United States Fourth Circuit

As long as a party seeking a due process hearing is supplied with notice that a statute requires filing a request for the hearing within a specified amount of time, this limitations period does not conflict with federal policies embodied in the Individuals with Disabilities Education Act.

Appellate Information

• Argued 12/04/2000
• Decided 02/21/2001
• Published 02/21/2001

Judges

• Before WIDENER and MOTZ, Circuit Judges, and BOYLE, Chief United States District Judge for the Eastern District of North Carolina, sitting by designation., Affirmed in part and reversed in part by published opinion.   Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge WIDENER and Chief Judge BOYLE joined.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Paul Lawrence Erickson, The Law Firm of Paul L. Erickson, Asheville, NC;  Peter W.D. Wright, Deltaville, VA, for Appellants.  Kevin Kendrick Russell, United States Department of Justice, Washington, DC, for Amicus Curiae United States.  Ann L. Majestic, Tharrington Smith, L.L.P., Raleigh, NC;  Christopher Zemp Campbell, Roberts & Stevens, P.A., Asheville, NC, for Appellees.  Joyce S. Rutledge, Assistant Attorney General, North Carolina Department of Justice, Raleigh, NC, for Intervenor.   ON BRIEF:  Michael F. Easley, Attorney General of North Carolina, Thomas J. Ziko, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, NC, for Intervenor.  Bill Lann Lee, Acting Assistant Attorney General, Mark L. Gross, Rebecca K. Troth, United States Department of Justice, Washington, DC;  Judith A. Winston, General, Kala Shah Surprenant, United States Department of Education, Washington, DC, for Amicus Curiae United States.  Elaine M. Whitford, Tharrington Smith, L.L.P., Raleigh, NC;  Allison B. Schafer, North Carolina School Boards Association, Raleigh, NC, for Amicus Curiae Association.