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COPAA Files Brief in Support of Appellants/Students in the 8th Circuit

Wednesday, August 14, 2019   (0 Comments)
Posted by: Jamie Anderson

COPAA filed a Motion for Leave to File Brief of Amicus Curiae with the attached Amicus brief in the Eighth Circuit, Richardson v. Omaha School District, on July 30, 2019. Selene Almazan, Ellen Saideman, Jessica Salonus, and Catherine Merino Reisman drafted and filed the brief for COPAA.  At issue in this case is whether the district court erred in finding that the analogous statute of limitations for attorney’s fees claims under IDEA is the 90-day statute of limitations for judicial review of IDEA proceedings rather than that used for civil rights claims.  As COPAA explained in its Amicus brief, the better reasoned decisions have held that IDEA attorney’s fees claims are independent of the actual administrative proceeding, being a separate legal claim brought in a different forum, and therefore is more analogous to the statute of limitations used for other civil rights claims.  COPAA therefore urged the Eighth Circuit to reverse the district court’s decision and find that the analogous statute of limitations for Rehabilitation Act claims, which is a three-year statute of limitations, is the same statute of limitations which should apply to claims for IDEA attorney’s fees as the three-year statute of limitations is consistent with IDEA’s goal of ensuring that parents  have access to legal representation.   

 

Read the Appellee/student’s brief.

Read COPAA’s brief.


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