Special Education

Annual Performance Report for 2008-09 - February 2010 - Indicator 16

Overview of the Annual Performance Report Development:

See Overview of the Development of the Annual Performance Report (APR) in the Introduction section, page 1.

Monitoring Priority: FAPE in the LRE

Indicator 16:

Percent of signed written complaints with reports issued that were resolved within 60-day timeline or a timeline extended for exceptional circumstances with respect to a particular complaint, or because the parent (or individual or organization) and the public agency agree to extend the time to engage in mediation or other alternative means of dispute resolution, if available in the State.
(20 U.S.C. 1416(a)(3)(B))

Note: The Indicator definition was expanded in March 2009 per the United States Education Department (USED) guidance to specify that the time limit could be extended by mutual agreement to engage in mediation or alternate means of dispute resolution.


Percent = [(1.1(b) + 1.1(c)) divided by 1.1] times 100. (Formula references data in rows contained in the table below)

Data Source:

New York State (NYS) will use data collected and reported annually to USED 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)).

Federal Fiscal Year (FFY) Measurable and Rigorous Target
FFY 2008
(2008-09 school year)
100 percent of signed written complaints will be resolved within the 60-day timeline or a timeline extended for exceptional circumstances with respect to a particular complaint.

Actual Target Data for FFY 2008:

7/1/2007 - 6/30/2008
Table 7:  Section A, Written Signed Complaints
(1)  Total Number of written, signed complaints filed 299
      (1.1) Complaints with reports issued 282
(a) Reports with findings of noncompliance 157
               (b) Reports within timeline 270
 (c) Reports within extended timelines 2
      (1.2) Complaints pending 0
(a) Complaint pending a due process hearing 0
      (1.3) Complaints withdrawn or dismissed 17
Percent = 270 [1.1(b)] + 2[1.1(c)] = 272 divided by 299 [1.1] times 100 = 96.453%.

Discussion of Improvement Activities Completed and Explanation of Progress or Slippage that occurred for FFY 2008:

Explanation of Progress

The percentage of signed written complaints resolved within the 60-day timeline or an extended timeline improved from 82.82 percent in 2006-07 to 96.755 percent in 2007-08 and continued at 96.453 percent in 2008-09.

Improvement Activities Completed

  • The Comprehensive Special Education Information System (CSEIS) Summary of 60 Day Compliant Timeliness Report, which provides real time information regarding the status of any State complaint received, was revised to allow regional Special Education Quality Assurance (SEQA) Supervisors to access individual staff reports as well as regional reports.
  • The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) provided statewide professional development sessions to all staff responsible for conducting formal State complaint investigations.  Subsequently, a work group was formed, which met on a regular basis to develop products to assist staff in conducting complaint investigations, and foster a level of consistency across the State.  Regionally, SEQA Supervisors met with complaint investigators to review investigation plans and discuss the status of each investigation being conducted by his/her Regional Office.  This served to ensure that quality standards were being met and investigations were handled in a timely manner.

Revisions, with Justification, to Proposed Targets / Improvement Activities / Timelines / Resources for FFY 2008 [If applicable]

A revised State complaint model form and a question and answer document on State complaints will be posted on the State’s web site.

Last Updated: June 30, 2010