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United States Government Accountability Office: 
GAO: 

Report to the Chairman, Committee on Education and the Workforce, 
House of Representatives: 

August 2014: 

Special Education: 

Improved Performance Measures Could Enhance Oversight of Dispute 
Resolution: 

GAO-14-390: 

GAO Highlights: 

Highlights of GAO-14-390, a report to the Chairman, Committee on 
Education and the Workforce, House of Representatives. 

Why GAO Did This Study: 

States receiving IDEA funds must ensure that a free appropriate public 
education is made available to all children with disabilities, and 
IDEA has long incorporated formal methods to resolve disputes between 
parents and school districts. The 2004 reauthorization of IDEA 
expanded the availability of alternative dispute resolution by 
broadening the use of voluntary mediation and requiring resolution 
meetings prior to due process hearings. GAO was asked to examine the 
use of dispute resolution methods since 2004. In this report GAO (1) 
examines recent trends in dispute resolution methods, (2) reports 
stakeholders' views on alternative methods, and (3) assesses 
Education's related performance measures for states. GAO analyzed 
federal dispute resolution data from 2004 to 2012, conducted a 
national survey, compared Education's performance measures to 
leading practices, and interviewed Education officials and 
stakeholders selected for their knowledge of dispute resolution. 

What GAO Found: 

From 2004 through 2012, the number of due process hearings—-a formal 
dispute resolution method and a key indicator of serious disputes 
between parents and school districts under the Individuals with 
Disabilities Education Act (IDEA)—-substantially decreased nationwide 
as a result of steep declines in New York, Puerto Rico, and the 
District of Columbia. Officials in these locations largely attributed 
these declines to greater use of mediation and resolution meetings—-
methods that IDEA requires states to implement. Despite the declines, 
officials in these locations said that higher rates of hearings 
persisted because of disputes over private school placements or 
special education services. GAO did not find noteworthy trends in the 
use of other IDEA dispute resolution methods, including state 
complaints, mediation, and resolution meetings. States and territories 
reported on GAO's survey that they used mediation, resolution 
meetings, and other methods they voluntarily implemented to facilitate 
early resolution of disputes and to avoid potentially adversarial due 
process hearings. 

Figure: Due Process Hearings in New York, Puerto Rico, the District of 
Columbia, and Other States and Territories, 2004-2012: 

[Refer to PDF for image: stacked line graph] 

Number of due process hearings: 

Academic year: 2004-05; 
All other states/territories: 925; 
District of Columbia: 3,837; 
Puerto Rico: 1,293; 
New York: 1,294. 

Academic year: 2005-06; 
All other states/territories: 667; 
District of Columbia: 2,445; 
Puerto Rico: 1,219; 
New York: 1,054. 

Academic year: 2006-07; 
All other states/territories: 563; 
District of Columbia: 1,893; 
Puerto Rico: 1,271; 
New York: 810. 

Academic year: 2007-08; 
All other states/territories: 516; 
District of Columbia: 1,319; 
Puerto Rico: 833; 
New York: 550. 

Academic year: 2008-09; 
All other states/territories: 475; 
District of Columbia: 867; 
Puerto Rico: 1,010; 
New York: 552. 

Academic year: 2009-10; 
All other states/territories: 470; 
District of Columbia: 282; 
Puerto Rico: 1,152; 
New York: 425. 

Academic year: 2010-11; 
All other states/territories: 442; 
District of Columbia: 274; 
Puerto Rico: 900; 
New York: 381. 

Academic year: 2011-12; 2,262 total; 
All other states/territories: 414; District of Columbia: 268; 
Puerto Rico: 887; 
New York: 693. 

Source: GAO analysis of National Center on Dispute Resolution in 
Special Education data. GAO-14-390. 

[End of figure] 

States, territories, and other stakeholders generally reported on GAO'
s survey or in interviews that alternative methods are important to 
resolving disputes earlier. Some stakeholders cited the potential of 
these methods to improve communication and trust between parents and 
educators. Some state officials said that a lack of public awareness 
about the methods they have voluntarily implemented was a challenge to 
expanding their use, but they were addressing this with various kinds 
of outreach, such as disseminating information through parent 
organizations. 

The Department of Education (Education) uses several measures to 
assess states' performance on dispute resolution but lacks complete 
information on timeliness and comparable data on parental involvement. 
Education requires all states to report the number of due process 
hearing decisions that were made within 45 days or were extended; 
however, it does not direct states to report the total amount of time 
that extensions add to due process hearing decisions. Similarly, 
Education collects data from states on parental involvement—-a key to 
dispute prevention-—but does not require consistent collection and 
reporting, so the data are not comparable nationwide. Leading 
performance measurement practices state that successful performance 
measures should be clearly stated and provide unambiguous information. 
Without more transparent timeliness data and comparable parental 
involvement data, Education cannot effectively target its oversight of 
states' dispute resolution activities. 

What GAO Recommends: 

GAO recommends that Education improve measures for overseeing states' 
dispute resolution performance, including more transparent data on due 
process hearing decisions and comparable parental involvement data. 
Education neither agreed nor disagreed with the recommendations and 
proposed alternative actions. GAO does not believe these proposals 
will address the weaknesses in Education's performance measures and 
continues to believe the recommendations remain valid. 

View [hyperlink, http://www.gao.gov/products/GAO-14-390]. For more 
information, contact Jacqueline M. Nowicki at (617) 788-0580 or 
nowickij@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

Due Process Hearings Have Substantially Decreased, and States and 
Territories Use a Range of Other Methods to Resolve Disputes: 

States, Territories, and Other Stakeholders Reported Alternative 
Dispute Resolution Methods Helped Resolve Disputes without Resorting 
to Due Process Hearings: 

Education Lacks Key Information on the Timeliness of Due Process 
Hearing Decisions, and the Parental Involvement Data It Collects Are 
Not Used for Oversight: 

Conclusions: 

Recommendations for Executive Action: 

Agency Comments and Our Evaluation: 

Appendix I: Comments from the U.S. Department of Education: 

Appendix II: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Established Timelines for Due Process Hearing and State 
Complaint Decisions: 

Table 2: Dispute Resolution Performance Measures: 

Table 3: Examples of State Comments on Most Common Voluntarily Offered 
Methods: 

Figures: 

Figure 1: Steps in Due Process and State Complaint Process under the 
Individuals with Disabilities Education Act: 

Figure 2: Rate of Due Process Hearings, 2004-2012: 

Figure 3: Number of Due Process Hearings, 2004-2012: 

Figure 4: Rates of Mediations and Resolution Meetings: 

Figure 5: Commonly Offered Alternative Dispute Resolution Methods 
Voluntarily Implemented by States and Territories: 

Figure 6: Use of Extensions to Due Process Hearing Decision Timelines 
for School Year 2011-2012: 

Abbreviations: 

CADRE: Consortium for Appropriate Dispute Resolution in Special 
Education: 

Education: Department of Education: 

IDEA: Individuals with Disabilities Education Act: 

IEP: Individualized education program: 

LEA: Local educational agency: 

NCSEAM: National Center for Special Education Accountability 
Monitoring: 

OSEP: Office of Special Education Programs: 

PACER: Parent Advocacy Coalition for Educational Rights: 

SEA: State educational agency: 

[End of section] 

United States Government Accountability Office: 
GAO:
441 G St. N.W. 
Washington, DC 20548: 

August 25, 2014: 

The Honorable John Kline: 
Chairman: 
Committee on Education and the Workforce: 
House of Representatives: 

Dear Mr. Chairman: 

The Department of Education (Education) reported that in school year 
2010-11, approximately 6.4 million children and youth aged 3 through 
21 received special education and related services under the 
Individuals with Disabilities Education Act (IDEA), Part B. First 
enacted in 1975 as the Education for All Handicapped Children Act, 
IDEA was last reauthorized in 2004. Its purposes include ensuring that 
a free appropriate public education is available to children with 
disabilities, protecting their and their parents' rights under the 
Act, and assisting states and local educational agencies (LEA) in 
financing their education.[Footnote 1] To accomplish these purposes, 
the Act requires that states accepting IDEA funds ensure that schools 
develop, with input from parents, an individualized education program 
(IEP) for each eligible child[Footnote 2] and implement certain 
procedural safeguards, including the opportunity to present a 
complaint with respect to matters related to the identification, 
evaluation, or educational placement of children with disabilities or 
the provision of a free appropriate public education to the child. 
[Footnote 3] IDEA and its implementing regulations provide formal 
methods--due process complaint and hearing procedures and state 
complaint procedures--for resolving disputes between parents and 
school districts, which represent important protections for families 
under IDEA.[Footnote 4] However, federal policymakers have recognized 
the often adversarial and costly nature of escalated disputes between 
parents and school districts--especially those that involve due 
process hearings. Similarly, Education has observed that due process 
hearings generally are expensive for all parties, time-consuming, and 
are universally understood to be a marker of serious unresolved 
differences about a student's need for special education and related 
services or the nature or location of services.[Footnote 5] 
Reauthorizations of IDEA have included provisions to promote early and 
less costly methods of dispute resolution. In 1997, IDEA was amended 
to require states to offer parties to a dispute the opportunity to 
voluntarily use mediation, whenever a due process complaint was filed. 
[Footnote 6] The 2004 reauthorization of IDEA required states to 
expand the availability of mediation, allowing parents and districts 
to use it at any point; that is, before or after filing a due process 
or state complaint. It also required parties to attend a resolution 
meeting within 15 days of when a parent files a due process complaint 
to encourage them to resolve disputes prior to due process hearings, 
unless both parties agree to waive the meeting or use IDEA's mediation 
process.[Footnote 7] Resolution meetings and mediation are regarded by 
Education as alternative dispute resolution methods.[Footnote 8] 

In preparation for the next reauthorization of IDEA, you asked us to 
examine the use of dispute resolution methods, including mediation and 
resolution meetings, since the 2004 reauthorization. This report 
examines the following questions: 

1. What are the recent trends in methods used to resolve IDEA disputes 
between parents and school districts? 

2. What are the views of stakeholders regarding the value of 
alternative methods for resolving disputes? 

3. How do Education's performance measures related to dispute 
resolution compare to leading practices in performance measurement? 

