Delay & Irreparable Harm: A Study of Exhaustion Through the Lens of the IDEA

Abstract

With the growth of the administrative state, the procedural aspects of administrative law litigation have become critical in the adjudication of these disputes. In certain cases, one procedural aspect of such litigation that has taken on greater importance is the exhaustion doctrine, which requires litigants to proceed through the often lengthy administrative process prior to seeking judicial relief. Acknowledging that the exhaustion doctrine plays an important part in preserving the appropriate role for courts in the adjudication of these disputes, courts have long grappled with requests to bypass the exhaustion requirement in various legal contexts, often navigating the tension between the benefits of exhaustion and the harm caused by the procedural delay. While courts have made exceptions to the requirement in certain cases, the law on exhaustion remains unclear. One issue related to the exhaustion doctrine that has proven particularly vexing is when adherence to the doctrine threatens irreparable harm should courts insist that litigants exhaust any administrative remedies prior to seeking judicial relief.

This Article examines the lack of clarity in the courts on the law of exhaustion and proposes a legal framework for interpreting the exhaustion requirement in cases where the procedural delay required by strict adherence to it causes irreparable harm. As a way to highlight the ways in which compliance with the doctrine can lead to irreparable harm, and explore a potential framework for addressing those cases, this Article focuses on the exhaustion requirement under the Individuals with Disabilities Education Act (IDEA), a federal statute that provides children with disabilities the right to a free and appropriate education, because it has the potential to impact millions of children enrolled in public schools who have a disability recognized under the IDEA. It also illustrates the need for a path to immediate judicial relief to prevent the threat of irreparable educational harm. While the framework proposed in this Article addresses the exhaustion requirement under the IDEA, it can also serve as a model for courts in interpreting exhaustion requirements in other legal contexts where immediate or emergency relief is warranted based on irreparable harm caused by the administrative delay.