DELAY & IRREPARABLE HARM: A STUDY OF EXHAUSTION THROUGH THE LENS OF THE IDEA.

As the administrative state expands, and disputes involving important rights are frequently decided within the administrative process, access to efficient administrative law litigation has become increasingly critical. One procedural aspect 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 and one particularly vexing issue remains: whether courts should insist that litigants exhaust any administrative remedies prior to seeking relief when adherence to the exhaustion doctrine threatens irreparable harm. 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 strict adherence to it causes irreparable harm through procedural delay. To highlight the ways in which compliance with the doctrine can lead to irreparable harm, and to explore a potential framework for addressing those cases, this Article focuses on the exhaustion requirement under the Individuals with Disabilities Education Act ("IDEA"), which provides children with disabilities the right to a free and appropriate education. The IDEA is the focus of this Article because it has the potential to impact millions of children enrolled in public schools who have a disability. It also illustrates the need for a path to prompt 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 to interpret exhaustion requirements in other legal contexts where prompt relief is warranted based on irreparable harm caused by the administrative delay. [ABSTRACT FROM AUTHOR]