To describe the recent trends in methods used to resolve IDEA 
disputes, we analyzed data collected by Education and compiled by the 
National Center on Dispute Resolution in Special Education operated by 
the Consortium for Appropriate Dispute Resolution in Special Education 
(CADRE) for all states, the District of Columbia, and U.S. territories 
from school year 2004-05 through 2011-12--the most recent data 
available at the time we did our work.[Footnote 9] We reviewed 
relevant federal laws and regulations, as well as Education's 
policies, procedures and guidance to gain an understanding of 
requirements related to dispute resolution. We assessed the 
reliability of dispute resolution data by (1) performing electronic 
testing of required data elements, (2) reviewing existing information 
about the data and the system that produced them, and (3) interviewing 
agency officials knowledgeable about the data. We determined that the 
data were sufficiently reliable for the purposes of this report. We 
supplemented trend data with information on dispute resolution that we 
collected in a web-based, self-administered survey of special 
education directors (or other officials performing that role) in all 
states and U.S. territories (60 entities in total).[Footnote 10] We 
designed and tested the questionnaire in consultation with subject 
matter specialists, special education stakeholders, and state special 
education directors, which we selected for their knowledge of special 
education dispute resolution. For example, we consulted two 
organizations that collaborated on a prior survey of state directors 
of special education on dispute resolution. Survey data collection 
took place from late 2013 through January 2014 and we obtained a 100 
percent response rate. 

To describe the views of stakeholders regarding the value of 
alternative methods for resolving disputes, we collected responses in 
a survey of state and territory special education directors and 
conducted other activities. We asked survey questions about the 
perceived importance of alternative methods for resolving disputes as 
well as challenges faced and assistance received in implementing these 
methods. In addition to states' views on alternative dispute 
resolution, we also collected information from national organizations 
and subject matter specialists in special education, including 
organizations representing states, school districts, parents, and 
students, which we selected based on their knowledge of special 
education dispute resolution. To obtain the perspective of parents of 
children with disabilities, we gathered the perspectives of 
organizations representing the views and rights of these parents. We 
also held discussion groups with 14 parents identified by the state 
educational agency (SEA) and Parent Information and Training Centers 
in one state regarding their recent experiences in using alternative 
methods for resolving disputes.[Footnote 11] The views of these 
parents are not generalizable but still provide valuable information 
to illustrate the range of parent views on alternative methods to 
resolving disputes in special education. Additionally, we conducted a 
search of related literature and reviewed prior GAO work on this 
topic.[Footnote 12] 

To evaluate how Education assesses states' performance in IDEA dispute 
resolution, we reviewed Education's state performance measures related 
to dispute resolution and compared them to nine attributes of 
successful performance measures previously identified by GAO, such as 
whether performance measures are designed to be clear.[Footnote 13] In 
assessing Education's measures against these attributes, we analyzed 
Education dispute resolution performance data and spoke with Education 
officials about performance measures and monitoring of dispute 
resolution. We reviewed methodological issues as necessary to assess 
whether a particular measure met the overall characteristics of a 
successful performance measure. To inform all of our objectives, we 
reviewed relevant federal laws, regulations, and guidance and 
interviewed officials with Education's Office of Special Education 
Programs (OSEP), CADRE, SEAs, and national stakeholders and subject 
matter specialists in special education and IDEA dispute resolution. 
We selected national stakeholders and subject matter specialists based 
on their knowledge of dispute resolution issues in special education. 

We conducted this performance audit from April 2013 to August 2014 in 
accordance with generally accepted government auditing standards. 
Those standards require that we plan and perform the audit to obtain 
sufficient, appropriate evidence to provide a reasonable basis for our 
findings and conclusions based on our audit objectives. We believe 
that the evidence obtained provides a reasonable basis for our 
findings and conclusions based on our audit objectives. 

Background: 

A special education dispute may involve a variety of issues. According 
to an Education study published in 2011, the most common topics of 
disputes were (1) whether schools were providing an appropriate 
educational environment for certain students; (2) whether schools 
carried out the education programs as set forth in the IEP; (3) the 
types of special education and related services, if any, specific 
children needed; and (4) children's eligibility for IDEA services and 
whether eligibility determinations were properly made.[Footnote 14] 

A range of methods exists to resolve special education disputes, 
ranging from formal hearings and state complaint procedures to less 
formal, alternative methods. 

Due Process Hearings and State Complaints: 

IDEA and its implementing regulations have long required states to 
provide two formal methods--due process hearings and state complaint 
resolutions--for resolving disputes between parents and school 
districts. Although both methods provide avenues for resolving such 
disputes, these processes differ with respect to who can file each 
type of complaint, subject matter, timing, procedures, and appeal 
processes. 

Due Process Hearings: 

IDEA provides that parents and school districts have the right to file 
a due process complaint notice to request a due process hearing on any 
matter relating to the identification, evaluation, or educational 
placement of a child, or the provision of a free appropriate public 
education to a child with a disability.[Footnote 15] For example, a 
parent might file a due process complaint over whether a school 
district is using the appropriate instructional methods for a child. 
After filing a complaint but prior to holding a hearing, IDEA requires 
parties to a dispute to attend a resolution meeting where parents 
discuss their complaint and the facts that form the basis of the 
complaint and the LEA is given the opportunity to resolve the 
complaint, unless the parent and the LEA agree in writing to waive the 
meeting or use IDEA's mediation process.[Footnote 16] The purpose of 
the resolution meeting is to achieve a prompt and early resolution of 
a parent's due process complaint to avoid a more costly and 
adversarial due process hearing and the potential for civil 
litigation.[Footnote 17] If the parties reach an agreement at the 
resolution meeting, then a due process hearing is not necessary. If 
the parties do not reach an agreement or choose to waive this meeting, 
a due process hearing is held. A due process hearing is an 
administrative proceeding in which an impartial hearing officer 
receives evidence, provides for the examination and cross-examination 
of witnesses by each party, and then issues a report of findings of 
fact and a decision. [Footnote 18] Either party can appeal a hearing 
officer's decision in any state court of competent jurisdiction or in 
federal court without regard to the amount in controversy.[Footnote 19] 

State Complaints: 

Education's regulations pertaining to state complaint procedures 
permit parents and organizations and individuals, including those from 
another state, to file a complaint with the SEA alleging that a public 
agency has violated a requirement of IDEA, Part B.[Footnote 20] This 
differs from a due process complaint in part because, while only 
parents and public agencies can file due process complaints, any 
organization or individual, including one from another state, may file 
a written state complaint. Once the complaint has been filed, the SEA 
must carry out an independent on-site investigation if the SEA 
determines that an investigation is necessary.[Footnote 21] It must 
then make a determination and issue a written decision that may 
include specific procedures for implementation of its decision. In 
contrast to due process procedures, parties cannot file an appeal in 
state or federal court. 

See figure 1 for a comparison of the steps involved in due process and 
state complaint process under IDEA. 

Figure 1: Steps in Due Process and State Complaint Process under the 
Individuals with Disabilities Education Act: 

[Refer to PDF for image: process illustration] 

Formal dispute: Disputes involving school's identification, 
evaluation, placement, etc. of student: 

File due process complaint; 
Resolution meeting (unless waived); 
Due process hearing; 
Hearing officer reaches a decision; 
Hearing officer's decision can be appealed to state or federal court. 

Formal dispute: Disputes involving alleged violations of Part B of the 
Individuals with Disabilities Education Act (IDEA): 

File state complaint; 
State investigation (if necessary); State issues written decision. 

Source: GAO analysis of IDEA regulations. GAO-14-390. 

Note: IDEA allows parties to a dispute to use mediation at any time 
during the due process and state complaint processes, as well as prior 
to the filing of a due process or state complaint. 

[End of figure] 

Education established specific timelines for issuing decisions 
resulting from due process hearings and state complaint resolutions 
and set terms by which these timelines can be extended (see table 1). 

Table 1: Established Timelines for Due Process Hearing and State 
Complaint Decisions: 

Due process hearing decision: 
Timeline: Must be reached within 45 days after the conclusion of the 
resolution period.[A] The resolution period is 30 days and starts with 
the filing of a due process complaint[B]; 
Extension: A hearing officer may grant an extension to the due process 
hearing time periods at the request of the parent or school 
district[C]. 

State complaint decision: 
Timeline: Must be issued within 60 days after a complaint is filed 
with the state educational agency (SEA)[D]; 
Extension: An SEA may grant an extension to the time limit for a state 
complaint investigation but generally only in exceptional 
circumstances or where the parent and school district agree to extend 
the timeline to engage in mediation or another alternative method of 
dispute resolution[E]. 

Source: GAO analysis of IDEA regulations. GAO-14-390. 

Notes: An SEA's procedures for granting extensions of the deadline for 
resolving state complaints must also include procedures for effective 
implementation of the SEA's final decision, if needed. 34 C.F.R. § 
300.152(b)(2). Education guidance states that exceptional 
circumstances do not include state staff shortages or heavy caseloads; 
school vacations and breaks; or the use of mediation or alternative 
dispute resolution without agreement by both parties to extend the 60-
day time limit. 

[A] 34 C.F.R. § 300.515(a). 

[B] 34 C.F.R. § 300.510(a), (b). 

[C] 34 C.F.R. § 300.515(c). 

[D] 34 C.F.R. § 300.152(a). 

[E] 34 C.F.R. § 300.152(b). 

