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D. Hawai'i Notes Split Re Statute of Limitations Applicable to IDEA Attorney's Fees Actions

By A. Benjamin Spencer

Per Brandon E. v. Department of Educ., Slip Copy, 2008 WL 563478 (D. Hawai?i Feb. 29, 2008):There is a circuit split regarding the appropriate state statute of limitations to apply to actions for attorney's fees under the IDEA. See Holmes v. Dep't of Educ., 234 F.Supp.2d. 1156, 1158 (D .Haw.2002).The Eleventh Circuit has held that the IDEA provides two separate and distinguishable procedures. See Zipperer v. Sch. Bd. of Seminole County, 111 F.3d 847, 851 (11th Cir.1997). Specifically, 20 U.S. read more

Full post as published by Split Circuits on March 05, 2008 (boomark / email).