Ms. S. v. Regional School Unit 72, No. 17-2214 (1st Cir. 2019)Annotate this Case
In these appeals arising from a complaint filed by Ms. S. with the Maine Department of Education alleging violations of the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., the First Circuit remanded with instructions to dismiss Ms. S.’s action with prejudice, holding that Ms. S.’s claims about her son’s education in school years 2009-2010 and 2010-2011 were time barred.
The state due process hearing officer dismissed as untimely Ms. S.’s claims about 2009-2010 and 2010-2011 and found no violations as to school years 2011-2012 and 2012-2013. In the First Circuit’s second decision it held (1) the district court erred in ruling that an earlier decision by the First Circuit foreclosed the interpretation of Maine’s Unified Special Education Regulation (MUSER) that Maine has established a two-year statute of limitations for due process complaints and has done so to align its statute of limitations with the IDEA’s; and (2) Ms. S.’s proposed construction of MUSER, her waiver argument, and her argument that the Regional School Unit 72 misled her were all without merit.
The court issued a subsequent related opinion or order on February 26, 2019.