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California Education Law Blog

It Is Back To School Time! Is Your Child's Current IEP Appropriate? Here are Some Quick Tips to Keep in Mind When Reviewing Your Child's Current IEP.

It Is Back To School Time! Is Your Child's Current IEP Appropriate? Here are Some Quick Tips to Keep in Mind When Reviewing Your Child's Current IEP.

Avila v. Spokane School District 81, a 9th Circuit Court of Appeals Decision Issued in March 2017 is helping to Preserve Student Rights in California.

The Ninth Circuit Court of Appeals recently issued a ruling in Avila v. Spokane School District 81 (9th Cir. 2017) 852 F.3d 936 (Avila), which held that the two-year statute of limitations for filing a due process complaint pursuant to the Individuals with Disabilities Education Act (IDEA) begins when a parent "knew or should have known," a claim against a local educational agency (LEA) existed. In other words, if a parent has reason to believe their child is not receiving appropriate evaluations, placement, specialized academic instruction, or related services he/she has a right to receive under the IDEA, they have two years from that date of discovery to file a complaint to seek enforcement of their rights.

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