[End of table] 

Alternative Dispute Resolution Methods: 

A variety of alternative dispute resolution methods exist that provide 
opportunities for parties to resolve disputes prior to due process 
hearings or state complaint resolutions. These include two methods 
states are required to provide under IDEA--mediation and resolution 
meetings--as well as others that states have voluntarily implemented. 

Mediation and Resolution Meetings: 

Either a parent or a school district can initiate the mediation 
process, which must be voluntary for each party. Mediations are 
conducted by a qualified and impartial individual who is trained in 
effective mediation techniques and knowledgeable in laws and 
regulations about special education and related services. If the 
parties reach an agreement through the mediation process, they must 
execute a signed, written agreement. According to Education the 
agreement is enforceable in any state or federal district court or by 
the SEA if the state has other procedures that permit parties to seek 
enforcement of mediation or resolution agreements. 

Resolution meetings allow parents and districts an opportunity to 
resolve a dispute without due process hearings by providing an 
opportunity for them to discuss the due process complaint and the 
facts that form the basis of that complaint without necessarily having 
attorneys present.[Footnote 22] Similar to mediation, if the parties 
reach agreement in a resolution meeting, they must execute a signed 
written agreement that is enforceable in state or federal court. 

Other Alternative Methods: 

Alternative methods that states have voluntarily developed and 
implemented are generally meant to help to facilitate early resolution 
of disputes before they proceed to a due process hearing and to 
preserve relationships between families and educators. Examples of 
early resolution practices include educator training in conflict 
resolution, which is designed to equip individuals with skills to 
better communicate and negotiate their positions and interests, and 
facilitated IEP meetings in which a facilitator helps keep members of 
the IEP team focused on the development of the IEP while addressing 
conflicts and disagreements that may arise during the meeting. 

Education's Oversight and Technical Assistance: 

To ensure states comply with the requirements of their IDEA grants, 
Education's Office of Special Education Programs (OSEP) conducts a 
variety of activities to oversee and assist them, including monitoring 
states' performance on a variety of indicators. We have previously 
reported that agencies need to have performance measures that 
demonstrate results, are limited to a vital few, cover multiple 
priorities, and provide useful information for decision making in 
order to track how their programs and activities can contribute to 
attaining the agency's goals and mission.[Footnote 23] Further, past 
GAO work has shown that agencies successful in measuring performance 
had performance measures reflecting a range of attributes, such as 
clarity in how measures are stated and defined.[Footnote 24] Education 
uses four performance measures for dispute resolution as part of a 
system of performance measures to guide SEAs in their implementation 
of IDEA and in how they report their progress and performance to the 
department (see table 2).[Footnote 25] 

Table 2: Dispute Resolution Performance Measures: 

Measure: Timely State Complaint Reports; 
Description: Percent of state complaint reports issued within the 60-
day timeline or a timeline extended for exceptional circumstances. 

Measure: Timely Due Process Hearing Decisions; 
Description: Percent of due process hearing decisions made within the 
45-day timeline or a timeline that is properly extended by the hearing 
officer. 

Measure: Hearing Requests Resolved by Resolution Meetings; 
Description: Percent of hearing requests that went to resolution 
sessions that were resolved through resolution session settlement 
agreements. 

Measure: Mediations Resulting in Agreements; 
Description: Percent of mediations held that resulted in mediation 
agreements. 

Source: GAO analysis of Education documentation. GAO-14-390. 

[End of table] 

Education established a new IDEA data center to help states, school 
districts, and other entities build capacity for collecting high 
quality IDEA performance data, including dispute resolution data, and 
makes these data available to the public on the center's website. 
[Footnote 26] Education uses a variety of tools, including analyzing 
states' performance data and conducting desk audits and on-site visits 
to monitor states' compliance with IDEA's dispute resolution 
requirements and target technical assistance. 

Education has also recognized that involving parents in the education 
of their children with disabilities is important to preventing or 
mitigating disputes with school districts. In addition to data on 
dispute resolution, Education also requires states to provide data on 
the extent to which parents report that schools facilitated parent 
involvement to improve services and results for children with 
disabilities. 

Education provides several forms of technical assistance to help 
states implement informal early resolution methods to facilitate the 
timely resolution of disputes. For example, Education funds the 
National Center on Dispute Resolution in Special Education to provide 
states with assistance in implementing a range of dispute resolution 
options, including those that provide opportunities for early, less 
costly, and less adversarial dispute resolution. Education also funds 
a national network of Parent Training and Information Centers that 
provide parents in each state with information about their rights 
under IDEA and the options available to them for resolving special 
education disputes. Lastly, Education provides written guidance on 
dispute resolution procedures under IDEA. 

Due Process Hearings Have Substantially Decreased, and States and 
Territories Use a Range of Other Methods to Resolve Disputes: 

The National Decline in Rates and Numbers of Due Process Hearings Has 
Been Driven by Steep Rate Declines in New York, District of Columbia, 
and Puerto Rico: 

Since 2004, the nationwide rates of due process hearings[Footnote 27]--
a key indicator of serious disputes between parents and school 
districts and a formal method for resolving disputes--have decreased 
substantially (see figure 2).[Footnote 28] As shown in figure 2, this 
trend was largely driven by steep rate declines in New York, District 
of Columbia, and Puerto Rico--three locations that have relatively 
high rates of due process hearings.[Footnote 29] SEA representatives 
in these locations cited the use of mediation or resolution meetings 
as key among the reasons for the declines. Additionally, a New York 
official told us that the use of settlement agreements prior to due 
process hearing decisions may have also contributed to declines in 
hearings, while a District of Columbia official pointed to 
improvements in identifying students with special education needs 
earlier and delivering services more efficiently. Lastly, a 
representative for Puerto Rico told us that improvements in how the 
SEA handles due process complaints and the use of technology have 
resulted in a decline in hearings. 

Figure 2: Rate of Due Process Hearings, 2004-2012: 

[Refer to PDF for image: multiple line graph] 

Number of due process hearings per 10,000 special education students: 

Academic year: 2004-05; 
Rate with all U.S. states and territories: 10.78; 
Rate excluding New York, District of Columbia, and Puerto Rico: 1.48. 

Academic year: 2005-06; 
Rate with all U.S. states and territories: 7.9; 
Rate excluding New York, District of Columbia, and Puerto Rico: 1.06. 

Academic year: 2006-07; 
Rate with all U.S. states and territories: 6.68; 
Rate excluding New York, District of Columbia, and Puerto Rico: 0.9. 

Academic year: 2007-08; 
Rate with all U.S. states and territories: 4.78; 
Rate excluding New York, District of Columbia, and Puerto Rico: 0.84. 

Academic year: 2008-09; 
Rate with all U.S. states and territories: 4.39; 
Rate excluding New York, District of Columbia, and Puerto Rico: 0.78. 

Academic year: 2009-10; 
Rate with all U.S. states and territories: 3.52; 
Rate excluding New York, District of Columbia, and Puerto Rico: 0.78. 

Academic year: 2010-11; 
Rate with all U.S. states and territories: 3.05; 
Rate excluding New York, District of Columbia, and Puerto Rico: 0.74. 

Academic year: 2011-12; 
Rate with all U.S. states and territories: 3.46; 
Rate excluding New York, District of Columbia, and Puerto Rico: 0.7. 

Source: GAO analysis of National Center on Dispute Resolution in 
Special Education data. GAO-14-390. 

[End of figure] 

Despite such substantial declines, due process hearings in these 
locations still comprised over 80 percent of due process hearings 
nationally in 2011-2012. For trends in the numbers of due process 
hearings in these locations and all other states, see figure 3. 

Figure 3: Number of Due Process Hearings, 2004-2012: 

[Refer to PDF for image: stacked line graph] 

Number of due process hearings: 

Academic year: 2004-05; 
All other states/territories: 925; 
District of Columbia: 3,837; 
Puerto Rico: 1,293; 
New York: 1,294. 

Academic year: 2005-06; 
All other states/territories: 667; 
District of Columbia: 2,445; 
Puerto Rico: 1,219; 
New York: 1,054. 

Academic year: 2006-07; 
All other states/territories: 563; 
District of Columbia: 1,893; 
Puerto Rico: 1,271; 
New York: 810. 

Academic year: 2007-08; 
All other states/territories: 516; 
District of Columbia: 1,319; 
Puerto Rico: 833; 
New York: 550. 

Academic year: 2008-09; 
All other states/territories: 475; 
District of Columbia: 867; 
Puerto Rico: 1,010; 
New York: 552. 

Academic year: 2009-10; 
All other states/territories: 470; 
District of Columbia: 282; 
Puerto Rico: 1,152; 
New York: 425. 

Academic year: 2010-11; 
All other states/territories: 442; 
District of Columbia: 274; 
Puerto Rico: 900; 
New York: 381. 

Academic year: 2011-12; 2,262 total; 
All other states/territories: 414; 
District of Columbia: 268; 
Puerto Rico: 887; 
New York: 693. 

Source: GAO analysis of National Center on Dispute Resolution in 
Special Education data. GAO-14-390. 

[End of figure] 

Outside of these three locations, the rate of due process hearings has 
remained consistently low, ranging from 1.5 hearings per 10,000 
special education students in 2004-2005 to 0.7 hearings in 2011-2012. 
These overall low rates of due process hearings are slightly lower 
than observations we made over a decade ago, when we found that due 
process hearings occurred at a low rate of about 5 per 10,000 special 
education students in 2000.[Footnote 30] Education officials told us 
that reducing the occurrence of due process hearings was generally 
positive--considering that hearings can be protracted, adversarial and 
costly. However, they suggested that a low number of due process 
hearings may not necessarily indicate a lack of problems associated 
with delivering special education services. They suggested that 
dispute resolution trends should be understood in combination with 
other information on individual states, such as parents' awareness of 
the procedural safeguards under IDEA. 

