Overview of the Annual Performance Report Development:

See Overview of the Development of the Annual Performance Report on page 1.

 

Monitoring Priority: Effective General Supervision Part B / General Supervision

Indicator #17:  Percent of fully adjudicated due process hearing requests that were fully adjudicated within the 45-day timeline or a timeline that is properly extended by the hearing officer at the request of either party.

(20 U.S.C. 1416(a)(3)(B))

Measurement:

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

 

 

FFY

Measurable and Rigorous Target

2005
(2005-06 School Year)

100 percent of impartial hearing decisions will be rendered within regulatory timelines.

 

Actual Target Data for FFY 2005:

The percent of due process hearing requests that were fully adjudicated within the 45-day timeline or a timeline that was properly extended by the hearing officer at the request of either party was 83.39 percent.

 

(3)  Hearing requests total

 

5415

       (3.1)  Resolution meetings

 

959

           (a)  Settlement agreements

 

170

      (3.2)  Hearings (fully adjudicated)

 

1054

           (a)  Decisions within timeline

 

233

           (b)  Decisions within extended timeline

 

646

      (3.3)  Resolved without a hearing

 

4177

Percent = 233 [3.2(a)] + 646 [3.2(b)] divided by 1054 [3.2] = 83.39 times 100 = 83.39%.

 

Discussion of Improvement Activities Completed and Explanation of Progress or Slippage that Occurred for FFY 2005:

The percentage of timely hearings decreased 0.1 percentage point from 83.5 percent in 2004 to 83.4 percent in 2005. The minor slippage is attributed to NYS increased monitoring of the time lines for hearings. In April of 2006 NYS implemented the revision to the Impartial Hearing Reporting System (IHRS) to collect resolution session information and to begin monitoring the July 2004 NYS regulatory change which limited the length of extensions to a maximum of 30 days. This change in monitoring protocols is expected to have a significant effect on the timeliness of hearings. During this year the impartial hearing officer’s (IHO) practice of granting extensions from hearing date to hearing date is regularly questioned and is increasing the awareness of the compliance date for the hearing. 

The following activities were completed:

Revisions, with Justification, to Proposed Targets

No changes.

Revisions, with Justification to Improvement Activities/ Timelines /Resources for FFY 2005

No changes.