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: FAPE in the LRE
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. (Formula references data contained in the rows of the table below.)
Data Source:
New York State (NYS) will use data collected and reported to the United States Education Department (USED) annually in the 618 report on Table 7 of Information Collection 1820-0677 (Report of Dispute Resolution Under Part B of the Individuals with Disabilities Education Act (IDEA)).
| Federal Fiscal Year (FFY) | Measurable and Rigorous Target |
| FFY 2009 (2009-10 school year) |
96.5 percent of mediations held will result in mediation agreements. |
Actual Target Data for FFY 2009:
88.3 percent of mediation sessions held in 2009-10 resulted in mediation agreements to resolve the dispute.
| 7/1/2009 - 6/30/2010 Table 7: Section B, Mediation Requests |
|
| (2) Total number of Mediation requests received | 257 |
| (2.1) Mediations held | 154 |
| (a) Mediations held related to due process | 13 |
| (i) Mediation agreements related to due process complaints | 13 |
| (b) Mediations held not related to due process | 141 |
| (i) Mediation agreements not related to due process | 123 |
| (2.2) Mediations not held (including pending) | 105 |
| Percent = 13[(2.1(a)(i)] + 123[2.1(b)(i)] = 136 divided by 154[2.1] = .883 times 100 = 88.3 % | |
Discussion of Improvement Activities Completed and Explanation of Progress or Slippage that occurred for FFY 2009:
Explanation of Progress or Slippage
The percent of mediation sessions held in 2009-10 that resulted in agreement was 88.3 percent, compared with 88 percent from the previous year. There were 257 total mediation requests in 2009-10, 104 fewer than in 2008-09. However, this may have been affected by the increase of 412 resolution session during the same period.
Improvement Activities Completed in 2009-10:
- The Office of Special Education 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.
- The New York State Dispute Resolution Association (NYSDRA), under contract with the Office of Special Education, revised its website to add a question and answer document relating to the special education mediation. (http://www.nysdra.org/consumer/specialeducation.aspx
) - In 2010, NYSDRA, in collaboration with the NYS funded Special Education Parent Centers, conducted 11 regional sessions to provide information on strategies that result in early and nonadversarial dispute resolution between parents and school districts, including mediation and resolution.
Revisions, with Justification, to Proposed Targets / Improvement Activities / Timelines / Resources for FFY 2010 [If applicable]
None