88 FR 139 pgs. 47132-47133 - Agency Information Collection Activities; Comment Request; Report of Dispute Resolution Under Part C of the Individuals With Disabilities Education Act

Type: NOTICEVolume: 88Number: 139Pages: 47132 - 47133
Docket number: [Docket No.: ED-2023-SCC-0137]
FR document: [FR Doc. 2023-15457 Filed 7-20-23; 8:45 am]
Agency: Education Department
Official PDF Version:  PDF Version
Pages: 47132, 47133

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DEPARTMENT OF EDUCATION

[Docket No.: ED-2023-SCC-0137]

Agency Information Collection Activities; Comment Request; Report of Dispute Resolution Under Part C of the Individuals With Disabilities Education Act

AGENCY:

Office of Special Education and Rehabilitative Services (OSERS), Department of Education (ED).

ACTION:

Notice.

SUMMARY:

In accordance with the Paperwork Reduction Act (PRA) of 1995, the Department is proposing an extension without change of a currently approved information collection request (ICR).

DATES:

Interested persons are invited to submit comments on or before September 19, 2023.

ADDRESSES:

To access and review all the documents related to the information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED-2023-SCC-0137. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. If the regulations.gov site is not available to the public for any reason, the Department will temporarily accept comments at ICDocketMgr@ed.gov. Please include the docket ID number and the title of the information collection request when requesting documents or submitting comments. Please note that comments submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Manager of the Strategic Collections and Clearance Governance and Strategy Division, U.S. Department of Education, 400 Maryland Ave, SW, LBJ, Room 6W203, Washington, DC 20202-8240.

FOR FURTHER INFORMATION CONTACT:

For specific questions related to collection activities, please contact Amy Bae, (202) 987-1557.

SUPPLEMENTARY INFORMATION:

The Department, in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Department is soliciting comments on the proposed information collection request (ICR) that is described below. The Department is especially interested in public comment addressing the following issues: (1) is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

Title of Collection: Report of Dispute Resolution Under Part C of the Individuals with Disabilities Education Act

OMB Control Number: 1820-0678

Type of Review: Extension without change of a currently approved ICR

Respondents/Affected Public: State, local, and Tribal governments Total Estimated Number of Annual Responses: 56

Total Estimated Number of Annual Burden Hours: 2,240

Abstract: The Individuals with Disabilities Education Act (IDEA; Pub. L. 108-446) directs the Secretary of Education to obtain data on the dispute resolution process described in section 615 of the law. Specific legislative authority in section 618 of IDEA requires that:

"(a) In General-Each State that receives assistance under this part, and the Secretary of the Interior, shall provide data each year to the Secretary of Education and the public on the following:

(1)(F) The number of due process complaints filed under section 615 and the number of hearings conducted.

(H) The number of mediations held, and the number of settlement agreements reached through such mediations".

In addition to the specific data requirements described in Section 618, Section 616(a)(3)(B) of IDEA identifies the dispute resolution process as a monitoring priority. The law states specifically that:


[top] "(3) Monitoring Priorities-The Secretary shall monitor the States, and shall require each State to monitor the local educational agencies located in the page 47133 State (except the State exercise of general supervisory responsibility), using quantifiable indicators in each of the following priority areas, and using such qualitative indicators as are needed to adequately measure performance in the following priority areas:

(B) State exercise of general supervisory authority, including child find, effective monitoring, the use of resolution sessions, mediation, voluntary binding arbitration, and a system of transition services as defined in sections 602(34) and 637(a)(9)".

The data collection form provides instructions and information for States when submitting their dispute resolution data. The form collects data on the number of written, signed complaints; mediation requests; and hearing requests and the status of these actions initiated during the reporting year with regards to children served under Part C of IDEA. The purposes of these data are to: (1) assess the progress, impact, and effectiveness of State and local efforts to implement the legislation and (2) provide Congress, the public, and Federal, State, and local educational agencies with relevant information. These data are used for monitoring activities, planning purposes, congressional reporting requirements, and dissemination to individuals and groups.

Dated: July 17, 2023.

Kun Mullan,

PRA Coordinator, Strategic Collections and Clearance, Governance and Strategy Division, Office of Chief Data Officer, Office of Planning, Evaluation and Policy Development.

[FR Doc. 2023-15457 Filed 7-20-23; 8:45 am]

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