Attachment B5 EDFacts Data Set : IDEA Part B Data Collections through E MAPS

Page B5 - 1 PAPERWORK REDUCTION ACT SUBMISSION SUPPORTING STATEMENT 

### Annual Mandatory Collection of Elementary and Secondary

**Education Data through ED**  **Facts September**  **201 2**  

# Attachment B - 5 

# ED **Facts Data Set**  **: IDEA**  **Part B Data Collections through E** **MAPS**Attachment B5 EDFacts Data Set : IDEA Part B Data Collections through E MAPS

Page B5 - 2 Two tables re quired under the Individuals with Disabilities Education Act ( IDEA ), Part B, Section 618, will be collected using the EDFacts Metadata and Process S ystem (E MAPS ): IDEA Part B Dispute Resolution, and IDEA Part B Maintenance of Effort Reduction/Continuing E arly Intervening Services. This attachment explains the data that will be collected through E MAPS for these two tables.



## IDEA **PART B DISPUTE RESOL UTION**  The data required for this table are organized into the following areas:  Written, Signed Complaints  Me diation Requests  Due Process Complaints  Expedited Due Process Complaints (related to Disciplinary Decision) The final section is a glossary of terms. 

### REQUIREMENTS FOR SUB **MITTING THE DATA**  These data are due the first Wednesday of November.  These data are reported electronicall y by each state through E

MAPS.  The reporting period for all of the data required in this table is July 1 to June 30.  In clude onl y actions initiated during the reporting year. Do not include actions initiated in a previous reporting year that continued into the current reporting ye ar.



### WRITTEN, SIGNED COMP **LAINTS** For this area, state educational agencies ( SEAs ) will provide the total number of written, signed complaints filed during the reporting period and the following subsets of that number:  Complaints with reports issued - The number of written, signed complaints that were complaints with reports issued as of 60 day s following the end of the reporting period; that is, the number of complaints that had a written decision from the S EA as of August 29. Also, provide the following subsets of th at number: o Reports with findings of noncompliance - The number of the reports issued that were reports with findings of noncompliance.Attachment B5 EDFacts Data Set : IDEA Part B Data Collections through E MAPS

Page B5 - 3 Business rule

– This number plus the number without f indings of noncompliance equals the number of complaints with reports issued. o Reports within timeline - The number of reports issued that were reports within timeline (60 days). Do NOT include any written decisions issued more than 60 days after the wri tten, signed complaint was filed . o Reports within extended timelines - The number of the reports issued that were reports within extended timeline . Business rule

– The sum of reports within timeline, reports within extended timeline, and the

reports issu ed late equals the number of complaints with reports issued.  Complaints pending - The number of written, signed complaints that were complaints pending as of August 29. Also, provide the following subset of th at number: o Complaints pending a due process hearing - The number of the pending complaints that were complaints pending a due process hearing . Business rule

– This number plus the number of complaints pending for reasons other than

pending a due process hearing equal the number of complaints pending.  Complaints withdrawn or dismissed - The number of written, signed complaints that were complaints withdrawn or dismissed as of August 29 (60 day s following the end of the reporting period). Business rule

– This sum of the complaints with report s issued, complaints pending, and

complaints withdrawn or dismissed must equal the total number of written, signed complaints.



### MEDIATION REQUESTS For this area, SEAs will provide the total number of mediation requests received through all dispute resolution processes during the reporting period and the following subsets of th at number :  Mediations held - The number of mediation requests that resulted in mediations held as of the end of the reporting period (June 30). Also, provide the following sub sets of th at number: o Mediations held related to due process complaints - The number of mediations held that were mediations held related to due process complaints . Also, provide the following subset of th at number :Attachment B5 EDFacts Data Set : IDEA Part B Data Collections through E MAPS

Page B5 - 4  Mediation agreements related to due process complaints

– The number of mediations held related to due process complaints that resulted in mediation agreements as of the end of the reporting period (June 30 ) . Business rule

– This number plus the number of mediation s held related to due process

comp laints that did not result in a mediation agreement equals the total number of mediations held. o Mediations held not related to due process complaints - The number of mediations held that were mediations held not related to due process complaints. Also, provide the following subset of th at number:  Mediation agreements not related to due process complaints - The number of mediations held not related to due process complaints that resulted in mediation agreements as of the end of the reporting period (Jun e 30). Business rule

– This number plus the number of mediations held not related to due process

complaints that did not result in a mediation agreement equals the mediations held not related to due process complaints . Business rule

– The sum of mediati ons held related to due process complaints and the

mediations held not related to due process complaints equals the number of mediations held.  Mediations pending - The number of mediation requests that were mediations pending as of the end of the reporting period (June 30). This includes mediation requests that were pending as of the end of the reporting period.  Mediations withdrawn or not held - The number of requests that were mediations **withdrawn or**  not held as of the end of the reporting period (June 30). Business rule

– The sum of mediations held, mediations pending, and mediations withdrawn or

not held equals the number of mediation requests received. 

