D. K. v. Abington Sch. Dist.

In 2003, D.K. began kindergarten; he struggled in school and had behavioral issues. In 2007, at the urging of a private therapist, his parents requested a second evaluation. Two months later, the district determined that D.K. was eligible for special education services as a student with “other health impairment,” and he was offered an Individualized Education Program. In 2008, while finalizing D.K.’s IEP, his parents requested a due process hearing under the Individuals with Disabilities Education Act, 20 U.S.C. 1400–1419, and requested an award of compensatory education for September 2004 through March 12, 2008. The district court affirmed the denial, holding that the IDEA’s statute of limitations, passed in 2004, barred relief for conduct prior to January 8, 2006, and that plaintiffs were ineligible for two statutory exceptions to the IDEA statute of limitations. The school district did not violate its obligation to identify students in need of special education and did not fail to provide D.K. a free appropriate public education before November 2007. The Third Circuit affirmed, noting that the district consistently monitored, documented, and responded to D.K.’s individual educational needs, developed behavioral improvement systems with his parents’ cooperation, and offered him special attention and testing accommodations. View "D. K. v. Abington Sch. Dist." on Justia Law