Special Education

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.

Measurement:

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 2009
(2009-10 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 2009:

99 percent of signed written complaints were resolved within the 60-day timeline or a timeline extended for exceptional circumstances with respect to a particular complaint.  

7/1/2009 - 6/30/2010
Table 7: Section A, Written Signed Complaints
(1)  Total Number of written, signed complaints filed 306
 (1.1) Complaints with reports issued 217
(a) Reports with findings of noncompliance 166
 (b) Reports within timeline 201
  (c) Reports within extended timelines 15
 (1.2) Complaints pending 1
 (a) Complaint pending a due process hearing 0
 (1.3) Complaints withdrawn or dismissed 88
Percent = 201 [1.1(b)] + 15[1.1(c)] = 216 divided by 217[1.1] times 100 = 99.53%.

Discussion of Improvement Activities Completed and Explanation of Progress or Slippage that occurred for FFY 2009:

Explanation of Progress or Slippage

The percentage of signed written complaints resolved within the 60-day timeline or an extended timeline improved from 96 percent in 2008-09 to 99.53 percent in 2009-10.  The one State complaint that was not resolved within the 60 day timeline or a timeline extended was one day late, with the delay caused by unforeseen delay in receipt of the translation of the State complaint findings into the native language of the parent. 

Improvement Activities Completed

The State complaint model form and a question and answer document on State complaints was posted on the State’s web site in February 2010 and is available at http://www.p12.nysed.gov/specialed/publications/policy/SampleComplaintForm-210.pdf.

Also see Revisions to improvement activities for FFY 2009 below.

Additional Information Required by the Office of Special Education Programs (OSEP) APR Response Table for this Indicator (if applicable):

Statement from the OSEP Response Table State’s Response
If the State does not report 100% compliance in the FFY 2009 APR, the State must review its improvement activities and revise them, if necessary. See below

Revisions, with Justification, to Proposed Targets / Improvement Activities / Timelines / Resources for FFY 2009 [If applicable]

  • To ensure consistent procedures, the State revised its State complaint procedures and investigation process and provided professional development to all State complaint investigators, Special Education Quality Assurance (SEQA) Supervisors and Special Education Managers. 
  • The State established a core group of investigators from each of its six regional offices to conduct State complaint investigations.
  • The Comprehensive Special Education Information System (CSEIS) modified letters, forms, and procedures for recording State complaint data to reflect changes made to investigation procedures.  Training was provided to SEQA investigators to learn about and use the new system modifications
  • The State complaint model form and a question and answer document on State complaints was posted on the State’s web site in February 2010 and is available at http://www.p12.nysed.gov/specialed/publications/policy/SampleComplaintForm-210.pdf .
Last Updated: February 9, 2011