The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
001
:
GENERAL PROVISIONS
(Cite as: 16 V.S.A. § 2957)
-
§ 2957. Special education administrative and judicial appeals; limitations
(a) An action against a local, intermediate, or State education agency seeking enforcement
of special education rights under State or federal law shall be commenced by an administrative
due process hearing within two years of the alleged violation or within two years
of the date the alleged violation is or reasonably should have been discovered, and
not after.
(b) Subsection (a) of this section notwithstanding, an action against a local, intermediate,
or State education agency for reimbursement of the costs of a unilateral special education
placement shall be commenced by an administrative due process hearing within 90 days
of the unilateral placement, and not after.
(c) Where the parent, legal guardian, or surrogate parent has not been given proper notice
of special education rights under State and federal law, including notice of the limitations
in this section, such limitations shall run from the time notice of those rights is
properly given.
(d) An appeal from a final administrative decision in a special education due process
hearing to a court of competent jurisdiction pursuant to 20 U.S.C. § 1415(i)(2) shall be commenced within 90 days from the notice of the final decision, and not
after.
(e) Except as provided in 20 U.S.C. § 1412(a)(10)(C) or unless a court or hearing officer determines otherwise, where a unilateral placement
has been made without offering the supervisory union for the school district of residence
a reasonable opportunity to evaluate the child and to develop an individualized education
program, reimbursement may not be sought for any costs incurred before the supervisory
union is offered such an opportunity. (Added 1989, No. 107, § 4; amended 2001, No. 8, § 12; 2003, No. 36, § 17; 2005, No. 54, § 15; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.)