Report of Dispute Resolution Under Part B of the IDEA

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TABLE 7

Report of Dispute Resolution Under Part B of the Individuals with Disabilities Education Act

July 1, 2009 – June 30, 2010

Paperwork Burden Statement

According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 1820-0677. The time required to complete this information collection is estimated to average 70 hours per State, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have any comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: U.S. Department of Education, Washington, D.C. 20202. If you have comments or concerns regarding the status of your individual submission of this form, write directly to: Office of Special Education Programs, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202.

States must submit electronic versions of the completed data forms to OSEP’s data contractor at [email protected]. OSEP will provide electronic Data Transmission Spreadsheets (DTS) in Microsoft Excel format to facilitate this process.

Instructions

Authorization: P.L. 108-446, §§ 618 (a)(1)(F), 618(a)(1)(H), and 618(a)(3)

Due Date: November 1, 2010

Sampling Allowed: No

General Instructions

1. Counts should cover an entire year. For this data collection, the reporting year is defined as July 1, 2009 through June 30, 2010.

2. Report only the actions initiated during the 2009-10 reporting year. Do NOT include actions initiated in a previous reporting year that continued into the 2009-10 reporting year.

3. Italics in the instructions below denote terms defined in the glossary located at the end of the instructions.

4. No sampling is permitted for this data collection.

5. In providing data for this collection, the State is to submit complete and unsuppressed data.

Specific Instructions, Section A: Written, Signed Complaints

In row 1, enter the total number of written, signed complaints filed between July 1, 2009 and June 30, 2010.

• In row 1.1, enter how many of the written, signed complaints (row 1) were complaints with reports issued as of 60 days following the end of the reporting period; that is, enter how many of the complaints had a written decision from the State educational agency (SEA) as of August 29, 2010. Row 1.1 is a subset of row 1.

  • In row 1.1(a), enter how many of the reports issued were reports with findings of noncompliance. Row 1.1(a) is a subset of row 1.1.

Note that the difference between the number entered in row 1.1 and the number entered in 1.1(a) is the number of reports without findings of noncompliance.

• In row 1.1(b), enter how many of the reports issued were reports within timeline (60 days). Do NOT include any written decisions issued more than 60 days after the written, signed complaint was filed. Row 1.1(b) is a subset of row 1.1.

• In row 1.1(c), enter how many of the reports issued were reports within extended timeline. Row 1.1(c) is a subset of row 1.1.

Note that the difference between the number in row 1.1 and the sum of the numbers entered in rows 1.1(b) and 1.1(c) is the number of complaints with reports issued late (not within the 60 day timeline or an extended timeline).

• In row 1.2, enter how many of the written, signed complaints (row 1) were complaints pending as of August 29, 2010 (60 days following the end of the reporting period). Row 1.2 is a subset of row 1.

  • In row 1.2(a), enter how many of the pending complaints were complaints pending a due process hearing. Row 1.2(a) is a subset of row 1.2.

Note that the difference between the number in row 1.2 and the number in row 1.2(a) is the number of complaints pending for reasons other than pending a due process hearing.

• In row 1.3, enter how many of the written, signed complaints (row 1) were complaints withdrawn or dismissed as of August 29, 2010 (60 days following the end of the reporting period). Row 1.3 is a subset of row 1.

Note that the sum of the numbers entered in rows 1.1, 1.2, and 1.3 must equal the total number of written, signed complaints (row 1).

Specific Instructions, Section B: Mediation Requests

In row 2, enter the total number of mediation requests received through all dispute resolution processes between July 1, 2009 and June 30, 2010.

• In row 2.1, enter how many of the mediation requests (row 2) resulted in mediations held as of the end of the reporting period (June 30, 2010). Row 2.1 is a subset of row 2.

• In row 2.1(a), enter how many of the mediations held were mediations held related to due process complaints. Row 2.1(a) is a subset of row 2.1.

  • In row 2.1(a)(i), enter how many of the mediations held related to due process complaints resulted in mediation agreements as of the end of the reporting period (June 30, 2010). Row 2.1(a)(i) is a subset of row 2.1(a).

Note that the difference between the number entered in row 2.1(a) and the number entered in row 2.1(a)(i) is the number of mediations held related to due process complaints that did not result in a mediation agreement.

• In row 2.1(b), enter how many of the mediations held were mediations held not related to due process complaints. Row 2.1(b) is a subset of row 2.1.

• In row 2.1(b)(i), enter how many of the mediations held not related to due process complaints resulted in mediation agreements as of the end of the reporting period (June 30, 2010). Row 2.1(b)(i) is a subset of row 2.1(b).

