Statute of Limitations and Section 504

Since Section 504 does not have its own statute of limitations, courts can use statutes of limitations from closely related state laws or even a federal law if the federal law is more analagous to the law under consideration. In P. P. by Michael P. and Rita P. v. West Chester Area School District, 53 IDELR 109 (3d Circuit 2009), the 3d U.S. Circuit Court reversed the District Court's decision which applied Pennsylvania's two-year statute of limitations for personal injury claims (50 IDELR 133) and determined that Section 504 is more closely related to IDEA 2004 which also has a two-year statute of limitations. However, it is important to note that the limitations period is not applicable if a school district does not provide required information to parents or if they falsely misrepresent the issue as being resolved.