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 18:  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))

Measurement:

Percent = 3.1(a) divided by (3.1) times 100. (This formula references data in the rows contained in 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 2009
(2009-10 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 2009:

10 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 decreased by almost three (3) percent.

7/1/2009 - 6/30/2010
Table 7 Section C: Hearing Requests
(3)  Hearing requests total 6078
(3.1) Resolution sessions 5277
(a)  Settlement agreements 541
Percent = 541 [3.1(a)] divided by 5277 (3.1) times 100 = 10.25 %.

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

Explanation of Progress or Slippage

In 2009-10, the percentage of resolution sessions ending in agreement was 10.25 percent, a decrease of 2.88 percentage points over the previous year.  In 2008-09, the percentage of resolution sessions ending in agreement was 13.134 percent.

The 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, despite the fact that parties may be nearing a settlement agreement.  There were 469 additional due process requests where the case was closed as settled or withdrawn within 14 days of the end of the resolution period.

Improvement Activities Completed in FFY 2009

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 on-line IHRS Help file includes information about the resolution period, and staff was trained to assist district personnel and IHOs in encouraging the use of resolution periods. The New York State Dispute Resolution Association (NYSDRA), under contract with the Office of Special Education, continues to provide information on Special Education Mediation and Resolution Sessions on its website at http://www.nysdra.org/consumer/specialeducation.aspxexternal link
  • In 2010, NYSDRA, in collaboration with the NYS funded Special Education Parent Centers, conducted 11 regional sessions to provide information on strategies that result in early and non-adversarial dispute resolution between parents and school districts, including resolution sessions.

Revisions, with Justification, to Proposed Targets / Improvement Activities / Timelines / Resources for FFY 2010 [If applicable]

None

Last Updated: February 28, 2011