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 Department of Education 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 2012
(2012-13 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 2012:

5.98 percent of hearing requests that went to resolution sessions were resolved through resolution session settlement agreements. 

7/1/2012 - 6/30/2013
Table 7 Section C: Hearing Requests
(3)  Hearing requests total 6025
(3.1) Resolution sessions 5433
(a)  Settlement agreements 325
Percent = 325 [3.1(a)] divided by 5433 (3.1) times 100 = 5.98 %.

Discussion of Improvement Activities and Explanation of Slippage, if the State did not meet its target, that occurred for FFY 2012:

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 2012-13, the percent of resolution sessions ending in agreement was 5.98 percent, which is 2.8 percentage points less than the prior year.  This may be due to the continued number of impartial hearing requests that involve multiple issues, 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 462 additional due process requests where the case was closed as settled or withdrawn within 14 days of the end of the resolution period.  In addition, the use of mediation increased in this reporting year, which may have led to a decrease in the use of resolution sessions.

Improvement Activities Completed in FFY 2012

In April and May of 2013, the New York State Dispute Resolution Center (NYSDRA), in collaboration with State Education Department funded Special Education Parent Centers, conducted seven regional forums on early and nonadversarial dispute resolution, including use of resolution sessions and mediation.

Revisions, with Justification, to Proposed Targets / Improvement Activities / Timelines / Resources for FFY 2013 [If applicable]

None

Last Updated: February 10, 2014