Overview of the State Performance Plan Development
See Overview of the State Performance Plan Development preceding Indicator #1.
Monitoring Priority: Effective General Supervision Part B / General Supervision
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. (See Attachment 1)
Education law section 4404 and section 200.5(j) of the Commissionerís Regulations establish the requirements for a resolution session prior to the opportunity for an impartial due process hearing. Consistent with the requirements in federal law, the purpose of the resolution session is to discuss the due process complaint notice and the facts that form the basis of the complaint request. The resolution session provides the school district with the opportunity to resolve the complaint prior to the initiation of an impartial hearing. The parents and the school district may agree in writing to waive the resolution session or agree to use the mediation process to resolve the dispute. If the parent and school district reach an agreement to resolve the complaint at a resolution session, the parties must execute a legally binding agreement.
Baseline data will be collected in 2005-06 and reported in the February 2007 APR.
IHRS will be revised to begin collecting the resolution session information in February of 2006. IHRS is a real time reporting system to monitor the timeliness of impartial hearings. School districts will be required to enter data on the number of resolution sessions held, the length of the sessions and the results of the sessions.
By January 2006, VESID will notify school districts on the school districtís responsibility to input data into the IHRS, beginning in the 2005-06 school year, on the percent of resolution sessions that result in resolution agreements.
VESID will collect data beginning in February 2006 on the percent of resolution sessions that result in resolution agreements. On an ongoing basis, VESID will provide technical assistance to school districts on how to report data on resolution sessions. VESID will analyze the data after five months of resolution session data (June 2006) to ensure that data elements collected are appropriate to assist in trend analysis. Revisions, as appropriate, will be made to IHRS and the data collection process if needed.
Targets and improvement strategies will be reported in the APR due to USDOE in February 2007.