[General Instructions]{.underline}

1\. Counts should cover the entire school year, e.g., 2004-2005.

2\. Do [NOT]{.underline} include actions initiated in a previous school
year that continued into the 2004-05 school 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.

# Specific Instructions, Section A: Signed, Written Complaints

In row 1, report the total number of signed *written complaints*
initiated between July 1, 2004 and June 30, 2005.

-   In row 1.1, report how many of the complaints reported in row 1 were
    *complaints with reports issued* as of 60 days following the end of
    the reporting period; that is, report how many of the complaints had
    a written decision from the SEA as of August 29. Row 1.1 is a subset
    of row 1.

    -   In row 1.1(a), report how many of the reports issued were
        *reports with findings* (the SEA found the LEA to be in
        non-compliance). Row 1.1(a) is a subset of row 1.1.

> Note that the difference between the number reported in row 1.1 and
> the number reported in 1.1(a) is the number of reports with no
> findings.

-   In row 1.1(b), report how many of the reports issued were *reports
    within timeline* (issued not more than 60 days after receiving the
    complaint). Do [NOT]{.underline} include any written decisions
    provided more than 60 days after receiving the *signed, written
    complaint*. Written decisions within appropriately extended
    timelines are reported in row 1.1(c) *reports within extended
    timeline*. Row 1.1(b) is a subset of row 1.1.

-   In row 1.1(c), report how many of the reports issued were *reports
    within extended timeline* (the 60 day timeline was appropriately
    extended due to exceptional circumstances). 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
> decisions issued late.

-   In row 1.2, report how many of the complaints reported in row 1 were
    *complaints withdrawn or dismissed* as of August 29 (60 days
    following the end of the reporting period). Row 1.2 is a subset of
    row 1.

-   In row 1.3, report how many of the complaints reported in row 1 were
    *complaints still pending* as of August 29 (60 days following the
    end of the reporting period). Row 1.3 is a subset of row 1.

    -   In row 1.3(a), report how many of the pending complaints are
        *complaints pending a due process hearing* (one or more of the
        allegations in the complaint are the subject of a due process
        hearing that has not been resolved). Row 1.3(a) is a subset of
        row 1.3.

> Note that the difference between the number in row 1.3 and the number
> in row 1.3(a) is the number of complaints pending for other reasons.

Note that the sum of the numbers entered in rows 1.1, 1.2, and 1.3
should equal the number entered in row 1.

######## Specific Instructions, Section B: Mediation Requests

In row 2, report the total number of *mediation requests* made between
July 1, 2004 and June 30, 2005.

-   In row 2.1(a), report how many of the mediation requests reported in
    row 2 were conducted as of the end of the reporting period (June 30)
    and were *mediations related to due process* (mediations conducted
    to resolve a disagreement that was initiated due to a due process
    hearing request). Row 2.1(a) is a subset of row 2.

    -   In row 2.1(a)(i), report how many of the mediations related to
        due process resulted in a *mediation agreement*. 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
> conducted that were related to a due process hearing request and did
> not result in a mediation agreement.

-   In row 2.1(b), report how many of the mediations requests reported
    in row 2 were conducted as of the end of the reporting period
    (June 30) and were *mediations not related to due process.* Row
    2.1(b) is a subset of row 2.

    -   In row 2.1(b)(i), report how many of the mediations not related
        to due process resulted in a *mediation agreement*. Row
        2.1(a)(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
> conducted that were not the result of a due process hearing request
> and did not result in a mediation agreement.
>
> Note that the sum of 2.1(a) and 2.1(b) is equal to the total number of
> mediations conducted.

-   In row 2.2, report how many of the mediations requested were
    *mediations not held* (had not been conducted as of the end of the
    reporting period). This includes mediation requests that are still
    pending. Row 2.2 is a subset of row 2.

