Annual Performance Report for 2008-09 - February 2010 - Indicator 18
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
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))
Percent = 3.1(a) divided by (3.1) times 100. (This formula references data in the rows contained in the table below.)
New York State (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)).
|Federal Fiscal Year (FFY)||Measurable and Rigorous Target|
(2008-09 school year)
|The percent of hearing requests that go to resolution sessions and are resolved through resolution session settlement agreements will increase by 2%.|
Actual Target Data for FFY 2008:
13.1 percent of hearing requests that went to resolution sessions were resolved through resolution session settlement agreements. The percent of hearing requests that went to resolution sessions and were resolved through resolution session settlement agreements increased by 1.6%.
|7/1/2008 - 6/30/2009
Table 7 Section C: Hearing Requests
|(3) Hearing requests total||6064|
|(3.1) Resolution sessions||4865|
|(a) Settlement agreements||639|
|Percent = 639 [3.1(a)] divided by 4865(3.1) times 100 = 13.134%|
Discussion of Improvement Activities Completed and Explanation of Progress or Slippage that occurred for FFY 2008:
Explanation of Progress
In 2008-09, the percentage of resolution sessions ending in agreement increased from 11.524 percent to 13.134 percent. This represents a 1.61 percentage point improvement over the last year. Although this is less than the 2% target it is a significant improvement.
The 11.524 percent of resolution sessions resulting in agreement reflects only those cases where the settlement agreement is signed within the 30 day resolution period. There are other cases where the discussions started during the resolution period and resulted in a written settlement agreement prior to the first date of the impartial hearing. NYS requires that the impartial hearing officer (IHO) initiate the hearing within 14 days of the end of the resolution period. There are approximately 500 additional due process requests where the case is closed as settled or withdrawn within 14 days of the end of the resolution period.
Improvement Activities Completed in 2008-09
See improvement activities completed for Indicator 17.
- Impartial Hearing Reporting System (IHRS) staff provided ongoing technical assistance to school districts regarding the resolution session process and timelines.
- The revised IHRS Help file includes information about the resolution period and encourages its use.
- The New York State Dispute Resolution Association (NYSDRA), under contract with the Office of Vocational and Educational Services for Individuals with Disabilities (VESID), updated their website on Special Education Mediation to provide information on Resolution Sessions. See http://www.nysdra.org/consumer/specialeducation.aspx
Revisions, with Justification, to Proposed Targets / Improvement Activities / Timelines / Resources for FFY 2008 [If applicable]
- Beginning in 2010, NYSDRA, in collaboration with the NYS funded Special Education Parent Centers, will conduct 15 regional sessions to provide information on strategies that result in early and nonadversarial dispute resolution between parents and school districts, including resolution sessions.
- NYSDRA will, as part of its contract with VESID, pilot individualized education program (IEP) facilitation as a means to reach agreement between parents and school districts.