Circuit split · education law
Which statute of limitations governs a civil action brought under the Individuals with Disabilities Education Act when the Act itself provides none.
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
Sixth Circuit Court of Appeals · October 2, 2000
“The Act itself contains no statute of limitations for such situations, and there is a circuit split as to the approach that should be followed in filling the gap.” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
20 U.S.C. § 1400 — Short title; findings; purposes
“(a) Short title This chapter may be cited as the "Individuals with Disabilities Education Act". (b) Omitted (c) Findings Congress finds the following: (1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- Discussed · 7th Cir.Powers v. Indiana Department of Education, Division of Special Education61 F.3d 552
“The question presented in this case — an action brought under the statute now known as the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.” — King ex rel. King v. Floyd County Board of Education, acknowledging the split
- Discussed · 7th Cir.Reed v. Mokena School District No. 159, Will County, Illinois41 F.3d 1153
“159, Will County, Illinois, 41 F.3d 1153 (7th Cir.1994) (applying the 120-day limitations period prescribed by Illinois law for suits seeking review of actions by school authorities).” — King ex rel. King v. Floyd County Board of Education, acknowledging the split
- Declined to follow · 11th Cir.Zipperer v. School Board of Seminole County, Florida111 F.3d 847
“School Board of Seminole County, Florida, 111 F.3d 847 (11th Cir.1997) (borrowing the four-year Florida statute of limitations applicable to claims based on a statutory liability).” — King ex rel. King v. Floyd County Board of Education, acknowledging the split
What the split turns on
- Statutes:
- 20 U.S.C. §§ 1400 et seq.
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.