Special Education

Annual Performance Report for 2008-09 - February 2010 - Indicator 19

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 19:

Percent of mediations held that resulted in mediation agreements.(20 U.S.C. 1416(a)(3)(B))


Percent = [(2.1)(a)(i) + 2.1(b)(i)) divided by 2.1] times 100. (Formula references data contained in the rows of the table below.)

Data Source:

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
FFY 2008
(2008-09 school year)
96 percent of mediations held will result in mediation agreements.

Actual Target Data for FFY 2008:

88.0 percent of mediation sessions held in 2008-09 resulted in mediation agreements to resolve the dispute.

7/1/2008 - 6/30/2009
Table 7: Section B, Mediation Requests
(2)   Total number of Mediation request received 361
        (2.1)   Mediations held 209
                 (a)  Mediations held related to due process 16
(i)  Mediation agreements related to due process complaint 10
   (b)  Mediations held not related to due process 193
                        (i)  Mediation agreements not related to due process 174
  (2.2)   Mediations not held (including pending) 152
Percent = 10[(2.1(a)(i)] + 174[2.1(b)(i)] = 184 divided by 209 [2.1] = .88038 times 100 = 88.038%.

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

Explanation of Progress or Slippage

The percent of mediation sessions held in 2008-09 that resulted in agreement was 88.033 percent, down from 89.883 percent from the previous year.  There were 361 total mediation requests in 2007-08, 66 fewer than in 2007-08.  There is some indication that the increasing numbers of resolution sessions is affecting the number of mediations requested as well as the number of mediations with agreements.

Improvement Activities Completed in 2008-09:

  • The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) accessed technical assistance to further inform its special education mediation process through ongoing participation in the Northeast Regional Resource Center’s (NERRC) Legal and Regulatory Workgroup.
  • 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 mediation. 
  • NYSDRA will, as part of its contract with VESID, pilot individualized education programs (IEP) facilitation as a means to reach agreement between parents and school districts. 
Last Updated: June 30, 2010