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 17:  Percent of adjudicated due process hearing requests that were fully adjudicated within the 45-day timeline or a timeline that is properly extended by the hearing officer at the request of either party or in the case of an expedited hearing, within the required timelines.
(20 U.S.C. 1416(a)(3)(B))


Percent = [(3.2(a) + 3.2(b)) divided by 3.2] times 100.  (This 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 Department of Education (USDOE) 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)).

Reporting on this Indicator in the APR is no longer required by USDOE.  States report data on the timeliness of State complaint decisions as part of the data they submit under IDEA section 618.  However, because the State was identified as being in need of assistance for two consecutive years, in part as a result of performance relating to Indicator 17, it is required to report on the federal technical assistance sources from which the State received assistance, and the actions the State took as a result of that technical assistance.

Federal Technical Assistance Received in FFY 2012:

Staff from the P-12: Office of Special Education accessed federal technical assistance to further inform its activities to improve due process timelines as follows:

  • The State regularly reviews information posted on the CADRE (Center for Appropriate Dispute Resolution in Special Education) website and through its list serve.
  • The State arranged for direct technical assistance with CADRE, which conducted a webinar targeted to information requested by the New York State Education Department (NYSED), to discuss Individualized Education Program (IEP) Facilitation.  As a result, New York sent two representatives of NYSED to IEP facilitation training to further inform our next steps on bringing IEP facilitation to NYS.  The large numbers of due process complaints filed in this State is one factor in ensuring timely issues.  Use of IEP Facilitation in NYS is being considered as a process to reduce the numbers of requests for due process. 
  • The State consulted with nationally recognized technical assistance providers to inform changes to the State’s regulations relating to impartial hearings.  Changes to State regulations, which in great part related to the timeliness of hearings, were enacted effective on February 1, 2014.
  • The State contracted for training for impartial hearing officers (IHOs).  One full day on-site training session and three webinars for IHOs were conducted by nationally recognized trainers during the 2012-13 year.
  • The State regularly participated in the Northeast Regional Resource Center (NERCC) Legal and Regulatory Workshop where issues relating to due process are discussed.
  • Staff participated in multiple webinars sponsored by the National Center on Dispute Resolution in Special Education (CADRE) which focused on strategies to resolve disagreements related to special education.
  • Reviewed OSEP’s July 2013 Question and Answer document on IDEA Part B Dispute Resolution Procedures to enable staff to provide the most current technical assistance on dispute resolution to the field.
Last Updated: July 10, 2014