The law regarding timelines for special education complaint deadlines can be confusing. State law can vary from the federal IDEA requirement, and parents also need to be aware of whether the law refers to “days” or “school days.” The term “days” refers to calendar days, which includes weekends, holidays and vacations; the term “school days” refers to days in which school is in session. However, the deadlines for filing a complaint cannot be less than the federal law — only greater.
One Year for State Complaints; Two Years for Due Process Complaints
Federal law states that for filing a state complaint, “the complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received.” 34 C.F.R. § 300.153. For a due process complaint, the complaint “must allege a violation that occurred not more than two years before the date the parent or public agency knew or should have known of the alleged action that forms the basis of the due process complaint.” 34 C.F.R. § 300.507.
Remember Equitable Tolling Considerations
The stipulation “knew or should have known” is referred to as equitable tolling. This means the “clock” for the two years doesn’t “start” until the date in which the parents knew (or should have known about) the alleged action of their due process complaint.