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This appeal presents the question whether, in an action arising under federal law where there is no federal statute of limitations, a federal court borrows the state’s time period for service of process as well as for filing suit.

S.J., a juvenile, appeals the district court’s dismissal of his claims under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., against the Issaquah School District and its Superintendent and Director of Special Education (collectively, “Issaquah”). The IDEA had no statute of limitations at the time, so the district court applied Washington’s Administrative Procedure Act (“WAPA”), RCW 34.05.542(2), which provides that a petition for review must be filed and served within thirty days of service of the final order by a state administrative agency. As S.J. conceded that he had not attempted to serve Issaquah until after the thirty-day period, the district court concluded that it lacked jurisdiction.

We have previously held that Rule 3 of the Federal Rules of Civil Procedure controls when an action which arises under federal law is “commenced” for purposes of tolling the statute of limitations borrowed from state law. Sain…