Note that the difference between the number entered in row 2.1(b) and the number entered in row 2.1(b)(i) is the number of mediations held not related to due process complaints that did not result in a mediation agreement.

Note that the sum of 2.1(a) and 2.1(b) must equal the total number of mediations held (row 2.1).

• In row 2.2, enter how many of the mediation requests (row 2) were mediations pending as of the end of the reporting period (June 30, 2010). This includes mediation requests that were pending as of the end of the reporting period. Row 2.2 is a subset of row 2.

• In row 2.3, enter how many of the mediation requests (row 2) were mediations withdrawn or not held as of the end of the reporting period (June 30, 2010). Row 2.3 is a subset of row 2.

Note that the sum of 2.1, 2.2 and 2.3 is equal to the total number of mediations requested (row 2).

Specific Instructions, Section C: Due Process Complaints

In row 3, enter the total number of due process complaints filed between July 1, 2009 and June 30, 2010. Expedited due process complaints are to be included in the counts entered in this section. Expedited due process complaints are also entered separately in Section D below.

• In row, 3.1 enter how many of the due process complaints (row 3) resulted in a resolution meeting as of the end of the reporting period (June 30, 2010). Row 3.1 is a subset of row 3.

  • In row 3.1(a), enter how many resolution meetings resulted in a written settlement agreement as of the end of the reporting period. Row 3.1(a) is a subset of rows 3.1 and 3.4.

Note that the difference between the number entered in row 3.1 and the number entered in row 3.1(a) is the number of resolution meetings held that did not result in a written settlement agreement as of the end of the reporting period (June 30, 2010).

• In row 3.2, enter how many of the due process complaints (row 3) resulted in hearings fully adjudicated as of the end of the reporting period, that is, the due process hearing was conducted and the hearing officer issued a written decision by June 30, 2010. Row 3.2 is a subset of row 3.

• In row 3.2(a), enter how many of the written decisions were decisions within timeline. (Do not include here the decisions within extended timelines.) Row 3.2(a) is a subset of row 3.2.

• In row 3.2(b), enter how many of the written decisions included in row 3.2 were decisions within extended timelines. (Decision must be issued within specific time extension granted by the hearing or reviewing officer). Row 3.2(b) is a subset of row 3.2.

Note that the difference between the number in row 3.2 and the sum of the numbers in rows 3.2(a) and 3.2(b) is equal to the number of decisions issued beyond the required timeline.

• In row 3.3, enter how many of the due process complaints (row 3) were due process complaints pending as of the end of the reporting period (June 30, 2010). Row 3.3 is a subset of row 3.

• In row 3.4, enter how many of the due process complaints (row 3) were withdrawn or dismissed (including resolved without a hearing) as of the end of the reporting period (June 30, 2010). Row 3.4 is a subset of row 3.

Note that the sum of 3.2, 3.3 and 3.4 is equal to number of due process complaints filed (row 3).

Specific Instructions, Section D: Expedited Due Process Complaints

In row 4, enter the total number of expedited due process complaints filed between July 1, 2009 and June 30, 2010. The expedited due process complaints entered in row 4 are a subset of the due process complaints reported in row 3 of Section C.

• In row 4.1, enter how many of the expedited due process complaints (row 4) resulted in a resolution meeting as of the end of the reporting period (June 30, 2010). Row 4.1 is a subset of row 4. Row 4.1 is also a subset of the resolution meetings entered in row 3.1 of Section C.

  • In row 4.1(a), enter how many resolution meetings resulted in a written settlement agreement as of the end of the reporting period. Row 4.1(a) is a subset of row 4.1. Row 4.1(a) is also a subset of the written settlement agreements reported in row 3.1(a) of Section C.

Note that the difference between the number entered in row 4.1 and the number entered in row 4.1(a) is the number of resolution meetings held that did not result in a written settlement agreement as of the end of the reporting period (June 30, 2010).

• In row 4.2, enter how many of the expedited due process complaints (row 4) resulted in expedited hearings fully adjudicated as of the end of the reporting period, that is, the due process hearing was conducted and the hearing officer issued a written decision by June 30, 2010. Row 4.2 is a subset of row 4. Row 4.2 is also a subset of the hearings fully adjudicated reported in row 3.2 of Section C.

• In row 4.2(a), enter how many of the written decisions resulted in a change of placement ordered. Row 4.2(a) is a subset of row 4.2.

Note that the difference between the number entered in row 4.2 and the number entered in row 4.2(a) is the number of written decisions that did not result in a change of placement.

• In row 4.3, enter how many of the expedited due process complaints (row 4) were expedited due process complaints pending as of the end of the reporting period (June 30, 2010). Row 4.3 is a subset of row 4.