### DUE PROCESS COMPLAIN **TS** For this area, SEAs will provide the number of due process complaints filed during the reporting period. Expedited due process complaints are included here and also reported separatel y . Also, SEAs will provide the following subsets of th at number:  Resolution meetings - The number of the due process complaints that result ed in a resolution meeting as of the end of the reporting period (June 30). Also, provide the following subset of that number:Attachment B5 EDFacts Data Set : IDEA Part B Data Collections through E MAPS

Page B5 - 5 o Written settlement agreements reached through resolution meetings - The number of resolution meetings that resulted in a writt en settlement agreement as of the end of the reporting period. Business rule

– This number plus number of resolution meetings held that did not result in a

written settlement agreement as of the end of the reporting period equals the number of resoluti on meetings.  Hearings full y adjudicated - The number of due process complaints that resulted in hearings full y adjudicated as of the end of th e reporting period, that is, the due process hearing was conducted and the hearing officer issued a written deci sion by June 30. Also, provide the following subsets of that number : o Decisions within timeline (including expedited) - The number of written decisions that were decisions within timeline . Do not include here the decisions within **extended** timelines. o De cisions within extended timeline - The number of written decisions that were decisions within extended timelines . The decision must be issued within the specific time extension granted b y the hearing or reviewing officer . Business rule

– This sum of the d ecisions within timeline, decisions within extended timeline,

and late decisions equals the hearings full y adjudicated.  Due process complaints pending - The number of the due process complaints that were due process complaints pending as of the end of th e reporting period (June 30).  Due process complaints withdrawn or dismissed - The number of due process complaints that were withdrawn or dismissed (including resolved without a hearing) as of the end of the reporting period (June 30) . Business rule

– This sum of hearings full y adjudicated, due process complaints pending, and

due process complaints withdrawn or dismissed equals the due process complaints. 

### EXPEDITED DUE PROCES **S COMPLAINTS** This area is a subset of the due process complaints area. For this area, SEAs will provide the number of expedited due process complaints filed during the reporting period and the following subsets of that number:  Resolution meetings - The number of the expedited due process complaints that resulted in a resolution m eeting as of the end of the reporting period (June 30) and the following subset of that number:Attachment B5 EDFacts Data Set : IDEA Part B Data Collections through E MAPS

Page B5 - 6 o Written settlement agreements - The number of resolution meetings that resulted in a written settlement agreement as of the end of the reporting period. Bus iness rule

– This number plus the number of resolution meetings held that did not result in a

written settlement agreement as of the end of the reporting period equals the number of resolution meetings.  Expedited hearings filly adjudicated - The number o f expedited due process complaints that resulted in expedited hearings full y adjudicated as of the en d of the reporting period, that is, the due process hearing was conducted and the hearing officer issued a written decision by

June 30. o Change of placem ent orders - The number of written decisions that resulted in a change of placement ordered. Business rule

– This number plus the number of written decisions that did not result in a change

of placement equal the number of expedited hearings full y adjudicated.  Expedited due process complaints pending - The number of the expedited due process complaints that were expedited due process complaints pending as of the end of the reporting period (June 30).  Expedited due process complaints withdrawn or dismi ssed

– The number of expedited due process complaints that were withdrawn or dismissed as of the end of the reporting period (June 30 ) . Business rule

– The sum of expedited hearings fully adjudicated, expedited due process complaints pending, and expedite d due process complaints withdrawn or dismissed equals the expedited due process complaints.



### GLOSSARY 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 du e 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.Attachment B5 EDFacts Data Set : IDEA Part B Data Collections through E MAPS

Page B5 - 7 Complaint with report issued

– A written decision was provided b y 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 b y the complainant for any reason or that was determined by the SEA to b e 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 day s after the expiration of the resolution period, but within a specific time extension granted b y 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 p rocess complaint is filed. Due process complaint

– A filing b y 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 agreem ent between the parties (parent and public agency) prior to completion of the due process hearing, those withdrawn b y the filing party, those determined b y 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 p lacement of the child is substantially likely to result in injury to the child or to others.Attachment B5 EDFacts Data Set : IDEA Part B Data Collections through E MAPS

Page B5 - 8 Expedited due process complaint pending

– An expedited du e process complaint wherein an expedited due process hearing has not yet been scheduled or is scheduled b ut 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 b y 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 legall y binding agre ement 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 b y a qualified and impartial mediator to resolve a disagreement between a parent and public agency involving any matter under Part B of ID EA 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 b y 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 mediati on 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, andAttachment B5 EDFacts Data Set : IDEA Part B Data Collections through E MAPS

Page B5 - 9 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 ID EA 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 day s after the written, signed complaint was filed, but within an appropriately extended timeline. An appropriatel y 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 s tate or under s tate procedures. Report within timeline

– The written decision from the SEA that was provided to the complainant not later than 60 days after receiving the written, signed complaint . Resolution meeting

– A meeting, convened b y 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 publ ic agency

withdraws from the mediation process. Written settlement agreement

– A legall y 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.Attachment B5 EDFacts Data Set : IDEA Part B Data Collections through E MAPS

Page B5 - 10 Written, sig

ned 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. 

