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 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.


Measurable and Rigorous Target

FFY 2007

95.5 percent of mediations held will result in mediation agreements.

Actual Target Data for FFY 2007:

89.883 percent of mediation sessions held in 2007-08 resulted in mediation agreements to resolve the dispute.

7/1/2007 - 6/30/2008
Table 7: Section B, Mediation Requests

(2)  Mediation requests total


      (2.1) Mediations [held]


              (a)  Mediations [held] related to due process


                    (i) Mediation agreements


              (b)  Mediations [held] not related to due process


                    (i) Mediation agreements


      (2.2) Mediations not held (including pending)


Percent = 12[(2.1(a)(i)] + 219[2.1(b)(i)] = 231 divided by 257 [2.1] = .8988 times 100 = 89.883%.

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

Explanation of Progress or Slippage

The percent of mediation sessions held in 2007-08 that resulted in agreement was 89.88 percent, down from 90.64 percent from the previous year.  There were 427 total mediation requests in 2007-08, nine fewer than in 2006-07.  There is some indication that the increasing numbers of resolution sessions is affecting the number of mediations requested as well as the number of mediations with agreements.

Improvement Activities Completed in 2007-08:

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

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