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JONATHAN H. v. SOUDERTON AREA SCHOOL DIST.

No. 08-2196.

562 F.3d 527 (2009)

JONATHAN H., a minor with a Disability; John H.; Susan H., his Parents, on their own Behalf and on Behalf of Jonathan H., Appellee, v. THE SOUDERTON AREA SCHOOL DISTRICT, Appellant.

United States Court of Appeals, Third Circuit.

Filed: April 14, 2009.

Attorney(s) appearing for the Case

Frederick M. Stanczak [Argued], Doylestown, PA, for Appellee.

Karl A. Romberger, Jr. [Argued], Mark W. Fitzgerald, Fox Rothschild, Blue Bell, PA, for Appellant.

Before: CHAGARES, and HARDIMAN, Circuit Judges and GARBIS, District Judge.

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

This appeal presents a question of first impression concerning the timing of a compulsory counterclaim under the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004 (collectively, IDEA). The District Court held that the Souderton School District's compulsory counterclaim was untimely because it was filed more than 90 days after the administrative...

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