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))
Percent = [(1.1(b) + 1.1(c)) divided by 1.1] times 100. (Formula references data in rows contained in the table below.)
New York State (NYS) will use data collected and reported annually to the United States Education Department 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).
|Federal Fiscal Year (FFY)||Measurable and Rigorous Target|
(2010-11 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 2010:
100 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.
|7/1/2010 - 6/30/2011
Table 7: Section A, Written Signed Complaints
|(1) Total Number of written, signed complaints filed||283|
|(1.1) Complaints with reports issued||201|
|(a) Reports with findings of noncompliance||167|
|(b) Reports within timeline||179|
|(c) Reports within extended timelines||22|
|(1.2) Complaints pending||6|
|(a) Complaint pending a due process hearing||0|
|(1.3) Complaints withdrawn or dismissed||76|
|Percent = 179 [1.1(b)] + 22[1.1(c)] = 201 divided by 201[1.1] times 100 = 100%.|
Discussion of Improvement Activities Completed and Explanation of Progress or Slippage that occurred for FFY 2010:
Explanation of Progress or Slippage
The percentage of signed written complaints resolved within the 60-day timeline or an extended timeline improved from 99.53 percent in 2009-10 to 100 percent in 2010-11. The State has met its target for this indicator.
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.
- Office of Special Education staff participated in all meetings of the Northeast Regional Resource Center (NERCC) Legal and Regulatory Workgroup in 2010.
- Office of Special Education leadership staff attended the session on dispute resolution at the Office of Special Education Programs (OSEP) Mega Conference in 2010.
Additional Information Required by the OSEP APR Response Table for this Indicator (if applicable):
|Statement from the OSEP Response Table||State’s Response|
|OSEP appreciates the State’s efforts and looks forward to reviewing in the FFY 2010 APR, due February 1, 2012, the State’s data demonstrating that it is in compliance with the timely complaint resolution requirements in 34 CFR §300.152. If the State does not report 100 percent compliance in the FFY 2010 APR, the State must review its improvement activities and revise them, if necessary.||The State met its target of 100 percent compliance for this indicator in FFY 2010.|
Revisions, with Justification, to Proposed Targets / Improvement Activities / Timelines / Resources for FFY 2010 [If applicable] - None