According to state education officials, certain types of complaints 
have been associated with the substantially higher rates of due 
process hearings in New York, District of Columbia, and Puerto Rico. 
For example, state education officials in these locations told us that 
many due process hearings were held because parents and officials from 
their children's school districts disagreed on whether to place the 
students in private schools. In addition, a state education official 
in Puerto Rico told us many due process hearings were held because 
parents and officials disagreed about the need to provide services 
related to special education, such as physical therapy or special 
classroom accommodation. Further, Education officials told us that 
higher rates of due process hearings in District of Columbia and 
Puerto Rico have been driven, in part, by consent decrees, which are 
agreements entered into by parties to a lawsuit under the supervision 
of a court. For example, lawsuits were initiated against District of 
Columbia public schools in 1997, alleging that District of Columbia 
failed to provide timely due process hearings and implementation of 
hearing officer determinations and settlement agreements. The latest 
consent decree was approved under this litigation in 2006 by the U.S. 
District Court for the District of Columbia, with one of its goals 
being for District of Columbia to achieve and maintain timely due 
process hearings.[Footnote 31] 

States and Territories Use a Range of Alternative Methods for Early 
Dispute Resolution: 

Regarding the two alternative methods states are required by IDEA to 
make available, the rate of mediations held decreased slightly from 
2004 to 2012, and the rate of resolution meetings held more than 
doubled from 2005-06--when states were first required to implement 
them--to 2006-07 and declined slightly from 2006-07 to 2011-12 (see 
figure 4). The slight overall decline in mediations may have resulted, 
in part, from the decrease in due process complaints filed. According 
to Education officials, the low rate of resolution meetings in 2005-
2006 (6.9 per 10,000 students) can be explained primarily by the lack 
of awareness about this new requirement among school districts at that 
time. 

Figure 4: Rates of Mediations and Resolution Meetings: 

[Refer to PDF for image: multiple line graph] 

Number per 10,000 special education students: 

Academic year: 2004-05; 
Mediations: 10.44. 

Academic year: 2005-06; 
Mediations: 8.57; 
Resolution meetings: 6.93. 

Academic year: 2006-07; 
Mediations: 8.59; 
Resolution meetings: 14.49. 

Academic year: 2007-08; 
Mediations: 8.43; 
Resolution meetings: 13.15. 

Academic year: 2008-09; 
Mediations: 9.15; 
Resolution meetings: 12. 

Academic year: 2009-10; 
Mediations: 8.13; 
Resolution meetings: 14.83. 

Academic year: 2010-11; 
Mediations: 8.43; 
Resolution meetings: 14.59. 

Academic year: 2011-12; 
Mediations: 9.25; 
Resolution meetings: 14.13. 

Source: GAO analysis of National Center on Dispute Resolution in 
Special Education data. GAO-14-390. 

[End of figure] 

We found that while mediations occurred less frequently than 
resolution meetings in 2011-2012, mediations were more likely than 
resolution meetings to result in agreements. That is, over two-thirds 
(69 percent) of mediations resulted in agreements while less than a 
quarter (22 percent) of all resolution meetings resulted in 
agreements. These differences may be due to the fact that resolution 
meetings are required prior to a due process hearing, unless waived by 
both parties, while mediations are voluntary for the parties, and the 
parties may therefore be more open to agreement. 

In addition to mediation and resolution meetings, states and 
territories we surveyed reported voluntarily offering a variety of 
other alternative dispute resolution methods, with two-thirds (33 out 
of 51) of them reporting offering three or more such methods. Among 
the most common of these were (1) dispute resolution helplines, (2) 
facilitated IEP meetings, (3) facilitated resolution meetings, (4) 
parent-to-parent assistance, and (5) conflict resolution skills 
training (see figure 5). These methods are briefly described as 
follows: 

Figure 5: Commonly Offered Alternative Dispute Resolution Methods 
Voluntarily Implemented by States and Territories: 

[Refer to PDF for image: horizontal bar graph] 

Method: Dispute resolution helplines; 
Number of states/territories: 40. 

Method: Facilitated Individualized Education Program meetings; 
Number of states/territories: 24. 

Method: Facilitated resolution meetings; 
Number of states/territories: 22. 

Method: Parent to parent assistance; 
Number of states/territories: 18. 

Method: Conflict resolution skills training; 
Number of states/territories: 17. 

Source: GAO analysis of survey of states on alternative dispute 
resolution in special education. GAO-14-390. 

Notes: Counts of states/territories are based on methods offered 
state- or territory-wide. 

[End of figure] 

We surveyed a total of 60 states and territories and received a 100 
percent overall response rate. However, not all 60 states and 
territories answered every question. The total number of responses to 
questions related to the individual dispute resolution methods above 
was 59 of 60 states/territories completing the survey. 

* Dispute resolution helplines. Dedicated staff in the SEA or through 
an SEA-contracted service provider available to respond to calls or e-
mails from the public about dispute resolution options and procedures. 
For example, California reported maintaining a toll free number to 
allow both parents and school staff to contact them for advice. The 
service is provided in English and Spanish and helpline personnel may 
refer parents to support services such as parent centers, family 
empowerment centers, or technical assistance units. New York reported 
operating six regional offices staffed by state education personnel 
who provide parents and other parties with information regarding 
dispute resolution options and technical assistance. 

* Facilitated IEP meetings. Facilitators who are not part of the IEP 
team are used when an adversarial climate exists or when an IEP 
meeting is expected to be particularly complex or controversial. Texas 
reported it promotes facilitated IEP team meetings by developing a 
statewide facilitated IEP meetings project to be implemented in the 
2014-15 school year. 

* Facilitated resolution meetings. Facilitators are used to help 
parties resolve a dispute during a resolution meeting. Michigan 
reported that resolution meetings are facilitated by special education 
attorneys and help encourage parties to resolve a dispute before it 
goes to a due process hearing. 

* Parent-to-parent assistance. An SEA-supported service in which 
parents assist other parents and school district personnel, especially 
in addressing emerging or active complaints. Maryland reported it 
maintains family support specialists who work informally with families 
and school systems to resolve special education disputes. 

* Conflict Resolution Skills Training. Training to enhance the 
capacity of parents and school, district, and state personnel to 
communicate, negotiate, and prevent conflict from evolving and 
becoming problematic. For example, in Iowa, the SEA conflict 
resolution skills training for state administrators, LEA 
representatives, and parents. 

States, Territories, and Other Stakeholders Reported Alternative 
Dispute Resolution Methods Helped Resolve Disputes without Resorting 
to Due Process Hearings: 

States, Territories, and Other Stakeholders Considered Alternative 
Methods Important for Resolving Disputes without Resorting to Due 
Process Hearings: 

On our survey, a large majority of state officials reported mediation 
and resolution meetings--methods that IDEA requires states make 
available--as extremely, very or moderately important to resolving 
disputes early.[Footnote 32] Many states also reported methods they 
have voluntarily implemented as extremely, very or moderately 
important. Some stakeholders cited the potential of these methods to 
improve communication and trust between parents and schools. 

Mediation: 

55 states and territories reported that mediation was extremely, very 
or moderately important to resolving disputes,[Footnote 33] and some 
officials commented on our survey or in follow up discussions that it 
provides parties with an opportunity to reduce tension, preserve or 
enhance relationships, and having a third party facilitate the 
discussion is beneficial. For example, an Iowa official explained that 
mediation can allow for more expedient dispute resolution and help to 
preserve or enhance relationships between parents and schools. Several 
officials expressed positive views about mediation and noted that 
there was a high likelihood that mediation resulted in agreements 
between parents and schools in their states. For example, officials 
from Rhode Island and Connecticut commented that a majority of 
mediations resulted in agreements in 2012-13 in their states, and one 
noted that most of them were reached on the day of the mediation 
between parents and school districts. Some state officials described 
on our survey and in follow up discussions difficulties they 
encountered in expanding the use of mediation in their state. An 
Oklahoma official commented that many schools are resistant to the 
idea of mediation before the filing of a due process complaint because 
of legal concerns about mediation agreements.[Footnote 34] New York 
and D.C. officials told us in follow up discussions that mediation is 
underutilized despite its availability, in part because not all 
parents know that mediation is available for dispute resolution but 
also because parents may question the independence of mediators in 
their state. Some parents in one state told us they were not satisfied 
with the competency or independence of mediators. A national advocacy 
organization for people with disabilities, told us its organization 
recommends families to pursue mediation rather than filing a due 
process complaint because a trained mediator can have a positive 
impact of bringing parents and schools together. Education's guidance 
on dispute resolution similarly recognizes that the success of 
mediation is closely related to the mediator's ability to obtain the 
trust of both parties and commitment to the process.[Footnote 35] 

Resolution Meetings: 

Forty-five states and territories reported that resolution meetings 
are an extremely, very, or moderately important method to resolve 
disputes. Some officials also commented that meetings such as these 
give parents and the school district a chance to discuss the basis of 
the dispute and work together to avoid a potentially adversarial due 
process hearing, which can also lead to improved relationships between 
parents and their school districts. A few state officials cited a high 
number of agreements as the result of resolution meetings. For 
example, a West Virginia official noted that during 2012, all of their 
requests for due process hearings were resolved at resolution 
meetings, and a Rhode Island official wrote that over half of its 
resolution meetings resulted in written agreements in the same year. 
However, several state officials commented on our survey or in follow 
up discussions that some parties prefer to waive the resolution 
meeting or that by the time the resolution meeting occurs parties are 
already entrenched which limits the ability of parties to reach an 
agreement before a due process hearing. For example, a Pennsylvania 
official told us that often parents who file due process complaints 
have legal representation and generally attorneys in her state have 
little incentive to resolve a dispute prior to a due process hearing. 
Similarly, attorney members of a national organization representing 
school boards told us in an interview that, when parents are not 
represented by an attorney, most disputes are resolved before they 
proceed to due process; however if parents are represented by 
attorneys, disputes are rarely are disputes resolved before a due 
process hearing. 

