Authors

Sarah Shepley, William & Mary Law School

Easing the Limits of the Statute of Limitations: A Path to a More Equitable IDEA

Abstract

Part I of this Note discusses the special education framework, outlining the rights and obligations of parents and school systems created by the Individuals with Disabilities in Education Act (IDEA). Part II evaluates the IDEA’s statute of limitations as the gatekeeping instrument of the due process complaint system and discusses the Third Circuit’s reconciliation of the seemingly conflicting statutory provisions of the IDEA in G.L. v. Ligonier Valley School District Authority. Part III situates the implications of the Ligonier decision within the broader special education landscape, discussing other courts’ adoption of or deviations from the Third Circuit’s interpretation, interpretations of the “known or should have known” (KOSHK) standard, and the applicability of the withholding of information exception. Part IV offers solutions for amending the limitations period so that it aligns with the IDEA’s legislative intent while making the burdens and obligations created by the IDEA more equitable between parents and school systems.

This abstract has been taken from the author's introduction.

Repository Citation

Sarah Shepley, Easing the Limits of the Statute of Limitations: A Path to a More Equitable IDEA, 67 Wm. & Mary L. Rev. 273 (2025), https://scholarship.law.wm.edu/wmlr/vol67/iss1/6