## MAINTENANCE OF EFFOR **T REDUCTION/ CONTINUING EARLY INT**  **ERVENING SERVICES** The data required for this table are organized into the following areas:  LEA Allocations  M aintenance of Effort Reduction  Provision of Early

Intervening Services  Number of Children Receiving Coordinated Earl y Intervening Services (CEI S) Two changes are proposed for the collection of these data beginning with Federal Fiscal Year 2012 data (School Year 2012 - 13), which will be due in 2014. These changes are noted as **NEW!**



### RE **QUIREMENTS FOR SUBMI TTING THE DATA**   These data are due May 1 .  Report only

whole dollar amounts.  Report on **every** local educational agency (LEA) and educational service agency (ESA) that received a Section 611 or Section 619 subgrant from your state.  In provi ding data for this collection, the State is to submit complete and unsuppressed data.  Each LEA/ESA must be reported b y LEA/ESA name and NCES ID #.  Business rules will be applied to these data.



### SECTION A: LEA ALLO **CATIONS** SEAs will provide the ye ar for whi ch the data were used to make the LEA/E S A determinations and the following information related to each LEA/ESA allocation d uring the reporting period :  Total LEA/ESA allocation for IDEA Section 611 for: o FFY 2011 o FFY 2012 o In crease in LEA/ESA allocation s fro m FFY 2011 to FFY 2012 . The value will be auto - calculated.Attachment B5 EDFacts Data Set : IDEA Part B Data Collections through E MAPS

Page B5 - 11  Total LEA/ESA allocation for IDEA Section 619 for: o FFY 2011 o FFY 2012 o In crease in LEA/ESA allocations from FFY 2011 to FFY 2012 . The value will be auto - calculated.  Total LEA/ESA allocation for Sec tions 611 and 619 for FFY 2012 . The value will be auto - calculated.  15% of total LEA/ESA allocation for Sections 611 and 619 for FFY 2012 . The value will be auto - calculated. 

### SECTION B: MAINTENA **NCE OF EFFORT REDUCT ION**  SEAs will provide the following inform ation related to each LEA/ESA during the reporting period:  Specify

the determination under 34 CFR 300.600(a)(2) that controls whether the LEA may be able to reduce MOE during SY 2012 - 13  Reduction in dollars of local and/or State funds taken pursuant to Section 613(a)(2)(C) by the LEA/ESA during SY 2012 - 13  Percent of the available reduction taken b y LEA/ESA during SY 2012 - 13 . The value will be auto - calculated. 

### SECTION C: PROVISIO **N OF COORDINATED EAR LY** 

**INTERVENING SERVICES (CEIS)**  SEAs will provide the foll owing information related to each LEA/ESA during the reporting period:  Required CEI S o Id entify

which LEAs/ESAs were required to use 15% for CEIS due to significant disproportionality

in SY 2012 - 13 o Each category

under which the LEA/ESA was identified as significantly disproportional **NEW!** o Amount reserved for required CEI S in the LEA/ESA in SY 2012 - 13 o Percent taken for required CEI S during SY 2012 - 13 . The value will be auto calculated.  Voluntary

CEI S o Id entify

which LEA/ESA voluntarily used up to 15% of its ID EA 611 and 619 funds for CEIS in SY 2012 - 13 o Amount reserved for voluntary CEI S in SY 2012 - 13 o Percent taken for voluntary CEIS during SY 2012 - 13. The value will be auto calculated.Attachment B5 EDFacts Data Set : IDEA Part B Data Collections through E MAPS

Page B5 - 12 

### SECTION D: NUMBER O **F CHILDREN RECEIVING COORDINATED EARLY IN**  **TERVENING SE RVICES**  SEAs will provide the following information related to each LEA/ESA during the reporting period:  Total number of children receiving CEIS in the LEA/ESA during SY 2012 - 13  Total number of children who received CEIS anyt ime in the past 2 school years (including SYs 2010 - 11, 2011 - 12, 2012 - 13) and received special education and related services in SY 2012 - 13  S tate’s definition of significant disproportionality . **NEW!** 

### GLOSSARY National Center for Educational Statistics (NCES) Identification Number

– The 7 - character NCES LEA ID that is used to uniquely identify a school district.