Officials from an organization representing children with disabilities 
commented that resolution meetings are not as effective as facilitated 
methods where an independent third party assists parents and schools 
in finding a solution. IDEA does not require that resolution meetings 
be facilitated; however, several state officials commented on our 
survey and in follow up discussions that third party facilitation for 
resolution meetings is helpful in bringing about a resolution without 
resorting to a hearing. For example, an Oklahoma official commented 
that state officials had found facilitated resolution meetings useful 
to resolve disputes earlier and noted that without facilitation, 
parties often found it difficult to reach an agreement. 

Other Alternative Dispute Resolution Methods: 

When we asked survey respondents to comment on the alternative dispute 
resolutions they voluntarily implemented--that is, those not required 
by IDEA--more than half of state officials reported that their states 
offer dispute resolution helplines while about half offer Facilitated 
IEP meetings, Conflict resolution skills training, and parent-to-
parent assistance (see table 3). 

Table 3: Examples of State Comments on Most Common Voluntarily Offered 
Methods: 

Method: Dispute resolution helpline; 
Examples of why states/territories found method important: 
California's dispute resolution helpline is critical to informing 
parents about dispute resolution options. 

Method: Facilitated Individualized Education Program (IEP) meetings; 
Examples of why states/territories found method important: As of 
September 1, 2014, Texas will provide a state facilitator at no cost 
to parents or school district for an IEP team in dispute. 

Method: Conflict resolution skills training; 
Examples of why states/territories found method important: Virginia is 
developing additional tools to expand its conflict resolution training. 

Method: Parent-to-parent Assistance; 
Examples of why states/territories found method important: Wyoming 
connects parents by connecting them to their state's parent centers. 

Source: GAO analysis of survey of states on alternative dispute 
resolution in special education. GAO-14-390. 

Notes: Our survey asked states and territories to rate the importance 
of alternative dispute resolution methods offered statewide or in some 
regions or Local Education Agencies. 

The total number of responses to questions related to the individual 
dispute resolution methods described in this table ranged from 57 to 
59 of the 60 states/territories completing the survey. 

[End of table] 

A majority of states and territories reported that the guidance and 
assistance provided by CADRE--which serves as Education's technical 
advisor and resource on special education dispute resolution--was 
extremely, very or moderately useful to their efforts to successfully 
implement and expand their early dispute resolution methods. For 
example, a Pennsylvania official told us in a follow up discussion 
that CADRE is the first resource they turn to for information and to 
obtain a national perspective on alternative dispute resolution 
issues, and an official from Florida commented that the technical 
assistance they received from CADRE was excellent. An Illinois 
official also reported their state frequently uses CADRE's services, 
which were instrumental to the development and implementation of 
facilitated IEP meetings in their state. 

Over half of the states surveyed reported no challenge or only a 
slight challenge in implementing or expanding dispute resolution 
methods due to, for example, lack of expertise or parent or school 
district resistance to using such methods. In follow up discussions, 
some state officials said the lack of public awareness as a challenge 
to implementing or expanding the use of alternative dispute resolution 
methods they have voluntarily implemented, and that they are 
addressing this challenge with various strategies.[Footnote 36] For 
example, a Pennsylvania state official told us about the difficulty of 
reaching out to and educating parents in rural and highly urban areas 
about alternative dispute resolution methods they have voluntarily 
implemented because they have less access to online information, and 
said the state partners with parent education networks and a statewide 
stakeholder council of parent advocates to raise awareness. 
Connecticut officials added that the state communicates with various 
parent groups throughout the year, publicizes alternate dispute 
resolution methods in its special education bulletins, and 
disseminates informational materials among parent groups and other 
state agencies. A Texas official said the state offers workshops at 
conferences and parent meetings to raise awareness of the states' 
methods for resolving disputes. 

Education Lacks Key Information on the Timeliness of Due Process 
Hearing Decisions, and the Parental Involvement Data It Collects Are 
Not Used for Oversight: 

Education's Method for Measuring the Timeliness of Due Process Hearing 
Decisions Does Not Reflect Time Added by Extensions: 

Education assesses states' performance on dispute resolution using 
several different measures (see table 2) but lacks key information 
about the timeliness of due process hearing decisions, which reduces 
its ability to monitor dispute resolution effectively. Under its 
regulations, Education requires states and school districts, where 
applicable, to ensure that decisions are reached in due process 
hearings within 45 days after the expiration of the 30-day resolution 
period or adjusted resolution periods.[Footnote 37] These regulations 
also permit a hearing officer to grant specific extensions of this 45-
day timeline, at the request of either party to the hearing.[Footnote 
38] According to Education's guidance on performance measures, all 
states are required to report the number of due process hearing 
requests that were adjudicated within 45 days, or a timeline that 
includes any approved extensions. However, this guidance does not 
direct states to report the amount of time that extensions add to due 
process hearing decisions. Leading performance measurement practices 
identified in our past work state that successful performance measures 
should, among other things, be clearly stated and provide unambiguous 
information.[Footnote 39] 

As shown in figure 6, nearly half of all due process hearing decision 
timelines were extended in school year 2011-12; in California, New 
York, and Pennsylvania, the large majority of hearing decisions were 
made under extended timelines. The decisions in these three states 
accounted for more than 65 percent of all hearing decisions 
nationally. Despite the more frequent use of extensions in California 
and New York, in 2011 they achieved about 99 percent and 86 percent, 
respectively, of the 100 percent performance target that Education 
established for hearing decision timeliness. Education's current 
performance measure creates the appearance that most hearing decisions 
in California and New York were timely even though extended hearings 
took an unknown amount of time, and no information is available about 
whether these extended timeframes affected the provision of services 
to children with disabilities. 

Figure 6: Use of Extensions to Due Process Hearing Decision Timelines 
for School Year 2011-2012: 

[Refer to PDF for image: 4 pie-charts] 

All states and territories (1,991 cases): Decision issued within 45-
day timeline: 52%; 
Deadline for decision extended: 48%. 

New York (594 cases): 
Decision issued within 45-day timeline: 23%; 
Deadline for decision extended: 77%. 

California (113 cases): 
Decision issued within 45-day timeline: 7%; 
Deadline for decision extended: 93%. 

Pennsylvania (64 cases): 
Decision issued within 45-day timeline: 19%; 
Deadline for decision extended: 81%. 

Source: GAO analysis of National Center on Dispute Resolution in 
Special Education data. GAO-14-390. 

[End of figure] 

Education officials told us that, while they were aware of the use of 
extensions in states, they did not know how much time extensions add 
to hearing decisions because they do not collect this information. 
They stated they were not concerned specifically about the effect of 
extensions on the timeliness of dispute resolution because they 
believe extensions are generally used for appropriate reasons, such as 
providing additional opportunities for resolving disputes prior to a 
hearing, accommodating parties' schedules, and affording parents 
sufficient time to resolve disputes. 

A range of special education stakeholders, including state education 
officials and officials from national organizations that represent 
parents, students, and school systems, agreed that extensions to 
hearing decisions are requested by parties for a variety of reasons, 
including when (1) weather and school vacations result in school 
closures; (2) some or all parties (parents, district personnel, 
attorneys, and expert witnesses) are not available; (3) attorneys or 
parents require additional time to prepare cases; and (4) the parties 
involved want to allow additional time to schedule a mediation. 

Though Education does not gather data on how much time extensions add 
on average to the dispute resolution process, some stakeholders we 
spoke with provided examples of extensions that typically ranged from 
a few weeks to several months. Several, including disability advocates 
and a state education official, stated that some decisions are 
extended by up to a year or more. Another noted that timelines for 
hearing decisions in one state typically get extended four or five 
times. 

Stakeholders differed in their views on the extent to which the time 
added to due process decision timelines by extensions affected the 
education of children with disabilities. Some stakeholders stated 
there is likely to be little or no negative effect on children's 
education because of IDEA's "stay put" provision, which generally 
ensures that children will stay in their current educational placement 
until a dispute resolution proceeding is completed.[Footnote 40] 
However, other stakeholders pointed out that extensions could cause 
some children not to receive appropriate educational services in a 
timely manner. For example, one stakeholder commented that for 
children currently placed in a program under the "stay put" provision, 
an extended hearing decision could mean the child would continue to 
receive educational services that may be inappropriate. Another 
stakeholder commented that extended decisions could also adversely 
affect children for whom "stay put" does not apply, such as those 
waiting to be identified for educational services. 

Because Education's current measures do not provide clear and complete 
information on the total amount of time that due process hearing 
decisions take or the reasons for any time extensions, Education and 
other stakeholders, such as Congress, lack information about when and 
whether extended decisions could adversely affect the education of 
children with disabilities. Further, Education lacks information that 
could be used to identify trends and patterns within a state or across 
states that could help Education better target its oversight or 
monitoring. Lastly, as currently reported, states' results on this 
measure may provide Congress with a misleading picture of the amount 
of time that hearing decisions take, particularly in states with high 
rates of extensions. 

