Education Law Questions? Ask an Education Lawyer
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It is against the law to discriminate against someone for having or "possibly" having a mental disability. This form of discrimination violates the Americans with Disabilities Act (1991). My question is: What if school teachers documented this form of ridicule against a child that is now 29 years old during a youngster's childhood, is there still a possibility for this youth that's now an adult to take legal action?
Response: Regrettably, no. The Statute of Limitations has run out on the case. The ADA Statute of Limitations is the same as the State's personal injury Statute of Limitations, which is three years. See New York Civil Practice Law & Rules Article 2 Sections 214 and 215.
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It can be. However, the Statute of Limitations is also 3 years. So, it is doubtful that the Prosecutor would go after the teachers after all these years.
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