100C, IAB 4/18/12, effective 5/23/12)

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