######## Specific Instructions, Section C: Hearing requests

In row 3, report the total number of due *hearing requests* received
between July 1, 2004 and June 30, 2005. Include *expedited hearing
requests* in the counts reported in this section. Expedited hearing
requests are also reported separately in Section D below.

-   In row 3.1, report how many of the hearing requests reported in row
    3 resulted in a *resolution session* as of the end of the reporting
    period (June 30). Row 3.1 is a subset of row 3.

    -   In row 3.1(a), report how many resolution sessions resulted in a
        *settlement agreement*. Row 3.1(a) is a subset of row 3.1.

> 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 sessions held
> that did not result in a settlement agreement.

-   In row 3.2, report how many of the hearing requests reported in row
    3 were *hearings (fully adjudicated)* as of the end of the reporting
    period (June 30); that is, the hearing was conducted and a written
    decision was issued by the hearing officer. Row 3.2 is a subset of
    row 3.

    -   In row 3.2(a), report how many of the written decisions were
        *decisions within timeline* (provided no later than 45 day after
        receiving the hearing request). Do [NOT]{.underline} include any
        decisions more than 45 days after the receipt of a request for a
        hearing. Decisions within extended timelines are reported in row
        3.2(b) *decisions within extended timelines*. Row 3.2(a) is a
        subset of row 3.2.

    -   In row 3.2(b), report how many of the written decisions were
        *decisions within extended timelines* (an extension to the 45
        day timeline that was granted by the hearing 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 entered in rows 3.2(a) and 3.2(b) is the number of
> decisions issued late.

-   In row 3.3, report how many of the hearing requests reported in row
    3 were *resolved without a hearing* as of the end of the reporting
    period (June 30). Row 3.3 is a subset of row 3.

> Note that the difference between the number entered in row 3 and the
> sum of the numbers entered in rows 3.2 and 3.3 is the number of
> hearings pending at the end of the reporting period.

######## Specific Instructions, Section D: Expedited hearing requests (related to disciplinary decision)

In row 4, report the total number of *expedited hearing requests*
(hearing requests filed to dispute a manifestation determination and/or
disciplinary removal of a student to an alternative education setting,
as provided for in Section 615(k) of IDEA 2004) between July 1, 2004 and
June 30, 2005. These expedited hearing requests are a subset of the
hearing requests reported in row 3 of Section C. All expedited hearing
requests should also be reported in Section C above.

-   In row 4.1, report how many of the expedited hearing requests
    reported in row 4 resulted in a *resolution session* as of the end
    of the reporting period (June 30). Row 4.1 is a subset of row 4. Row
    4.1 is also a subset of the resolution sessions reported in row 3.1
    of Section C.

    -   In row 4.1(a), report how many resolutions sessions resulted in
        a *settlement agreement*. Row 4.1(a) is a subset of row 4.1. Row
        4.1(a) is also a subset of the 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 sessions held
> that did not result in a settlement agreement.

-   In row 4.2, report how many of the expedited hearing requests
    reported in row 4 were *expedited hearings (fully adjudicated)* as
    of the end of the reporting period (June 30); that is, the hearing
    was conducted and a written decision was issued by the hearing
    officer about whether a change of placement should be made. Row 4.2
    is a subset of row 4. Row 4.2 is also a subset of the expedited
    hearings (fully adjudicated) reported in row 3.2 of Section C.

    -   In row 4.2(a), report 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.
>
> Note that the difference between the number entered in row 4 and the
> number entered in row 4.2 is the number of expedited hearing requests
> that did not go to hearing.

[Glossary of data elements]{.underline} (See OSEP Data Dictionary for
Additional Definitions)

*Change of placement ordered* -- The hearing officer's written decision
in an *expedited hearing (fully adjudicated)* ordered a change in
placement of a child with a disability.

*Complaint pending* -- A *written, signed complaint* that is either
still under investigation or the SEA's report is not complete.

*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 hearing that has not been resolved.

