Abstract:
The authors report the average duration of fully adjudicated hearings was much longer than the regulatory timeline, and only 15% of the standard decisions for the six-year period were completed within the 75-day timeline. They note the 75-day benchmark serves as a guideline goal, with the IDEA regulations providing hearing officers the discretionary authority to grant “specific extensions of time” at the request of either party. However, the administering agency’s policy interpretations emphasize the limits of this authority, and some state laws further restrict its scope. Further, the distribution of fully adjudicated standard decisions is markedly skewed for relatively few jurisdictions. The authors conclude that the 45-day phase from the end of the resolution period to the issuance of the decision is a particular priority in reducing the length of DPHs. Recommendations for reducing the time to full-adjudication should focus on the selection, support, accountability, and culture of the jurisdiction’s hearing officers