Parental Involvement Performance Data Do Not Support Dispute 
Resolution Oversight: 

Education collects data from states on parental involvement in the 
education of children with disabilities, but these data are not 
comparable across states, and as a result Education cannot use these 
data to target its oversight of states' dispute resolution activities. 
One of Congress' findings in passing IDEA was that decades of research 
had demonstrated that the education of children with disabilities can 
be made more effective by strengthening the role and responsibility of 
parents,[Footnote 41] and Education has recognized the importance of 
parental involvement in fostering relationships between parents and 
educators and preventing special education disputes. Accordingly, 
Education developed a performance measure for parental involvement and 
requires states to collect and report the results of this measure 
annually. Its measure is defined as the percentage of parents with a 
child receiving special education services who report that schools 
facilitated parental involvement as a means of improving services and 
results for children with disabilities, but states collect and analyze 
this information in different ways. According to Education officials, 
although IDEA does not specifically require Education to collect 
parental involvement data, parental involvement is such a critical 
factor in ensuring children needing special education services are 
provided such services that they believe it is important for states to 
collect and report such data. In 2002, the National Center for Special 
Education Accountability Monitoring (NCSEAM)--a national technical 
assistance center funded by Education--developed and validated a scale 
for states to use to measure parental involvement because of the lack 
of survey instruments designed to obtain parents' perceptions of 
schools' facilitation of their involvement.[Footnote 42] To date, over 
half of states and territories use the NCSEAM scale to collect and 
report data for this measure.[Footnote 43] Education officials told us 
they believed states gather data that is meaningful and useful for 
their own efforts. However, these officials said that Education cannot 
determine which states provide high quality parental involvement data, 
nor does Education use these data to monitor and oversee states' 
performance in this area and is unable to compare state performance 
because states have considerable latitude to determine the 
methodologies they use to collect the data and these methodologies 
consequently vary across states. As a result, Education is unable to 
assess the performance of individual states or compare states' 
performance on this measure. 

The lack of comparable parental involvement data from states can be 
attributed to a variety of factors, according to PACER Center (Parent 
Advocacy Coalition for Educational Rights), which recently operated 
the National Parent Technical Assistance Center and conducted annual 
analyses of states' parent involvement data for Education.[Footnote 
44] PACER officials stated they found significant variability among 
states in their survey instruments, sampling and analysis methods, and 
the performance targets states set for parental involvement.[Footnote 
45] In previous analysis, PACER reported that in 2011, 34 states used 
a version of the parental involvement surveys developed by NCSEAM, 10 
states used their own state-developed instrument, 10 states adapted 
questions from the NCSEAM or other parent surveys to develop their own 
surveys, and 3 states used a combination of surveys.[Footnote 46] 
According to PACER officials, states' use of different survey 
instruments results in parents responding to questions that may 
represent varying types of parental involvement. They also noted that 
states varied in how they analyze survey results for the purposes of 
reporting on Education's measure. For example, in some states only 
half of the questions require positive responses for the survey to be 
scored positive overall for parental involvement on Education's 
measure; in others, a much higher percentage of questions require 
positive responses to be scored positive overall for parental 
involvement. Ultimately, PACER officials suggested that the 
meaningfulness of parent involvement data depends on the ability to 
use it to make valid comparisons across states and this requires that 
Education establish and require states to adopt consistent data 
collection and analysis methods. Others have also noted that the lack 
of consistency in data collection compromises the meaningfulness of 
the data. For example, a subject matter specialist noted that recent 
parental involvement data show a wide range of state performance on 
this measure--from below 20 percent to above 90 percent--raising 
important questions about validity that may undermine the public's 
confidence in the data. The specialist noted the lack of comparability 
in state data and the recognition among states that Education does not 
use the data for oversight may discourage states from improving their 
parental involvement measures and practices. 

Education officials said they explored the option of revising its 
parental involvement measure when some states raised issues about the 
burden of collecting the data but ultimately decided not to change it 
after encountering significant resistance from parent and advocate 
groups. Specifically, officials said they informally proposed that 
states report information about how they address and measure parental 
involvement in their state without requiring states to use a 
quantitative measure or targets. Education presented this proposal to 
a range of stakeholder groups, including state officials, Parent 
Training and Information Centers, advocates, and parents, among 
others. Education officials said parents and advocates were strongly 
opposed to the proposal to eliminate the current measure, suggesting 
instead that the department require that all states take a standard 
approach to collecting parent involvement data. For example, one 
parent advocacy organization stated that comparability of parental 
involvement data across states is critical and that Education should 
require a consistent approach to data collection for all states to 
ensure that the status of parental involvement for all families of 
children receiving special education services is reflected in their 
results. However, one organization representing states commented on 
the burdens of collecting data for the measure, pointing to the costs 
to states of mailing out parent surveys and noting that most surveys 
are not returned. On the other hand, conducting parent surveys does 
not necessarily entail high costs, according to one subject matter 
specialist who provided comments to Education. She noted that Florida 
took a number of steps to lower survey costs without compromising data 
quality, including moving to a web-based survey, with printed survey 
forms available to parents on request, and suggested that alternatives 
to costly survey mailings exist and should be considered. Also, PACER 
officials have stated that requiring a consistent approach to 
collecting parental involvement data may decrease some of the data 
collection burden associated with Education's measure because states 
would not need to develop their own approaches. 

Education officials told us they question the usefulness of comparable 
parental involvement data across states for oversight and pointed to 
data on the overrepresentation of racial and ethnic groups in special 
education, among other IDEA measures, that are also not comparable 
across states. However, in 2013 GAO found these data do not provide a 
consistent picture on overrepresentation.[Footnote 47] Specifically, 
we found that the flexibility to define how states measure 
overrepresentation resulted in inconsistent definitions and data 
collection methods across states and recommended that Education adopt 
a standard approach to measurement for all states. In responding to 
this recommendation, Education said that it did not have all the 
information necessary to determine whether it is appropriate to 
develop a single standard for overrepresentation. Education began 
soliciting public comments from stakeholders beginning in June 2014 to 
assist the department in considering the development of such a 
standard. 

Leading performance measurement practices state that organizations 
that have progressed toward results-oriented management use 
performance information as a basis for decision making and that full 
benefit of collecting such information is realized only when managers 
actually use it to manage.[Footnote 48] Uses of performance 
information to improve results include monitoring, resource 
allocation, and identifying and sharing effective practices, among 
others. The usefulness of performance information also depends, in 
part, on the extent to which the data are collected using consistent 
procedures and definitions. [Footnote 49] 

Without comparable parental involvement data across states, Education 
lacks important performance information which limits its ability to 
oversee states' dispute resolution activities, including monitoring 
and identifying problems with parental involvement in states and 
recommending improvement activities for states to take; recognizing 
and incentivizing high performance; assessing states' needs for 
technical assistance on parental involvement and making appropriate 
resource decisions; and identifying and helping to share promising 
parental involvement practices among states. 

Conclusions: 

Both IDEA and Education recognize the importance of parental 
involvement in the education of children with disabilities. Having 
parents who are appropriately informed and involved in decision-making 
regarding the education of students with disabilities can lead to the 
resolution of disputes in a more collaborative manner without the use 
of formal dispute resolution methods and may result in greater trust 
between parents and school districts, and earlier, less adversarial 
dispute resolution. In addition, resolving disagreements before they 
escalate and become adversarial is in the collective best interest of 
parents, students, and districts. 

It is also important for Education to hold states accountable for 
timely dispute resolution to protect the educational interests of 
children with disabilities. In particular, it is important that 
Education have an effective measure of hearing decision timeliness for 
monitoring states' dispute resolution performance. However, 
Education's measure does not provide clear, complete information about 
the duration of this process, information which is useful for ensuring 
effective program monitoring and targeted technical assistance. While 
Education tracks the number of hearing decisions made within 45 days, 
without information on the amount of time added to decisions timelines 
by extensions, Education is limited in its ability to monitor in this 
area, which could negatively affect children and their families by, 
for example, delaying the provision of appropriate special education 
services. 

Additionally, Education views parental involvement as a critical 
factor in ensuring children needing special education services are 
provided such services and for this reason collects parental 
involvement data from states. However, without making the data more 
comparable across states, Education may be prevented from rigorously 
evaluating states' performance in this area and may be limited in its 
ability to identify promising practices and effectively target 
assistance to states in their efforts to resolve disputes at an early 
state. Additionally, unless Education uses the data it collects, it 
will not reap their potential benefits in improving performance for 
the benefit of students and parents. 

Recommendations for Executive Action: 

Based on our review, we recommend the Secretary of Education direct 
the Office of Special Education Programs take the following two 
actions: 

1. 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. 

2. 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 Comments and Our Evaluation: 

We provided a draft of this report to Education for review and 
comment. Education's comments are produced in appendix I. Education 
also provided technical comments, which we incorporated into our 
report where appropriate. Education neither agreed nor disagreed with 
our recommendations but proposed alternative actions. However, 
Education's proposed actions will not effectively address the 
weaknesses we identified in Education's performance measures and we 
continue to believe our recommendations are valid. 

In its comments, Education recognized the importance of promptly and 
fairly resolving special education disputes between parents and school 
districts and agreed that additional information on extensions could 
be useful in targeting its monitoring and technical assistance 
activities in states with large numbers of hearings issued within 
extended timelines. However, Education stated that collecting data 
from all states and territories on the amount of time that extensions 
add to hearing timelines would not necessarily improve its capacity to 
ensure that states and territories are properly implementing IDEA's 
dispute resolution procedures. Instead, Education proposed that it 
conduct follow up monitoring with any state that reports 10 or more 
fully adjudicated hearings in a given year where at least 75 percent 
of the decisions are issued with extended timelines. While this 
approach might be useful for Education's targeting of monitoring and 
assistance to states--particularly if monitoring includes collecting 
information about the duration of extensions, why parties request 
extensions and the effects of extended timelines on children's 
education--we believe Education's proposal alone will not correct the 
potentially misleading picture its timeliness measure creates 
regarding of the amount of time that hearing decisions actually take. 
As noted in the report, some stakeholders pointed out that extensions 
could cause some children not to receive appropriate educational 
services in a timely manner. Thus, we continue to see advantages in 
addressing the core weakness of its measure by collecting information 
from all states on the amount of time that extensions add to hearing 
decision timelines. Further, Education noted that only 12 states and 
territories had 10 or more fully adjudicated hearings in 2011-12 and 
stated that it is not appropriate or efficient to burden all states in 
collecting these data. However, requiring states with fewer hearings 
to report this information is unlikely to create significant 
administrative burden for them, as they would be providing information 
on a small number of decisions. Without reliable performance 
information, the public lacks a clear picture of the time required to 
reach due process hearing decisions and the potential impact on 
affected children. 

