Court Rules for School's Defense of Student Rights Against Parental Onslaught

SCHOOL LAW ADVISORY
Volume 31, No. 1

In a case defying all misguided stereotypes about schools, the First Circuit Court of Appeals (First Circuit) has ruled in favor of Regional School Unit 72 in the school’s defense of student rights against a parental effort to impose “remedy caps” on special education claims. In this case, Ms.S. v. Regional School Unit 72,1 the First Circuit ruled once and for all that Maine has a two-year statute of limitations for special education claims, while also rejecting the parent’s argument that Maine somehow limits student rights to pursue recently-discovered claims that they had known nothing about. The school unit remarkably was able to save local taxpayers the cost of an expensive private placement from many years ago, while at the same time successfully defending the rights of disabled students statewide. …To continue reading, visit https://schoollaw.com/school-law-advisory.


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