Which deadlines matter in a special-education dispute?

During proceedings

The general due-process rule is two years from knowing or having reason to know of the challenged action, with the exceptions in §300.511(f). A State complaint under §300.153 uses a different period: a violation occurring no more than one year before receipt of the complaint.

Section 300.510 provides a resolution meeting within 15 days after receiving the parents’ complaint, a general 30-day resolution period, and specified adjustments. A resolution agreement may be voided within three business days after signing. Mediation has different rules; do not apply that period to every agreement.

After a final decision

Regulation 9168 distinguishes review before the Puerto Rico Court of Appeals, with a 30-day period, from a civil action in federal court or the Court of First Instance, with a 90-day period, under its post-decision provisions. Its text refers to closure of the complaint; the actual decision, notice, and procedure must be examined to calculate the deadline.

That provision does not contemplate administrative reconsideration of the final decision, except simple corrections that do not change its grounds. Do not assume a reconsideration request preserves judicial review. Forum selection and time calculation require immediate attention.

Prepare a timeline

• Dates and delivery evidence for requests and notices.
• When you received or learned of the challenged decision.
• Meetings, signed agreements, and extension orders.
• The full decision and evidence of its filing and notice.
• Whether the applicable period uses calendar, business, or school days.