Sec.10-76h-4. Statute of limitations

(a) A party shall have two years to request a hearing from the time the party knew or should have known about the public agency proposal or refusal to initiate or change the identification, evaluation or educational placement of, or the provision of a free appropriate public education to the child. Such two-year limitation shall not apply to a parent who was prevented from filing a request for hearing due to (1) specific misrepresentations made by the public agency indicating that the public agency had resolved the problem forming the basis of the request for hearing, or (2) the public agency’s withholding of information from the parent that was required to be provided to the parent under Part B of the Individuals with Disabilities Education Act, 20 USC 1400 et.seq. and the regulations adopted thereunder, as amended from time to time. If the procedural safeguards, including notice of the limitations contained in this section, is not given, such two-year limitation shall be calculated from the time notice of the safeguards is properly given.

(b) This limitation does not apply to evidence, provided admission of such evidence shall meet evidentiary considerations such as relevance and materiality and shall be ruled upon by the hearing officer.

(Adopted effective July 1, 2000; Amended July 1, 2013)