Teresa L. ex rel. Matthew L. v. Department of Education
Opinion
Lead Opinion
MEMORANDUM *
This appeal arises from appellant Teresa L.’s (“Teresa”) request for reimbursement from the Hawaii Department of Education of expenses she incurred during the 2005-2006 school year to implement her son Matthew’s home education program. The Department moved to dismiss the request, and the state hearing officer granted the motion. The hearing officer concluded that, although Matthew was denied a free appropriate public education (“FAPE”) in violation of the Individuals with Disabilities Education Act (“the IDEA”), Teresa’s request for reimbursement was time- *584 barred because it was not made within 90 days of Matthew’s unilateral placement as required by Hawaii law. The district court affirmed, and Teresa appealed. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate the judgment and remand for further proceedings.
Among the several arguments that Teresa raises on appeal is her contention that her July 13, 2006 request for reimbursement for the 2005-2006 school year was subject to a two-year statute of limitations, not the 90-day limitations period, and therefore was timely. We agree, and therefore need not address Teresa’s other arguments.