July 25, 2001
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Luther Granquist Attorney at Law Minnesota Disability Law Center 430 First Avenue North, Suite 300 Minneapolis, MN 55401-1780 |
Susan E. Torgerson Charles E. Long Attorneys at Law Rider, Bennett, Egan & Arundel, LLP 333 South Seventh Street, Suite 2000 Minneapolis, MN 55402 |
Re: In the Matter of Conrad Thoen, Student, v. ISD No. 112 (Chaska); OAH Docket No. 11-7001-14274-3; MDCFL File No. 433
Dear Counsel:
I expect to issue a written decision with respect to the District’s pending Motion in Limine in the near future. I am sending this letter to let you know the nature of that ruling, given that the hearing is scheduled to begin next week. I have decided that it is appropriate to apply the two-year statute of limitations under Minn. Stat. § 541.07(1) in cases arising under the IDEA, in accordance with In the Matter of L.R. v. ISD No 279 (Osseo), OAH Docket No. 55-2103-12840-3 (May 17, 2000); In the Matter of C.U. v. Special School District No. 1, OAH Docket No. 55-2104-12912-3 (July 7, 2000); and In the Matter of Student v. Department of Corrections, MDCFL File No. 384 (July 8, 2000). The request for hearing in the present case was made on April 25, 2001. Application of a two-year statute of limitations would generally permit litigation of educational issues arising on or after April 25, 1999. However, the parties acknowledge that their prior settlement agreement bars the litigation of claims arising under the IDEA prior to December 17, 1999. Accordingly, the hearing in this matter will focus on claims arising after December 17, 1999. The parties will be permitted to introduce evidence concerning actions taken prior to that date to the extent that such evidence is relevant to the Student’s educational needs or program.
I look forward to seeing you at the hearing next week.
Sincerely,
BARBARA L. NEILSON
Administrative Law Judge
(612) 341-7604