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The National Center on Dispute Resolution in Special Education

"Encouraging the use of mediation and other collaborative strategies to resolve disagreements about special
education and early intervention programs."


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This document does not offer formal policy guidance from the Office of Special Education Programs at the United States Department of Education.

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Five Year Annual Report Summaries for Written Complaints, Mediations and Due Process

Five Year State and National Summaries of Dispute Resolution Data

Prepared by CADRE

(with "Cautions for Those Who Would Interpret

State Dispute Resolution Data Reports")

Dick Zeller, Senior Policy Analyst, CADRE

 

Updated February 2, 2011


The down-loadable documents available at the bottom of this page report, for Part B, on the third through the seventh years (2004-05, 2005-06, 2006-07, 2007-08 and 2008-09) of national dispute resolution data collection that began with the Part B and Part C Annual Performance Reports (APRs) submitted March 2004.

These data were submitted as Table 7 (Part B) or Table 4 (Part C) of each state’s/entity’s respective Annual Performance Report for 2004-05 and 2005-06, and in Section 618 reports submitted by each state/entity on November 1, 2007 (for 2006-07 data), 2008 (for 2007-08 data) and 2009 (for 2008-09). The files are in PDF format, and will require Adobe Acrobat Reader to open.

The Part B Summary (2004-05 through 2008-09 Dispute Resolution Data) contains 40 one page summaries. Each summary page contains either the numbers of reported events or the rates (events per 10,000 in state child count) for each year and for each of the four dispute resolution reporting areas: written state complaints, mediations, due process complaints and expedited due process complaints.  Nationally, the number of written state complaints filed peaked in 2004-05 and has declined by almost 20% since then. The number of mediations peaked in 2004-05, then declined sharply in 2005-06 as the resolution process was implemented; in the last three years, the number of mediations held and agreements reached have increased again. Due process complaint filings over the period have declined by about 15%. The reported number of due process hearings fully adjudicated peaked in 2004-05 but has declined sharply over the last four years.

The National Part B Table 7 Summary includes a more complete analysis of trends over the past five years, as well as "Cautions for Those Who Would Interpret State Dispute Resolution Data Reports".

The Part C Summary (2004-05 through 2008-09 Dispute Resolution Data) contains an introduction and summary, as well as 15 one page summaries. Each summary contains the numbers of reported events for each year and for each of the three dispute resolution reporting areas (written state complaints, mediations and due process complaints). Event rates have not been calculated for Part C data. Some increases in dispute resolution activity are evident over this five year period. Complaints filed have increased slightly, mediations held and mediation agreements have increased more substantially and due process complaint filings have dropped by more than a third. The number of states receiving complaints has also shown an increase. The number of states receiving due process complaints has shown a slight decline. Most due process complaint and hearing activity is confined to a few states, while mediation and complaint activity is more widespread. However, Part C dispute resolution activity in general is much less frequent than under the Part B program.

CADRE has made every attempt to ensure that these data accurately represent what states reported to OSEP or have corrected through a verification process with CADRE and through error checking by and in collaboration with Westat’s Data Accountability Center for the 2006-07 and 2007-08 data. Where applicable, we have added notes particular to a table or state. If, at any time, a state identifies inaccuracies in these data, or wish to add an explanatory note to any CADRE report, they are encouraged to contact Dick Zeller.

Any questions or comments about these reports are welcomed and may be addressed to:

Dick Zeller, Senior Policy Analyst, CADRE
rwzeller@directionservice.org
Direct line, 541-284-4740
CADRE reception, 541-686-5060


Data Element Crosswalk 2004-05 thru 2008-09 13 Dec2010.pdf
Data Element Crosswalk 2004-05 thru 2008-09 13 Dec2010.pdf
National Part B Table 7 Summary CADRE 1Feb2011.pdf
National Part B Table 7 Summary CADRE 1Feb2011.pdf
National Part C Table 4 Summary CADRE 4Feb2011.pdf
National Part C Table 4 Summary CADRE 4Feb2011.pdf

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