An Analysis of Expedited Due Process Hearing Decisions Under the IDEA

The relatively low overall frequency of expedited DPH decisions does not square with the complex and high-stakes nature of the IDEA provisions for disciplinary changes in placement. This may be attributable to the relative lack of resources of students with disabilities who are most vulnerable to disproportional discipline, or those from low-income and minority backgrounds. expedited DPH decisions merit more attention than the relative lack of research to date. This exploratory analysis reveals that the most frequent issue in these decisions are M-D and dangerousness. The primacy of M-D is not surprising in light of its core and pivotal position. Moreover, unlike the other issues within this limited context, previous research has examined this topic more extensively, including the applicable procedural and substantive aspects and judicial rulings. Expedited DPH decisions merit more attention than the relative lack of research to date. This exploratory analysis reveals that the most frequent issue in these decisions are M-D and dangerousness. The primacy of M-D is not surprising in light of its core and pivotal position. Moreover, unlike the other issues within this limited context, previous research has examined this topic more extensively, including the applicable procedural and substantive aspects and judicial rulings. This initial exploratory analysis will hopefully stimulate more in-depth research specific to expedited DPH decisions, extending to those cases that are either resolved prior to a hearing officer decision or upon appeal to court. Moreover, the corresponding state complaint decisions in the disciplinary context merit comparative attention.