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))
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 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).
|Federal Fiscal Year (FFY)||Measurable and Rigorous Target|
(2010-11 school year)
|The percent of hearing requests that go to resolution sessions and are resolved through resolution session settlement agreements will increase by 2 percent.|
Actual Target Data for FFY 2010:
9.17 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 1.08 percentage points from FFY 2009.
|7/1/2010 - 6/30/2011
Table 7 Section C: Hearing Requests
|(3) Hearing requests total||6147|
|(3.1) Resolution sessions||5492|
|(a) Settlement agreements||504|
|Percent = 504 [3.1(a)] divided by 5492 (3.1) times 100 = 9.17 %.|
Discussion of Improvement Activities Completed and Explanation of Progress or Slippage that occurred for FFY 2010:
Explanation of Progress or Slippage
The State did not meet its target to increase the percent of hearing requests that go to resolution sessions and are resolved through resolution session settlement agreements by 2 percent. In 2010-11, the percent of resolution sessions ending in agreement was 8.19 percent, which is almost five percentage points less than the prior year. In part, this may be due to the increasing number of impartial hearing requests that involve more than one issue, which may be a factor impacting the number of resolution sessions ending in written agreements.
In addition, the percent of resolution sessions resulting in agreement reflects only those cases where the settlement agreement is signed within the 30-day resolution period. 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 (no later than 14 days after the resolution period has ended) were not counted. There were 421 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 2010
- The Office of Special Education accessed technical assistance to further inform its special education mediation process through ongoing participation in the Northeast Regional Resource Center’s Legal and Regulatory Workgroup.
- Staff from the Office of Special Education participated in two webinars sponsored by the National Center on Dispute Resolution in Special Education (CADRE) which focused on strategies to resolve disagreements related to special education.
- Impartial Hearing Reporting System (IHRS) staff provides 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.
- In March, April and May of 2011, the New York State Dispute Resolution Center (NYSDRA), in collaboration with New York State Education Department (NYSED)-funded Special Education Parent Centers, provided regional forums on early and nonadversarial dispute resolution, including resolution sessions and mediation.
Revisions, with Justification, to Proposed Targets / Improvement Activities / Timelines / Resources for FFY 2010 [If applicable]
NYSED will post guidance materials on resolution sessions on its website and disseminate statewide through its technical assistance networks.
Timeline: By June 2012.