Part B Annual Performance Report for 2007-08 - New York State
February 2009

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: 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 30-day timeline for preschool students) 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))

Percent = [(3.2(a) + 3.2(b)) divided by 3.2] times 100.



Measurable and Rigorous Target

FFY 2007

100 percent of impartial hearing decisions will be rendered within regulatory timelines.

Actual Target Data for FFY 2007:

80.909 percent of impartial hearing requests were fully adjudicated within the 45-day timeline (or 30-day timeline for preschool students) or a timeline was properly extended by the impartial hearing officer (IHO) at the request of either party.

7/1/2007 - 6/30/2008
SECTION C: Hearing Requests

(3)  Hearing requests total


      (3.2) Hearings (fully adjudicated)


              (a)  Decisions within timeline


              (b)  Decisions within extended timeline


      (3.3) Resolved without a hearing


Percent = 130[3.2(a)] + 315[3.2(b)] divided by 550[3.2] = .80909 times 100 = 80.909%.

Discussion of Improvement Activities Completed and Explanation of Progress or Slippage that occurred for FFY 2007:

Explanation of Progress

In 2007-08, the percentage of adjudicated hearings completed in a timely manner increased slightly from 79.6 percent to 80.9 percent, an increase of 1.3 percentage points.

Improvement Activities Completed in 2007-08

The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) accessed technical assistance to further inform it due process hearing system through ongoing participation in the Northeast Regional Resource Center’s (NERRC) Legal and Regulatory Workgroup.

Activities Completed:

  1. In 2007-08, the capacity of the Impartial Hearing Reporting System (IHRS) to monitor timeliness continued to improve through the refinement of the electronic file transfer process from the NYC’s impartial hearing reporting system.  The nightly process provides daily access to NYC impartial hearing information and has improved the accuracy of the information.
  2. Revisions to IHRS included the development of an IHO Toolbox, which includes an extension calculator for use by the IHOs.  Use of the calculator ensures consistency with NYS standards including no extensions greater than 30 days and no extension granted prior to the allowable time frame.  The Toolbox also includes a new report entitled the “Summary of Hearing Timelines” which provides IHO-specific information about the timeliness of closed cases in relation to the original due date or the extended due date.
  3. IHOs were provided with an annual “Activity Summary” using data collected through IHRS. The activity summary includes the total number of cases to which they were appointed and whether those cases were addressed in a timely manner.  Trend information is also provided.
  4. Monthly phone conferences were conducted by VESID's IHRS Office, NYC Special Education Quality Assurance (SEQA) Regional Office and the NYC Impartial Hearing Office to address data collection issues, clarify State regulations, policies and procedures, and address other issues affecting timely decisions by NYC IHOs.
  5. IHRS staff provided reminders and offered school districts and IHOs technical assistance regarding cases when they are identified as five or more days late.
  6. Based on NYS regulations, SED initiated 31 investigations in impartial hearing cases where the decisions appeared overdue.  When a complaint was founded, IHOs were required to participate in additional training.  In 2008, two NYC IHOs were required to participate in individual tutorials regarding timelines.  VESID revoked the certification of one NYC IHO as a result of founded complaints.
  7. A website for IHOs was established in February of 2007, which includes posting of alerts, access to applicable laws and regulations, State Review Office (SRO) information, Commissioner of Education Decisions, IHRS information, and links to the VESID publications page.  It can be found at
  8. In March and April 2008, VESID provided update training to all IHOs.  Both training sessions also introduced an extension calculation tool available to IHOs through the IHRS.

Revisions, with Justification, to Proposed Targets / Improvement Activities / Timelines / Resources for FFY 2007 [If applicable]