United States Ninth Circuit

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Avila v. Spokane Sch. Dist. 81, 14-35965

In a suit brought by parents claiming that their child’s school district failed to identify his disability or assess him for autism, and alleging claims under the Individuals with Disabilities Education Act (IDEA), the district court's dismissal, as barred by the statute of limitations, is reversed where: 1) 20 U.S.C. section 1415(f)(3)(C) requires courts to bar only claims brought more than two years after the parents or local education agency 'knew or should have known' about the actions forming the basis of the complaint; and 2) because the district court barred all claims 'occurring' more than two years before the plaintiffs filed their administrative due process complaint, remand is necessary to determine when the plaintiffs knew or should have known about the actions forming the basis of their complaint.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/03/30

Judges

  • CHRISTEN

Court

  • United States Ninth Circuit

Counsel


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