*Complaint with report issued --* A written decision was provided by the
SEA to the complainant and LEA regarding alleged violations of a
requirement of Part B of IDEA 2004.

*Complaint withdrawn or dismissed* -- A *written, signed complaint* that
was withdrawn by the complainant for any reason or that was dismissed by
the SEA because none of the allegations in the complaint addressed
violations of a requirement of Part B of IDEA 2004 (e.g., all the
allegations had to do with personnel issues). In these cases, the
complaints do not trigger the otherwise required investigative
procedures the State must follow and do not result in a report.

*Decision within extended timeline* -- The written decision from a
*hearing (fully adjudicated)* was provided to the parties in the hearing
more than 45 days after the receipt of a request for a hearing, 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 hearing not
later than 45 day after the receipt of a request for a hearing

*Expedited hearing (fully adjudicated)* -- A hearing officer conducted a
hearing concerning a disputed manifestation determination and/or
disciplinary removal of a student to an alternative education setting
and issued a written decision to the parent and public agency about
whether a change of placement should be made.

*Expedited hearing request* -- A hearing request filed by the parent of
a child with a disability to dispute the manifestation determination
and/or disciplinary removal of a student from an educational placement
and the placement of that student in an alternate education setting, as
provided for in Section 615(k) of IDEA 2004.

*Hearing* (fully adjudicated) -- A hearing officer conducted a hearing,
decided matters of law and issued a written decision to the parent and
public agency.

*Hearing request* -- A filing by any party to initiate a due process
hearing on matters relating to the identification, evaluation, or
educational placement of a child with a disability, or to the provision
of FAPE to such child. The filing must meet the conditions specified in
Section 615(b)(7) of IDEA 2004.

*Mediation agreement* -- A written agreement between a parent and public
agency reached through mediation.

*Mediation not held (including pending)* -- A request for mediation that
has not been conducted.

*Mediation not related to due process* -- A session conducted by a
qualified and impartial mediator to resolve a disagreement between a
parent and public agency that was not initiated due to a due process
hearing request.

*Mediation related to due process* -- A session conducted by a qualified
and impartial mediator to resolve a disagreement between a parent and
public agency that was initiated due to a due process hearing request.

*Mediation request* -- A request by a party to a dispute involving any
matter to meet with a qualified and impartial mediator to resolve the
dispute(s).

*Report with findings* -- The written decision, provided by the SEA to
the complainant and LEA in response to a written, signed complaint,
which finds the LEA to be in non-compliance with one or more allegations
in a written, signed complaint.

*Report within extended timeline* -- The written decision from the SEA
was provided to the complainant and the LEA 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
existed with respect to a particular complaint.

*Report within timeline* -- The written decision from the SEA was
provided to the complainant and the LEA not later than 60 days after
receiving the *written, signed complaint*

*Resolution session --* A meeting, convened by the LEA, between the
parent(s) and school personnel within 15 days of receiving a *hearing
request*. The meeting is convened to discuss the complaint(s) described
in the *hearing request* and provide the opportunity to resolve the
complaint(s). The meeting must be held unless the parents and the LEA
agree in writing to waive such a meeting or agree to mediation.

*Resolved without a hearing* -- A *hearing request* that has not been
fully adjudicated and is also not under consideration by a hearing
officer. This includes hearing requests resolved through a *mediation
agreement* or through a resolution session *settlement agreement*, those
settled by some other agreement between the parties (parent and public
agency) prior to completion of the hearing, those withdrawn by the
parent, those rejected by the hearing officer as without cause, and
those not fully adjudicated for other reasons

*Settlement agreement* -- A legally binding written document, signed by
the parent and a representative of the public agency, specifying the
resolution of the basis for a due process *hearing request* arrived at
in a *resolution session*.

*Signed, written complaint* -- A signed, written letter submitted to a
SEA by an individual or organization (complainant) that alleges a
violation of a requirement of Part B of IDEA 2004.