Vermont § 2957 - Special education administrative and judicial appeals; limitations

§ 2957. Special education administrative and judicial appeals; limitations

• (a) An action against a local, intermediate, or State education agency seeking enforcement
  of special education rights under State or federal law shall be commenced by an administrative
  due process hearing within two years of the alleged violation or within two years
  of the date the alleged violation is or reasonably should have been discovered, and
  not after. (b) Subsection (a) of this section notwithstanding, an action against a local, intermediate,
  or State education agency for reimbursement of the costs of a unilateral special education
  placement shall be commenced by an administrative due process hearing within 90 days
  of the unilateral placement, and not after. (c) Where the parent, legal guardian, or surrogate parent has not been given proper notice
  of special education rights under State and federal law, including notice of the limitations
  in this section, such limitations shall run from the time notice of those rights is
  properly given. (d) An appeal from a final administrative decision in a special education due process
  hearing to a court of competent jurisdiction pursuant to 20 U.S.C. § 1415(i)(2) shall be commenced within 90 days from the notice of the final decision, and not
  after. (e) Except as provided in 20 U.S.C. § 1412(a)(10)(C) or unless a court or hearing officer determines otherwise, where a unilateral placement
  has been made without offering the supervisory union for the school district of residence
  a reasonable opportunity to evaluate the child and to develop an individualized education
  program, reimbursement may not be sought for any costs incurred before the supervisory
  union is offered such an opportunity. (Added 1989, No. 107, § 4; amended 2001, No. 8, § 12; 2003, No. 36, § 17; 2005, No. 54, § 15; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.)