Schools & School Boards – IDEA – Administrative – Court Review – Compulsory Counterclaim
When the plaintiff-school system sought judicial review of an administrative ruling that the defendant-parent and child’s claims were not time-barred, defendants’ underlying claims were a compulsory counterclaim. Consequently, defendants are not required to administratively exhaust their claims prior to judicial review. We affirm the district court’s ruling that defendants’ claims are not time-barred. We reverse
Source: nclawyersweekly.com