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

Measurement:

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 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
FFY 2011
(2011-12 school year)
97 percent of mediations held will result in mediation agreements.

Actual Target Data for FFY 2011:

86 percent of mediation sessions resulted in mediation agreements.

7/1/2011 - 6/30/2012
Table 7: Section B, Mediation Requests
(2)   Total number of Mediation requests received 253
(2.1)   Mediations held 157
(a)  Mediations held related to due process 5
(i)  Mediation agreements related to due process complaints 5
(b)  Mediations held not related to due process 152
(i)  Mediation agreements not related to due process 130
(2.2)   Mediations not held (including pending) 96
Percent = 5[(2.1(a)(i)] + 130[2.1(b)(i)] = 135 divided by 157[2.1] = .86 times 100 = 86 %

Discussion of Improvement Activities Completed and Explanation of Progress or Slippage that occurred for FFY 2011:

Explanation of Progress or Slippage

The State did not meet its target that 97 percent of mediations held would result in mediation agreements.  The percent of mediation sessions held in 2011-12 that resulted in agreement was 86 percent, compared with 88.3 percent from the previous year.  There were 253 total mediation requests in 2011-12, 67 more than in 2010-11.  The increase in requests rose to just under 257 reported in 2009-10, possibly due to increased and improved training of new and veteran special education mediators and increased public awareness of special education mediation.  However, the percentage of mediation sessions that resulted in agreement declined slightly (2.3 percentage points).

Improvement Activities Completed in 2011-12:

  • 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.
  • The New York State Dispute Resolution Association (NYSDRA), under contract with the Office of Special Education, edited and maintained a website (http://www.nysdra.org/consumer/specialeducation.aspxexternal link) that describes and promotes the benefits of special education mediation in NYS, highlights frequently asked questions and answers, and provides additional resources.  From June 2011 to July 2012, the NYSDRA website had a total of 27,615 individuals visiting the webpage.
  • In March, April and May 2012, NYSDRA collaborated with the State Education Department (SED)-funded Special Education Parent Centers to deliver regional presentations to provide parents, school districts, advocates and others with information and strategies to engage in early and nonadversarial dispute resolution, including mediation and resolution sessions.  Twelve regional workshops took place and 133 attendees benefited.
  • NYSRDA provided training to 73 veteran and new mediators.  This training curriculum was made accessible (post-training) online.
  • During the 2010-11 school year, NYSDRA distributed an estimated 2,850 brochures.
  • NYSDRA established a working group, comprised of representatives from the Community Dispute Resolution Centers and SED, to share best practices and explore ways to enhance and expand the program.
  • SED conducted stakeholder discussions on regional and statewide strategies to increase the use of mediation to resolve disputes.

Revisions, with Justification, to Proposed Targets / Improvement Activities / Timelines / Resources for FFY 2012 [If applicable]

None

Last Updated: March 8, 2013