• In row 4.4, enter how many of the expedited due process complaints (row 4) were withdrawn or dismissed as of the end of the reporting period (June 30, 2010). Row 4.4 is a subset of row 4.

Note that the sum of 4.2, 4.3 and 4.4 is equal to number of expedited due process complaints filed (row 4).

Glossary of Data Elements

Change of placement ordered – The hearing officer’s written decision in an expedited due process hearing fully adjudicated ordered a change in placement of a child with a disability to an appropriate interim alternative educational setting.

Complaint pending – A written, signed complaint that is either still under investigation or the SEA’s written decision has not been issued.

Complaint pending a due process hearing – A written, signed complaint in which one or more of the allegations in the complaint are the subject of a due process complaint that has not been resolved.

Complaint with report issued – A written decision was provided by the SEA to the complainant and public agency regarding alleged violations of a requirement of Part B of IDEA.

Complaint withdrawn or dismissed – A written, signed complaint that was withdrawn by the complainant for any reason or that was determined by the SEA to be resolved by the complainant and the public agency through mediation or other dispute resolution means and no further action by the SEA was required to resolve the complaint; or a complaint dismissed by the SEA for any reason, including that the complaint does not include all required content.

Decision within extended timeline - The written decision from a hearing fully adjudicated was provided to the parties in the due process hearing more than 45 days after the expiration of the resolution period, but within a specific time extension granted by the hearing or reviewing officer at the request of either party.

Decision within timeline – The written decision from a hearing fully adjudicated was provided to the parties in the due process hearing not later than 45 days after the expiration of the resolution period or in the case of an expedited due process complaint, provided no later than 10 school days after the due process hearing, which must occur within 20 school days of the date the expedited due process complaint is filed.

Due process complaint – A filing by a parent or public agency to initiate an impartial due process hearing on matters relating to the identification, evaluation, or educational placement of a child with a disability, or the provision of a free appropriate public education to the child.

Due process complaint pending – A due process complaint wherein a due process hearing has not yet been scheduled or is scheduled but has not yet been held.

Due process complaint withdrawn or dismissed - A due process complaint that has not resulted in a fully adjudicated due process hearing. This includes due process complaints resolved through a mediation agreement or through a written settlement agreement, those settled by some other agreement between the parties (parent and public agency) prior to completion of the due process hearing, those withdrawn by the filing party, those determined by the hearing officer to be insufficient or without cause, and those not fully adjudicated for other reasons. This does not include due process complaints that are pending a due process hearing.

Expedited due process complaint – A due process complaint filed by: (1) the parent of a child with a disability who disagrees with any decision regarding the manifestation determination and/or disciplinary removal of a student from an educational placement and the placement of that student in an interim alternative educational setting; or (2) a local educational agency that believes that maintaining the current placement of the child is substantially likely to result in injury to the child or to others.

Expedited due process complaint pending – An expedited due process complaint wherein an expedited due process hearing has not yet been scheduled or is scheduled but has not yet been held.

Expedited due process complaint withdrawn or dismissed – An expedited due process complaint that has not resulted in an expedited fully adjudicated due process hearing. This includes expedited due process complaints resolved through a mediation agreement or through a written settlement agreement, those settled by some other agreement between the parties (parent and public agency) prior to completion of the expedited due process hearing, those withdrawn by the filing party, those determined by the hearing officer to be insufficient or without cause, and those not fully adjudicated for other reasons. This does not include expedited due process complaints that are pending an expedited due process hearing.

Expedited due process hearing fully adjudicated – A hearing officer conducted a due process hearing concerning an expedited due process complaint, reached a final decision regarding matters of law and fact and issued a written decision to the parties about whether a change of placement is ordered.

Hearing fully adjudicated – A hearing officer conducted a due process hearing, reached a final decision regarding matters of law and fact and issued a written decision to the parties.

Mediation agreement – A written legally binding agreement signed by a parent and a representative of the public agency who has the authority to bind the public agency that specifies the resolution of any issues in the dispute that were reached through the mediation process. A mediation agreement that fully or partially resolves issues in dispute is included in “mediation agreement”.

Mediation held - A process conducted by a qualified and impartial mediator to resolve a disagreement between a parent and public agency involving any matter under Part B of IDEA or 34 CFR Part 300, and that concluded with or without a written mediation agreement between the parties.

Mediation held not related to due process complaint – A process conducted by a qualified and impartial mediator to resolve a disagreement between a parent and public agency that was not initiated by the filing of a due process complaint or did not include issues that were the subject of a due process complaint.

