State Performance Plan 2005-2012 - Part B - Arkansas Department Of Education (Page 248 of 277) in pdf

State Performance Plan 2005-2012 - Part B - Arkansas Department Of Education Page 248

Arkansas Department of Education Special Education Unit

Part B State Performance Plan

Monitoring Priority: Effective General Supervision Part B

Indicator 17: Due Process Timelines

Percent of adjudicated due process hearing requests that were adjudicated within the 45-day timeline or a

timeline that is properly extended by the hearing officer at the request of either party or in the case of an

expedited hearing, within the required timelines.(20 U.S.C. 1416(a)(3)(B))

Measurement

Percent = [(3.2(a) + 3.2(b)) divided by 3.2] times 100.

Overview of Issue/Description of System or Process

Components of the State’s General Supervision System

The Arkansas Department of Education Special Education Unit (ADE-SEU) includes a Dispute Resolution

Section (DRS). The Dispute Resolution Section (DRS) of the ADE-SEU is a component of the State’s

general supervision system. The DRS is responsible for managing the due process hearing system and the

complaint investigation system, both of which are required by the federal Individuals with Disabilities

Education Act (IDEA), as amended. Implementation of both systems is accomplished under Arkansas state

rule, Special Education and Related Services: Procedural Requirements and Program Standards (Arkansas

Department of Education, 2008).

Coordination of due process hearings, complaint investigations, and pre-filing mediation services is the duty

of the DRS with the legal mandate of ensuring effective general supervision. This goal is accomplished by

resolving disputes in accordance with the federal and state regulations governing due process hearings and

complaint investigations. The Administrator of the DRS works closely with the Administrator and staff of

the Monitoring/Program Effectiveness (M/PE) Section to ensure prompt resolution of complaints filed with

the DRS.

In the event violations are found and corrective actions ordered by a hearing officer or the ADE

Commissioner, the DRS monitors and enforces compliance of the public agency with corrective actions.

The DRS works with the public agency to achieve compliance, but the DRS has the duty to recommend to

the ADE-SEU Associate Director the withholding of funds from a public agency that is unable or unwilling

to achieve compliance within a reasonable period, subject to notice and opportunity for a hearing on the

issue of withholding of funds.

In addition to monitoring and enforcing compliance with corrective actions contained in hearing decisions

or investigation reports, the DRS also sends Area Supervisors to make on-site inspections of school districts

and early childhood programs to verify compliance.

Compliance issues discovered during mediation and/or complaint investigations that are not part of the

original complaint or mediation request are referred to the appropriate ADE-SEU Area Supervisor for

resolution.

The DRS has developed internal policies to ensure that due process hearing requests are assigned

immediately to hearing officers on a rotational basis. Internal policies, procedures, and practices were

developed and implemented to ensure that complaint investigation reports were administratively completed

within the required timeline.

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State Performance Plan 2005-2012 - Part B - Arkansas Department Of Education Page 248