Overview of the Annual Performance Report Development:
See Overview of the Development of the Annual Performance Report on page 1.
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Monitoring Priority: Effective General Supervision Part B / General Supervision |
Indicator #17: Percent of fully 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.
(20 U.S.C. 1416(a)(3)(B))
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Measurement:
Percent = [(3.2(a) + 3.2(b)) divided by
3.2] times 100. |
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FFY |
Measurable and Rigorous Target |
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2005 |
100 percent of impartial hearing decisions will be rendered within regulatory timelines. |
Actual Target Data for FFY 2005:
The percent of due process hearing requests that were fully adjudicated within the 45-day timeline or a timeline that was properly extended by the hearing officer at the request of either party was 83.39 percent.
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(3) Hearing requests total |
5415 |
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(3.1) Resolution meetings |
959 |
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(a) Settlement agreements |
170 |
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(3.2) Hearings (fully adjudicated) |
1054 |
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(a) Decisions within timeline |
233 |
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(b) Decisions within extended timeline |
646 |
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(3.3) Resolved without a hearing |
4177 |
Percent = 233 [3.2(a)] + 646 [3.2(b)] divided by 1054 [3.2] = 83.39 times 100 = 83.39%.
Discussion of Improvement Activities Completed and Explanation of Progress or Slippage that Occurred for FFY 2005:
The percentage of timely hearings decreased 0.1 percentage point from 83.5 percent in 2004 to 83.4 percent in 2005. The minor slippage is attributed to NYS increased monitoring of the time lines for hearings. In April of 2006 NYS implemented the revision to the Impartial Hearing Reporting System (IHRS) to collect resolution session information and to begin monitoring the July 2004 NYS regulatory change which limited the length of extensions to a maximum of 30 days. This change in monitoring protocols is expected to have a significant effect on the timeliness of hearings. During this year the impartial hearing officer’s (IHO) practice of granting extensions from hearing date to hearing date is regularly questioned and is increasing the awareness of the compliance date for the hearing.
The following activities were completed:
In March of 2005, IHOs received performance summaries. The performance summaries were structured to provide information regarding the number of extensions granted for greater than 30 days to prepare the IHOs for the increased monitoring in April. The IHOs will receive performance summaries annually and the summaries will highlight the individual’s progress or slippage in terms of timeliness.
NYS completed the development of an electronic file transfer process between the New York City Department of Education Impartial Hearing System and the State’s IHRS. This process makes it possible to have New York City impartial hearing data within twelve hours of data entry instead of the 1-14 day lag that existed prior to the transfer process.
Revisions, with Justification, to Proposed Targets
No changes.
Revisions, with Justification to Improvement Activities/ Timelines /Resources for FFY 2005
No changes.