Mediation held related to due process complaint – A process conducted by a qualified and impartial mediator to resolve a disagreement between a parent and public agency that was initiated by the filing of a due process complaint or included issues that were the subject of a due process complaint.

Mediation not held – A request for mediation that did not result in a mediation being conducted by a qualified and impartial mediator. This includes mediation requests that were withdrawn, mediation requests that were dismissed, requests where one party refused to mediate, and requests that were settled by some agreement other than a mediation agreement between the parties.

Mediation pending – A request for mediation that has not yet been scheduled or is scheduled but has not yet been held.

Mediation request – A request by a party to a dispute involving any matter under Part B of IDEA for the parties to meet with a qualified and impartial mediator to resolve the dispute(s).

Report with findings of noncompliance - The written decision provided by the SEA to the complainant and public agency in response to a written, signed complaint, which finds the public agency to be out of compliance with one or more requirements of Part B of IDEA or 34 CFR Part 300.

Report within extended timeline – The written decision from the SEA was provided to the complainant and the public agency more than 60 days after the written, signed complaint was filed, but within an appropriately extended timeline. An appropriately extended timeline is an extension beyond 60 days that was granted due to exceptional circumstances that exist with respect to a particular complaint; or if the parent and the public agency involved agreed to extend the time to engage in mediation, or to engage in other alternative means of dispute resolution, if available in the State or under State procedures.

Report within timeline – The written decision from the SEA was provided to the complainant not later than 60 days after receiving the written, signed complaint.

Resolution meeting – A meeting, convened by the local educational agency (LEA), between the parent(s) and school personnel to discuss the parent’s due process complaint and the facts that form the basis of the due process complaint so that the LEA has the opportunity to resolve the dispute that is the basis for the due process complaint.

Resolution period – Thirty (30) days from the LEA’s receipt of a due process complaint unless the period is adjusted because: (1) both parties agree in writing to waive the resolution meeting; or (2) after either the mediation or resolution meeting starts, but before the end of the 30-day period, the parties agree in writing that no agreement is possible; or (3) if both parties agree in writing to continue the mediation at the end of the 30-day resolution period, but later, the parent or public agency withdraws from the mediation process.

Written settlement agreement – A legally binding written document, signed by the parent and a representative of the public agency, specifying the resolution of the dispute that formed the basis for a due process complaint arrived at in a resolution meeting. For the purposes of reporting on Table 7, a written settlement agreement is one that fully resolves all issues of the due process complaint and negates the need for a due process hearing.

Written, signed complaint – A signed, written document submitted to the SEA by an individual or organization (complainant) that alleges a violation of a requirement of Part B of IDEA or 34 CFR Part 300, including cases in which some required content is absent from the document.

U.S. DEPARTMENT OF EDUCATION	TABLE 7	PAGE 1 OF 1
OFFICE OF SPECIAL EDUCATION
AND REHABILITATIVE SERVICES	REPORT OF DISPUTE RESOLUTION UNDER PART B, OF THE	OMB NO.: 1820-0677
OFFICE OF SPECIAL EDUCATION	INDIVIDUALS WITH DISABILITIES EDUCATION ACT
PROGRAMS	2009-10	FORM EXPIRES: XX/XX/XXXX
		STATE:____________________

SECTION A: Written, Signed Complaints
(1) Total number of written, signed complaints filed
(1.1) Complaints with reports issued
(a) Reports with findings of noncompliance
(b) Reports within timeline
(c) Reports within extended timelines
(1.2) Complaints pending
(a) Complaints pending a due process hearing
(1.3) Complaints withdrawn or dismissed
SECTION B: Mediation Requests
(2) Total number of mediation requests received through all dispute resolution processes
(2.1) Mediations held
(a) Mediations held related to due process complaints
(i) Mediation agreements related to due process complaints
(b) Mediations held not related to due process complaints
(i) Mediation agreements not related to due process complaints
(2.2) Mediations pending
(2.3) Mediations withdrawn or not held
SECTION C: Due Process Complaints
(3) Total number of due process complaints filed
(3.1) Resolution meetings
(a) Written settlement agreements reached through resolution meetings
(3.2) Hearings fully adjudicated
(a) Decisions within timeline (include expedited)
(b) Decisions within extended timeline
(3.3) Due process complaints pending
(3.4) Due process complaints withdrawn or dismissed (including resolved without a hearing)
SECTION D: Expedited Due Process Complaints (Related to Disciplinary Decision)
(4) Total number of expedited due process complaints filed
(4.1) Resolution meetings
(a) Written settlement agreements
(4.2) Expedited hearings fully adjudicated
(a) Change of placement ordered
(4.3) Expedited due process complaints pending
(4.4) Expedited due process complaints withdrawn or dismissed