February 2009 APR - Indicator 19

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))

Measurement:
Percent = [(2.1(a)(i) + 2.1(b)(i)) divided by 2.1] times 100.

FFY	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	427
(2.1) Mediations [held]	257
(a) Mediations [held] related to due process	17
(i) Mediation agreements	12
(b) Mediations [held] not related to due process	240
(i) Mediation agreements	219
(2.2) Mediations not held (including pending)	170
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.

Forty (40) new special education mediators received initial training in December 2007. This was followed up by on-the-job learning activities to reinforce training. Of the 40 individuals who participated in the 2007 initial training, 16 completed the apprenticeship component.
New brochures were prepared during 2007-08. The New York State Dispute Resolution Association (NYSDRA) has received a grant from a private nonprofit foundation to do an intensive outreach pilot in 2008 and will use the brochures to assist with providing information to families, advocates and school districts.
In 2007-08, the State Education Department (SED) developed a “Sample Form to Request Mediation” in order to provide parents and schools with a consistent request process, posted it on the web and disseminated it via listserv https://www.p12.nysed.gov/specialed/publications/policy/mediationrequest.htm
SED contracts with NYSDRA to oversee the special education mediation process. In NYS, independent volunteer mediators furnished by a Community Dispute Resolution Center (CDRC) through the Office of Court Administration conduct mediation sessions. SED and NYSDRA jointly developed training programs, which NYSDRA provided to the mediators. Under a new contract, the vendor will be expected to provide greater outreach to parents and school personnel to promote the use of mediation in this State.
In 2007-08, staff from the New York City (NYC) Special Education Quality Assurance (SEQA) Regional Office participated in a workgroup comprised of representatives from the NYC mediation centers, New York City Department of Education (NYCDOE), NYSDRA and the advocacy community. The group is developing a standard of guidelines for special education mediation in NYC, including ways to increase the use of mediation to resolve disputes.
The current State funded mediation contractor has maintained a link within VESID’s website to provide updated information as it becomes available. Materials were also disseminated by the 24 CDRCs throughout NYS.
See activities listed in Indicator 18.

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

Beginning in 2009, training for special education mediators will be provided annually.
Through a new contract with SED, beginning in 2009, NYSDRA will conduct regional professional development sessions regarding alternative dispute resolution for professionals and parents such as conflict resolution processes, parent-to-parent assistance, individualized education program (IEP) facilitation, early complaint resolution and mediation. These sessions will be conducted in collaboration with the VESID-funded Parent Centers and Regional Special Education Trainers.