Due Process: WHEN IS “KNOWN OR SHOULD HAVE KNOWN” 2 YEAR DATE?

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Kate:  We’ve filed a due process request 2 years after we received a response to our 10-day letter requesting that the school district place our child in a specialized private school because the public school did not provide FAPE. The district denied our request for private school placement.

Is the “Known or should have known” date 2 years after we sent our letter or 2 years after we received the response from the District denying our request? If you know of a judge’s ruling on similar matter, can you specify the case?

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Chuck

The answer may depend on your state rules, & how they interpret the federal rules. Your state parent training & information project can assist you on this. http://www.parentcenterhub.org/find-your-center