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    Subject Term: "Alternative dispute resolution"

    2 publications with a total of 4 open recommendations
    Director: Jacqueline M. Nowicki
    Phone: (617) 788-0580

    2 open recommendations
    Recommendation: Based on GAO's review, the Secretary of Education should direct the Office of Special Education Programs to increase transparency regarding the timeliness of due process hearing decisions for Congress and better target its monitoring and technical assistance to states, revise its performance measure to collect information from states on the amount of time that extensions add to due process hearing decisions.

    Agency: Department of Education
    Status: Open

    Comments: : In April 2017, Education reported that it had developed and implemented a plan to monitor states with 10 or more fully adjudicated hearings in a given year where at least 75 percent of the decisions are issued with extended timelines. Specifically, the agency reported it was actively monitoring 6 states meeting these criteria. It would also provide technical assistance to states, as appropriate, to facilitate more timely resolution of due process disputes. Education also reported that it would gather information on the burden and cost of revising its performance measure, however, as of June 2017, it had not provided documentation that it had done so. While these are positive steps, we will consider closing this recommendation when Education's revises its performance measure on the timeliness of due process hearing decisions.
    Recommendation: Based on GAO's review, the Secretary of Education should direct the Office of Special Education Programs to assist its oversight of dispute resolution, take steps to improve the comparability of parental involvement data while minimizing the burden to states, and use the data for better management decision making. Steps to consider could include establishing and requiring that states follow standard data collection and analysis procedures.

    Agency: Department of Education
    Status: Open

    Comments: In FY15, Education reported that the IDEA Data Center, in relation to the parent involvement portion of the audit, has continued review of APR [need to spell out] indicator B8 to collect information related to data collection methods, results, and improvement activities for the indicator summary for OSEP. It also began reviewing existing sources for information on how parent data are collected and best practices/ exemplars that are publicly available. In April 2017, Education reported it would direct Parent Technical Assistance Centers and other Education-funded centers to work together to develop and disseminate materials to assist states in analyzing and using parental involvement data to improve the provision of special education services. We believe this effort could help individual states improve methods for analyzing and using parental involvement data. However, we await documentation that such materials were developed and distributed. Also, it is unclear how it would improve the comparability of parental involvement data across states and allow Education to accurately assess states' performance on this IDEA indicator.
    Director: Jones, Yvonne D
    Phone: (202) 512-9095

    2 open recommendations
    Recommendation: If pilot projects are approved by EEOC, the Acting Chairman of EEOC should direct pilot project officials to develop for each pilot project an evaluation plan that includes key features to improve the likelihood that pilot project evaluations will yield sound results, such as (1) well-defined, clear, and measurable objectives; measures that are directly linked to the program objectives; criteria for determining pilot program performance; (2) a way to isolate the effects of the pilot programs; (3) a data analysis plan for the evaluation design; and (4) a detailed plan to ensure that data collection, entry, and storage are reliable and error free.

    Agency: Equal Employment Opportunity Commission
    Status: Open

    Comments: According to EEOC officials, the agency is in the process of proposing changes in regulations that would allow use of the pilot programs. The EEOC must then send the guidance to OMB for its approval. Depending on what happens during that process, the guidance could be returned to EEOC for additional consideration. However, once approved, the EEOC can then implement the pilot programs and address our recommendations. These recommendations were to include an evaluation plan in the programs. As part of the evaluation plan, we also recommended that the EEOC adopt an appropriate methodology that could assess the success of the programs. Therefore, we are keeping the recommendation open. 12/2011: In providing comments on this report, EEOC concurred with this recommendation. While the agency has not implemented the recommendation, it is proposing changes to the Federal sector regulatory process that would allow the use of pilot projects subject to Commission approval. EEOC has sent a notice of proposed rulemaking (NPRM) to 170 agencies to solicit their comments on pilot programs to test alternative approaches to administering the EEOC complaint process. EEOC has received and is reviewing comments from the 33 agencies which submitted comments on the proposed draft. According to an EEOC official, EEOC currently is analyzing the comments on the NPRM and drafting the Final Rule. Once approved by EEOC, we will request and review EEOC's plans to evaluation the pilot projects. 5/28/13: According to EEOC, pilot projects in the Federal sector were included in the Notice of Proposed Rule Making (NPRM) that would modify EEOC regulations governing the Federal Sector process. That regulation is currently under consideration by the Commission. At the time of our contact, EEOC did not have a timeframe for a decision. Further, after EEOC's decision, it would then go to OMB for review and approval before the final rule is published. We recently contacted the EEOC and have a meeting scheduled for 12/17/16 to discuss the status of the pilot program and the recommendations.
    Recommendation: If pilot projects are approved by EEOC, the Acting Chairman of EEOC should direct commission staff to review and approve pilot projects' evaluation plans to increase the likelihood that evaluations will yield methodologically sound results, thereby supporting effective program and policy decisions.

    Agency: Equal Employment Opportunity Commission
    Status: Open

    Comments: According to EEOC officials, the agency is in the process of proposing changes in regulations that would allow use of the pilot programs. The EEOC must then send the guidance to OMB for its approval. Depending on what happens during that process, the guidance could be returned to EEOC for additional consideration. However, once approved, the EEOC can then implement the pilot programs and address our recommendations. These recommendations were to include an evaluation plan into the programs. As part of the evaluation plan, we also recommended that the EEOC adopt an appropriate methodology that could assess the success of the programs. Therefore, we are keeping the recommendation open. 12/2011: In providing comments on this report, EEOC concurred with this recommendation. While the agency has not implemented the recommendation, it is proposing changes to the Federal sector regulatory process that would allow the use of pilot projects subject to Commission approval. EEOC has sent a notice of proposed rulemaking (NPRM) to 170 agencies to their solicit comments on pilot programs to test alternative approaches to administering the EEOC complaint process. EEOC has received and is reviewing comments from the 33 agencies who submitted comments on the proposed draft. According to an EEOC official, EEOC currently is analyzing the comments on the NPRM and drafting the Final Rule. Once approved by EEOC, we will request and review information on EEOC's efforts to review and approve evaluation plans for the pilot projects. 12/23/2011: According to EEOC, pilot projects in the Federal sector were included in the Notice of Proposed Rule Making (NPRM) that would modify EEOC regulations governing the Federal Sector process. That regulation is currently under consideration by the Commission. At the time of our contact, EEOC did not have a timeframe for a decision. Further, after EEOC's decision, it would then go to OMB for review and approval before the final rule is published. We recently contacted the EEOC and have a meeting scheduled for 12/17/16 to discuss the status of the pilot program and the recommendations.