Predictors of Timeliness of Idea Due Process Hearing Decisions with and without New York

Given the increased judicialization of the DPH, legal representation of the parties may be another factor in the length of the pre-hearing and hearing processes. Although parents may proceed pro se in DPHs, research rather conclusively shows an outcomes advantage for parents who retain legal representation. Yet, whether parties are represented by legal counsel may influence whether the DPH is completed within the 75-day timeline. Although the federally funded Center for Appropriate Dispute Resolution in Special Education (CADRE) produces regular reports that include national data on various aspects of DPHs, the only time-related categories in these reports are the number of fully adjudicated DPH decisions “within 45-day timelines” and “with extended timelines.” The only national empirical research specific to the length of DPH decisions was the predecessor to the present analysis. The purpose of this study was to determine the extent that potentially contributing factors explained the number of days from filing-to-decision for fully adjudicated DPH decisions in the recent six-year period from 2013 to 2018, nationally, both with and without New York as an outlier. This exploratory analysis provides a first step to understanding the factors that delay DPHs beyond the IDEA-mandated timelines. We recommend follow-up studies to more deeply understand the degree to which the hearing procedures variables and the state context variables may impact the timeliness of DPH decisions. We also recommend that, given the outlier status of New York, national studies of DPHs should exclude New York as not representative of the rest of the country's experience.