J.B. BY & THROUGH C.B. v. ESSEX-CALEDONIA SUPER.

No. 95 CV 344.

943 F.Supp. 387 (1996)

J.B., a minor, By and Through his parent and next friend, C.B., Plaintiff, v. ESSEX-CALEDONIA SUPERVISORY UNION and Lunenburg Town School Board, Defendants.

United States District Court, D. Vermont.

September 19, 1996.


Attorney(s) appearing for the Case

Eileen Morris Blackwood, Blackwood and Kraynak, Burlington, VT, for plaintiff.

Georgiana Osmond Miranda, McKee, Giuliani & Cleveland, Montpelier, VT, for defendants.


OPINION AND ORDER

SESSIONS, District Judge.

This is an action for attorneys' fees and costs brought under 20 U.S.C. § 1415(e)(4) of the Individuals with Disabilities Education Act ("IDEA") and § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. Defendants have filed a Motion to Dismiss on the ground that the complaint is time-barred. For the reasons cited below, the Court DENIES the Motion to Dismiss.

BACKGROUND

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