Regarding our recommendation that it improve the comparability of 
parental involvement data it collects and use the data for better 
management decision making, Education stated it does not believe there 
is a need to improve the comparability of states' parental involvement 
data. More specifically, Education said that these data are designed 
to measure state performance against targets that each state sets, 
based on state-specific needs and circumstances. To improve the 
quality of parental involvement data, Education said it will work with 
states through its technical assistance centers to help build their 
capacity to collect high quality data. We commend Education's proposal 
to assist states in this way; however, its approach will continue to 
require states to report parental involvement data that Education 
cannot use to assist with oversight and manage for results related to 
dispute resolution. For example, absent comparable performance 
information across states, Education could not monitor states with 
weak performance on parental involvement or identify and assist states 
in sharing promising parental involvement practices that may help 
prevent disputes from developing. One approach Education could 
consider to improve the comparability of parental involvement data 
would be to establish and require that states follow standard data 
collection and analysis procedures in reporting the existing measure. 
Education stated that standardizing the collection of parental 
involvement data among states would result in increased administrative 
burden on some states. However, in our report we note that Education's 
former national technical assistance center on parental involvement 
suggested that consistent data collection may, in fact, decrease 
administrative burden because states would not need to develop their 
own approaches. Until Education collects data that it can use to 
effectively manage this effort, it will likely be limited in its 
ability to enhance collaboration between parents and educators, which 
facilitates resolving disputes earlier through less formal and costly 
means. 

As agreed with your offices, unless you publicly announce the contents 
of this report earlier, we plan no further distribution until 30 days 
from the report date. At that time, we will send copies of this report 
to the appropriate congressional committees, the Secretary of 
Education, and other interested parties. In addition, this report will 
be available at no charge on GAO's website at [hyperlink, 
http://www.gao.gov]. 

If you or your staff have any questions about this report, please 
contact me at (617) 788-0580 or nowickij@gao.gov. Contact points for 
our Offices of Congressional Relations and Public Affairs can be found 
on the last page of this report. GAO staff who made major 
contributions to this report are listed in appendix II. 

Sincerely yours, 

Signed by: 

Jacqueline M. Nowicki, Acting Director: 
Education, Workforce, and Income Security: 

[End of section] 

Appendix I: Comments from the U.S. Department of Education: 

United States Department Of Education: 
Office of Special Education and Rehabilitative Services: 
400 Maryland Ave., S.W. 
Washington, DC 20202-2600: 

August 4, 2014: 

Ms. Jacqueline Nowicki: 
Acting Director: 
Education, Workforce, and Income Security Issues: 
U.S. Government Accountability Office: 
441 G St., NW: 
Washington, DC 20548: 

Re: Special Education: Improved Performance Measures Could Enhance 
Oversight of Dispute Resolution (GAO-14-390): 

Dear Ms. Nowicki: 

The Department appreciates the work you and your colleagues have done 
on this study and the opportunity to review and provide comments on 
the draft report. We note that the number of special education due 
process hearings has decreased substantially since the Government
Accountability Office last studied special education dispute 
resolution in 2003 (GAO-03-897) and agree that the additional 
requirements in the 2004 reauthorization of the Individuals with
Disabilities Education Act (IDEA) to offer mediation and the 
opportunity for a resolution meeting prior to conducting a due process 
hearing have contributed to the decrease. I write to provide the 
Department's responses to the draft report's recommendations that the 
Secretary of Education direct the Office of Special Education Programs 
(OSEP) to take the following two actions: 

Recommendation 1: 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. 

Response: The IDEA regulations at 34 C.F.R. §300.515(c), provide that 
a hearing officer may grant specific extensions of the 45-day time 
period for reaching a final decision in a due process hearing at the 
request of either party to the hearing. The regulations do not address 
the reasons why extensions can be requested, or otherwise restrict the 
number of extensions that a hearing officer may grant at a party's 
request. Extensions in due process proceedings are requested for a 
variety of reasons, which include scheduling conflicts involving key 
staff, the need for time to prepare for the hearing, the availability 
of experts or attorneys knowledgeable about special education law and 
regulations in a geographic area, and the workplace and child care 
obligations of parents. There are circumstances in which a party's 
need for an extension is unavoidable, and without the additional time, 
a party may not have an opportunity to obtain a full and fair hearing. 

The Department agrees that having some additional information on the 
total amount of time required to resolve a due process complaint 
resulting in a due process hearing could be useful in targeting our 
monitoring and technical assistance activities in States with large 
numbers of hearing decisions issued within extended timelines. 
However, any additional changes to IDEA data collections must be 
balanced against the burden required of States to report the data. We
agree that children's interests are served through prompt and fair 
resolution of disputes, but OSEP believes that collecting data from 
all States and territories on the amount of time that extensions add 
to hearing timelines would not necessarily improve OSEP's capacity to 
ensure that States are properly implementing IDEA's dispute resolution 
procedures. As GAO acknowledges on page 21 of the draft report, there 
are relatively few States with significant numbers of due process 
hearings. In 2011-2012, only 12 of 60 States and entities had 10 or more
fully adjudicated hearings. We, therefore, do not believe it is 
appropriate or that it would be efficient to place this data burden on 
all States. 

To address GAO's concerns, we propose that OSEP conduct follow-up 
monitoring with any State that reports 10 or more fully adjudicated 
hearings in a given year, where 75 percent or more of the decisions in 
those hearings were issued within an ex tended timeline. As part of 
that follow-up, OSEP will conduct interviews with State educational 
agency (SEA) staff to confirm that the SEA is appropriately 
administering and monitoring its due process system and ensures
that extensions to the 45-day timeline are being granted only in the 
manner permitted by the IDEA regulations (i.e., at the request of 
either party and for a specified period of time). We will also provide 
technical assistance and guidance to those Slates to support their 
efforts in properly implementing the requirements in 34 C. F.R. §300.5 
15(c). If OSEP identifies noncompliance, we will require the State to 
take appropriate action to correct the noncompliance in a timely 
manner. 

Recommendation 2: 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. 

Response: OSEP's IDEA Part B State Performance Plan and Annual 
Performance Report (SPP/APR) indicators include: "Percent of parents 
with a child receiving special education services who report that 
schools facilitated parent involvement as a means of improving services
and results for children with disabilities." In responding, a State 
must include a description of how the State has ensured that the 
response data are valid and reliable, including how the data represent 
the demographics of the State. The actual numbers used in the 
calculation must be provided to OSEP. 

OSEP does not believe there is a need to improve the comparability or 
parental involvement data across States to assist in its oversight of 
dispute resolution because comparing State performance data in this 
area will not assist in OSEP's oversight of dispute resolution. The 
SPP/APR is designed to measure a State's performance against targets 
that the State sets, with input from stakeholders, based on State-
specific needs and circumstances. In addition, if States do not meet
their established targets, States must identify specific steps to 
improve performance in the relevant area. Also, once again, we must 
consider data burden when determining whether to revise or add to a 
data collection. Some States have reported they include the collection 
of SPP/APR parent involvement data in the collection of parent 
involvement data not specific to IDEA (e.g., in surveys of parents of 
all children) or in obtaining other types of information from parents. 
Standardizing the collection of IDEA parent involvement data would 
result in increased burden on these States and would require a 
separate data collection to satisfy the SPPI APR indicator requirement. 

The SPP/APR information collection was recently revised, with public 
input, and was approved by the Office of Management and Budget on May 
12, 2014. The current indicator in the SPP/APR is designed to collect 
appropriate data frol11 each State (based on State-specific needs
and circumstances) for the State to use in evaluating its level of 
parent involvement. Therefore, we arc reluctant at this time, to 
impose an additional data burden that we believe to be of limited
value and benefit. 

To address GAO's concerns and to further support the collection of 
valid and reliable data on parent involvement, OSEP will direct the 
OSEP-funded Parent Centers, the IDEA Data Center and the Center for 
IDEA Early Childhood Data, to work with States to build capacity to 
collect high quality data that are representative and meaningful and 
that can be used to improve outcomes for children with disabilities. 
In addition, OSEP will continue to provide technical assistance to 
States through webinars and written guidance to ensure States have up-
to-date information on sound methods for collecting, analyzing, and 
reporting data on parent involvement. 

Thank you for the opportunity to comment on this draft report. We also 
include technical comments with this response. 

Sincerely, 

Signed by: 

Michael K. Yudin: 
Acting Assistant Secretary for Special Education and Rehabilitative 
Services: 

[End of section] 

Appendix II: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Jacqueline M. Nowicki, (617) 788-0580 or nowickij@gao.gov. 

Staff Acknowledgments: 

In addition to the contact named above, Betty Ward-Zukerman, Assistant 
Director; Edward F. Bodine, Analyst-in-Charge; Grace E. Cho, and John 
S. Townes made significant contributions to this report. Also 
contributing to this report were James E. Bennett, Deborah K. Bland, 
David M. Chrisinger, Lara L. Laufer, Benjamin T. Licht, Ying Long, 
Cady S. Panetta, James M. Rebbe, Carl M. Ramirez and Walter K. Vance. 

[End of section] 

Footnotes: 

[1] 20 U.S.C. § 1400(d)(1). Free appropriate public education means 
special education and related services that--(a) are provided at 
public expense, under public supervision and direction, and without 
charge; (b) meet the standards of the state educational agency; (c) 
include an appropriate preschool, elementary school, or secondary 
school education in the state involved; and (d) are provided in 
conformity with the individualized education program (IEP) 
requirements of IDEA. 20 U.S.C. § 1401(9). Moreover, IDEA requires 
that states have in effect policies and procedures to ensure that 
children with disabilities are identified, located and evaluated. 20 
U.S.C. § 1412(a)(3)(A). 

[2] 20 U.S.C. § 1414(d). 

