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))


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 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)
97 percent of mediations held will result in mediation agreements.

Actual Target Data for FFY 2012:

92 percent of mediation sessions held resulted in mediation agreements.

7/1/2012 - 6/30/2013
Table 7: Section B, Mediation Requests
(2)   Total number of Mediation requests received 319
(2.1)   Mediations held 177
(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 172
(i)  Mediation agreements not related to due process 158
(2.2)   Mediations not held (including pending) 28
Percent = 5[(2.1(a)(i)] + 158[2.1(b)(i)] = 163 divided by 177[2.1] = .92 times 100 = 92%

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

While the State did not meet its target that 97 percent of mediations held would result in mediation agreements, it demonstrated a six percentage point improvement over last year.  The percent of mediation sessions held in 2012-13 that resulted in agreement was 92 percent, compared with 86 percent from the previous year.  There were 319 total mediation requests in 2012-13, 66 more than in 2011-12.  The increase in requests was possibly due to increased and improved training of new and veteran special education mediators and increased public awareness of special education mediation.

Improvement Activities Completed in 2012-13:

  • 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 July 2012 to June 2013, the NYSDRA website had a total of 33,913 individuals visiting the webpage.
  • In March, April and May 2013, NYSDRA continued collaboration with the State Education Department (SED)-funded Special Education Parent Centers to deliver seven regional workshops 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.
  • NYSDRA provided training to 54 veteran and 45 new mediators.  This training curriculum was made accessible (post-training) online.
  • During the 2012-13 school year, NYSDRA distributed an estimated 3,350 brochures.
  • NYSDRA continued with the 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.

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


Last Updated: July 10, 2014