Special Education

State Performance Plan (SPP) for 2005-2012 - Revised February 2011 - Indicator 18

Overview of the State Performance Plan Development

See Overview of the State Performance Plan Development preceding Indicator 1.
In addition, New York State (NYS) consulted with its Commissioner’s Advisory Panel for Special Education Services (CAP) to establish extended targets and improvement activities for Federal Fiscal Year (FFY) 2011 and FFY 2012.  The State’s technical assistance and support networks were also involved in these discussions.

Monitoring Priority: Effective General Supervision Part B / General Supervision

Indicator 18:  Percent of hearing requests that went to resolution sessions that were resolved through resolution session settlement agreements.
(20 U.S.C. 1416(a)(3)(B))

Measurement:

Percent = 3.1(a) divided by (3.1) times 100. (This formula references data contained in the rows of the table below labeled, “Attachment 1: Section C.”)

Data Source:

NYS will use data collected and reported to the United States Education Department (USED) annually in the 618 report on Table 7 of Information Collection 1820-0677 (Report of Dispute Resolution Under Part B of the Individuals with Disabilities Education Act (IDEA)).

Overview of Issue/Description of System or Process:

Education law section 4404 and section 200.5(j) of the Commissioner’s Regulations establish the requirements for a resolution session prior to the opportunity for an impartial due process hearing.  Consistent with the requirements in federal law, the purpose of the resolution session is to discuss the due process complaint notice and the facts that form the basis of the complaint request.  The resolution session provides the school district with the opportunity to resolve the complaint prior to the initiation of an impartial hearing.  The parents and the school district may agree in writing to waive the resolution session or agree to use the mediation process to resolve the dispute.  If the parent and school district reach an agreement to resolve the complaint at a resolution session, the parties must execute a legally binding agreement.

Plan to Collect Baseline Data

The Impartial Hearing Reporting System (IHRS) will be revised to begin collecting the resolution session information in February of 2006. IHRS is a real time reporting system to monitor the timeliness of impartial hearings.  School districts will be required to enter data on the number of resolution sessions held, the length of the sessions and the results of the sessions.

By January 2006, VESID will notify school districts on the school district’s responsibility to input data into the IHRS, beginning in the 2005-06 school year, on the percent of resolution sessions that result in resolution agreements.

VESID will collect data beginning in February 2006 on the percent of resolution sessions that result in resolution agreements.  On an ongoing basis, VESID will provide technical assistance to school districts on how to report data on resolution sessions.  VESID will analyze the data after five months of resolution session data (June 2006) to ensure that data elements collected are appropriate to assist in trend analysis.   Revisions, as appropriate, will be made to IHRS and the data collection process if needed.

Baseline Data for FFY 2005 (2005-06)

IHRS was revised to collect the resolution session information beginning on April 1, 2006.  IHRS is a real time reporting system to monitor the timeliness of impartial hearings.  School districts are required to enter data on the number of resolution sessions held, the length of the sessions and the results of the sessions. VESID will analyze the data to ensure that data elements collected are appropriate to assist in trend analysis.  Revisions, as appropriate, will be made to IHRS and the data collection process if needed.

Baseline Data for FFY 2005 (2005- 06) 

17.2 percent of hearing requests that went to resolution sessions were resolved through resolution session settlement agreements.

7/1/2005 - 6/30/2006
Attachment 1
SECTION C: Hearing Requests
(3) Hearing requests total 987
(3.1) Resolution sessions 959
(a)Settlement agreements 170
Percent = 170 [3.1(a)] divided by 959 (3.1) times 100 = 17.73%.

Discussion of Baseline Data

Although the data was collected for a quarter of the school year it does not represent a quarter of the annual activity, the fourth quarter is generally the quarter with the least number of requests. The data will be used to set initial targets that will be reviewed upon collection of a full year of data.

Measurable and Rigorous Targets

FFY Measurable and Rigorous Target
2005
(2005-06)
The percent of hearing requests that go to resolution sessions and are resolved through resolution session settlement agreements will increase by 1%.
2006
(2006-07)
The percent of hearing requests that go to resolution sessions and are resolved through resolution session settlement agreements will increase by 1%.
2007
(2007-08)
The percent of hearing requests that go to resolution sessions and are resolved through resolution session settlement agreements will increase by 1%.
2008
(2008-09)
The percent of hearing requests that go to resolution sessions and are resolved through resolution session settlement agreements will increase by 2%.
2009
(2009-10)
The percent of hearing requests that go to resolution sessions and are resolved through resolution session settlement agreements will increase by 2%.
2010
(2010-11)
The percent of hearing requests that go to resolution sessions and are resolved through resolution session settlement agreements will increase by 2%.
2011*
(2011-12)
The percent of hearing requests that go to resolution sessions and are resolved through resolution session settlement agreements will increase by 2 %.
2012*
(2012-13)
The percent of hearing requests that go to resolution sessions and are resolved through resolution session settlement agreements will increase by 2 %.
*In FFY 2009, USED requested states to add two additional years to the SPP, including adding two additional years of targets.

Improvement Activities/Timelines/Resources

Activity Timeline Resources
Revise State regulations relating to resolution sessions to federal requirements 2007
Completed 10/07.
See APR 2/09
Special Education Policy Staff
Develop and issue guidance to the field regarding resolution sessions 2007
completed
Special Education Policy Staff
After one full year of data, analyze results on a regional basis to determine need for regional technical assistance and other improvement activities. 2008-12 Special Education Policy/Program Development Staff
Develop parent/district brochures on benefits to use of resolution sessions 2011 Special Education Policy/Program Development Staff
Update the SED publication Parent’s Guide to Special Education to include information on resolution sessions (Added by APR 2/08) 2011 Policy staff
Add to the contract requirements for State funded Parent Centers the goal of promoting the use of mediation and resolution sessions. (Added by APR 2/08) 2008-12 State funded Parent Centers
Add to contract with NYS Dispute Resolution Association (NYSDRA):
  • Collaborate with Parent Centers to conduct 15 regional sessions on strategies that result in early and nonadversarial dispute resolution between parents and school districts, including resolution sessions.
  • Pilot IEP facilitation as a means to reach agreement between parents and school districts. (Added by APR 2/10)
2010-12 NYSDRA

State funded Parent Centers

Last Updated: February 28, 2011 #EndDate -->ate --> ate -->