[3] 20 U.S.C. § 1415(b)(6)(A). 

[4] Due process hearings provide parents and school districts with an 
impartial opportunity to resolve complaints related to the 
identification, evaluation, or educational placement of a child, or 
the provision of a free appropriate public education to the child. In 
contrast, state complaints allow organizations or individuals, 
including those from another state, to file a complaint alleging that 
a public agency has violated a requirement of Part B of IDEA or its 
implementing regulations. 

[5] GAO, Special Education: Numbers of Formal Disputes Are Generally 
Low and States Are Using Mediation and Other Strategies to Resolve 
Conflicts, [hyperlink, http://www.gao.gov/products/GAO-03-897] 
(Washington, D.C.: Sept. 9, 2003). 

[6] Pub. L. No. 105-17, § 101, sec. 615(e)(1), 111 Stat. 37, 90. 

[7] Pub. L. No. 108-446, § 101, sec. 615(e)(1), 118 Stat. 2647, 2719. 

[8] See U.S. Department of Education, OSEP MEMO 13-08: Dispute 
Resolution Procedures under Part B of the Individuals with 
Disabilities Education Act (Part B) (Washington, D.C.: July 23, 2013). 

[9] In this report, we define alternative dispute resolution methods 
as a range of strategies to resolve disputes between parents and 
school districts excluding due process hearings and state complaint 
resolutions. 

[10] In addition to the 50 states and the District of Columbia, our 
survey included the Bureau of Indian Education, American Samoa, Guam, 
the Commonwealth of the Northern Mariana Islands, the Republic of the 
Marshall Islands, the Federated States of Micronesia, Palau, Puerto 
Rico, and the Virgin Islands. We did not survey Midway. 

[11] A Parent Training and Information Center is an Education-funded 
resource for parents with children with disabilities, providing 
information and training on special education topics, the rights of 
families under IDEA, and options available to resolve disputes with 
school districts. Every state has at least one such center. 

[12] [hyperlink, http://www.gao.gov/products/GAO-03-897]. 

[13] GAO, Tax Administration: IRS Needs to Further Refine Its Tax 
Filing Season Performance Measures, [hyperlink, 
http://www.gao.gov/products/GAO-03-143] (Washington, D.C.: Nov. 22, 
2002). GAO identified nine attributes of performance goals and 
measures based on previously established GAO criteria. In addition, 
GAO considered other sources, including Office of Management and 
Budget Circular No. A-11,12, the Government Performance and Results 
Act of 1993, and IRS's handbook on Managing Statistics in a Balanced 
Measures System, and vetted them with agency officials. 

[14] U.S. Department of Education, IDEA National Assessment 
Implementation Study: Final Report (Washington, D.C.: July 2011). 

[15] 20 U.S.C. § 1415(b)(6)(A). 

[16] 20 U.S.C. § 1415(f)(1)(B)(i), 34 C.F.R. § 300.510(a)(3). 
Resolution meetings must be held within 15 days of a school district's 
receipt of the parents' due process complaint. 

[17] U.S. Department of Education, OSEP MEMO 13-08: Dispute Resolution 
Procedures under Part B of the Individuals with Disabilities Education 
Act (Part B). 

[18] 34 C.F.R. §§ 300.511-300.513. 

[19] 20 U.S.C. § 1415(i)(2)(A). If the school district is responsible 
for conducting due process hearings, an appeal from a due process 
hearing is to the state educational agency before appealing to court. 
20 U.S.C. § 1415(g). 

[20] 34 C.F.R. § 300.153. 

[21] Education's regulations, 34 C.F.R. § 300.515(a), provide that not 
later than 45 days after the expiration of the 30-day resolution 
period or the adjusted resolution periods, a final decision is reached 
in the hearing and a copy of that decision is mailed to the parties. 
Education's regulations, 34 C.F.R. § 300.515(c), also provide that a 
hearing officer may grant specific extensions of time beyond the 45-
day period at the request of either party to the hearing. The IDEA 
regulations do not give a hearing officer the authority to grant an 
extension unilaterally or an extension for an unspecified period of 
time. Education's regulations and guidance do not limit the length of 
an extension or how many times a party to a dispute can request one. 
There is no requirement that the other party consent or agree to the 
extension. When a state reports that a due process hearing decision 
was issued within an extended timeline, OSEP requires the state to 
report whether the decision has been issued within the specific time 
extension granted by the hearing officer. 

[22] 20 U.S.C. § 1415(f)(1)(B), 34 C.F.R. § 300.510(a)(2). 

[23] For more information, see [hyperlink, 
http://www.gao.gov/products/GAO-03-143]. 

[24] [hyperlink, http://www.gao.gov/products/GAO-03-143]. 

[25] With the reauthorization of IDEA in 2004, Education revised its 
performance measures and reporting requirements for SEAs to align its 
accountability system for IDEA with the requirements of the Government 
Performance and Results Act of 1993 (GPRA). GPRA, as subsequently 
modified by the GPRA Modernization Act of 2010, provides for the 
establishment of strategic planning and performance measurement in the 
federal government and requires that federal agencies develop annual 
performance plans and program performance reports to provide 
information that can be used by federal managers to improve results. 
For more information, see GAO, Managing For Results: Executive Branch 
Should More Fully Implement the GPRA Modernization Act to Address 
Pressing Governance Challenges, [hyperlink, 
http://www.gao.gov/products/GAO-13-518] (Washington, D.C.: June 2013). 

[26] U.S. Department of Education, IDEA data center, [hyperlink, 
http://www.ideadata.org]. 

[27] The data indicate the number of due process hearings that were 
fully adjudicated. 

[28] In this section, we focus on rates, rather than the number of due 
process hearings held, to allow for greater comparability among states 
and entities. The number of hearings held nationally has also trended 
downward over this period. 

[29] We did not find a noteworthy national trend with the rates of 
state complaint reports--another formal IDEA method for resolving 
disputes--from 2004 to 2012. 

[30] [hyperlink, http://www.gao.gov/products/GAO-03-897]. 

[31] In July 2011, the District of Columbia was released from the part 
of the consent decree that involved timely adjudication of due process 
complaints. 

[32] In addition to administering a survey, we conducted follow up 
interviews with survey respondents, as appropriate, to clarify or 
obtain additional detail on survey responses. Unless otherwise noted, 
in this section we are referring to information and responses obtained 
on the survey itself. 

[33] The total number of responses to questions related to the 
individual dispute resolution methods described in this section ranged 
from 57 to 59 of the 60 states/territories completing the survey. 

[34] Under IDEA, if a resolution is reached through mediation, the 
parties must execute a legally binding agreement that is enforceable 
in state and federal courts. 20 U.S.C. § 1415(e)(2)(F). 

[35] U.S. Department of Education, OSEP MEMO 13-08: Dispute Resolution 
Procedures under Part B of the Individuals with Disabilities Education 
Act (Part B). 

[36] While IDEA requires school districts to annually notify parents 
in writing of the procedural safeguards available to them, including 
the dispute resolution methods specified by IDEA, it does not require 
districts to notify parents about other dispute resolution methods not 
specified by IDEA. Therefore states are responsible for developing 
strategies for notifying the public about other methods that may be 
available to them. 

[37] 34 C.F.R. § 300.515(a). 

[38] 34 C.F.R. § 300.515(c). 

[39] [hyperlink, http://www.gao.gov/products/GAO-03-143]. 

[40] Generally, under 20 U.S.C. § 1415(j), and 34 C .F .R § 300.518(a)-
(b), during the pendency of any administrative or judicial proceeding 
regarding a due process complaint, unless the parties (state or local 
agency and parents of the child) agree otherwise, the child involved 
in the complaint must remain in his or her current educational 
placement until the completion of all proceedings. This provision is 
commonly referred to as "pendency" or "stay-put." If the complaint 
involves an application for initial admission to public school, the 
child, with the consent of the parents, must be placed in the public 
school until the completion of all proceedings. 

[41] 20 U.S.C. § 1400(c)(5)(B). 

[42] A validation study was conducted in 2004 and included a pilot 
survey of a nationally representative sample of students with 
disabilities in eight states. 

[43] The National and Regional Parent Technical Assistance Centers, 
Indicator 8 (Parent Involvement) Summary Analysis (Washington D.C.: 
2013). 

[44] Founded in 1977, PACER Center was created by parents of children 
and youth with disabilities to help other parents and families in 
Minnesota and across the nation. PACER is staffed primarily by parents 
of children with disabilities and provides publications, workshops, 
and other resources to help make parents make decisions about 
education and other services for their children with disabilities. 

[45] PACER officials did not indicate that states' response rates were 
a key challenge to obtaining comparability data on Education's 
measure. A recent PACER report indicated that states' response rates 
on surveys they conduct to report on Education's measure average 24.8 
percent in 2011.This report also noted that there is no expectation 
that states to have a particular response rate and that, as long as 
the survey sample is representative of the population, a low response 
rate can still yield statistically valid results. 

[46] PACER's summary reports use the term "states" refers to the 50 
states, nine territories, and the District of Columbia (a total of 60 
entities). 

[47] See GAO, Individuals With Disabilities Education Act: Standards 
Needed to Improve Identification of Racial and Ethnic 
Overrepresentation in Special Education, [hyperlink, 
http://www.gao.gov/products/GAO-13-137] (Washington, D.C.: Feb. 27, 
2013). 

[48] See GAO, Managing For Results: Enhancing Agency Use of 
Performance Information for Management Decision Making, [hyperlink, 
http://www.gao.gov/products/GAO-05-927] (Washington, D.C.: Sept. 9, 
2005). 

[49] See GAO, Performance Plans: Selected Approaches for Verification 
of Agency Performance Information, [hyperlink, 
http://www.gao.gov/products/GAO/GGD-99-139] (Washington, D.C.: July 
30, 1999). 

[End of section] 

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