Part B State Performance Plan (SPP) for 2005-2010

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 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. (See Attachment 1)

 

Overview of Issue/Description of System or Process

Section 4404-a of NYS Education Law and section 200.5 of the Commissioner’s Regulations establish the procedures for mediation as a means for parents and school districts to resolve disagreements regarding the education of a student with a disability.   

SED contracts with the New York State Dispute Resolution Association (NYSDRA) to oversee the special education mediation process.  In NYS, independent mediators furnished by a Community Dispute Resolution Center through the Office of Court Administration conduct mediation sessions.  SED and NYSDRA jointly develop training programs, which NYSDRA provides to the mediators. 

Baseline Data for FFY 2004 (2004-2005)

The percent of mediation sessions conducted in 2004-05 that resulted in mediation agreements to resolve the dispute was 64.3 percent.

Discussion of Baseline Data 

The baseline data for 2004-05 reflects data on the number of agreements resulting from mediations initiated separate from due process requests and those mediations that result from due process requests.  NYS will begin to collect data that identifies whether the mediation request preceded a request for an impartial hearing in 2005-06. 

 

 

9/1/2002-8/31/2003

9/1/2003-8/31/2004

9/1/2004-8/31/2005

 Mediation Request Total

513

421

532

 Mediations Resulting in Agreement

318

258

342

 Mediations Not Held or Pending

195

163

137

 Percent of Mediations Resulting in  Agreement

62%

61.3%

64.3%

 

As the table above indicates, there has been an increase in the number of mediation sessions requested in the last three years from 513 mediation sessions during the period 9/1/02–8/31/03 to 532 requested during 9/1/04–8/31/05 and the percent of mediation sessions resulting in agreement has increased from 62 percent in 2002-03 to the current 64.3 percent in 2004-05.

Measurable and Rigorous Targets

 

FFY

Measurable and Rigorous Target

2005
(2005-06)

The percent of mediations held that resulted in mediation agreements will increase to 65 percent.

2006
(2006-07)

The percent of mediations held that resulted in mediation agreements will increase to 66 percent.

2007
(2007-08)

The percent of mediations held that resulted in mediation agreements will increase to 67 percent.

2008
(2008-09)

The percent of mediations held that resulted in mediation agreements will increase to 68 percent.

2009
(2009-10)

The percent of mediations held that resulted in mediation agreements will increase to 69 percent.

2010
(2010-11)

The percent of mediations held that resulted in mediation agreements will increase to 70 percent.

 

Improvement Activities/Timelines/Resources

 

Activity

Timeline

Resources

Provide oversight of the State mediation system.

2005-11

NYSDRA

$345,000 in 2005-06

Provide update sessions to mediators regarding IDEA and State law and regulations relating to special education and train new mediators.

2006-08

NYSDRA

VESID staff

Review recommendations developed by stakeholders and other States to improve and increase the use of mediations in NYS. 

2005-06

VESID staff

Consortium for Appropriate Dispute Resolution in Special Education (CADRE)

Regional Resource Centers

Develop a brochure for parents on mediation.

2006

VESID staff