Report of Dispute Resolution
Under Part C of the Individuals with Disabilities Education
Act
Extension without change of a currently approved collection
No
Regular
10/10/2023
Requested
Previously Approved
36 Months From Approved
11/30/2023
56
56
2,240
2,240
0
0
The Individuals with Disabilities
Education Act (IDEA; P. L. 108-446) directs the Secretary of
Education to obtain data on the dispute resolution process
described in Section 615 of the law. Specific legislative authority
in Section 618 of IDEA requires that: “(a) IN GENERAL- Each State
that receives assistance under this part, and the Secretary of the
Interior, shall provide data each year to the Secretary of
Education and the public on the following: (1)(F) The number of due
process complaints filed under section 615 and the number of
hearings conducted. (H) The number of mediations held, and the
number of settlement agreements reached through such mediations”.
In addition to the specific data requirements described in Section
618, Section 616(a)(3)(B) of IDEA identifies the dispute resolution
process as a monitoring priority. The law states specifically that:
“(3) MONITORING PRIORITIES- The Secretary shall monitor the States,
and shall require each State to monitor the local educational
agencies located in the State (except the State exercise of general
supervisory responsibility), using quantifiable indicators in each
of the following priority areas, and using such qualitative
indicators as are needed to adequately measure performance in the
following priority areas: (B) State exercise of general supervisory
authority, including child find, effective monitoring, the use of
resolution sessions, mediation, voluntary binding arbitration, and
a system of transition services as defined in sections 602(34) and
637(a)(9)”. The data collection form provides instructions and
information for States when submitting their dispute resolution
data. The form collects data on the number of written, signed
complaints; mediation requests; and hearing requests and the status
of these actions initiated during the reporting year with regards
to children served under Part C of IDEA. The purposes of these data
are to: (1) assess the progress, impact, and effectiveness of State
and local efforts to implement the legislation and (2) provide
Congress, the public, and Federal, State, and local educational
agencies with relevant information. These data are used for
monitoring activities, planning purposes, congressional reporting
requirements, and dissemination to individuals and groups.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Report of Dispute Resolution Under Part C of the Individuals with Disabilities Education Act
Supporting Statement Part A 1820-0678.docx
Report of Dispute Resolution Under Part C of the Individuals with Disabilities Education Act