Dispute Resolution

Dispute Dispute ResolutionResolution

Overview of State Performance Plan Indicators

16 – Citizen Complaints,17 – Due Process,18 – Resolution Settlement

Agreements, and 19 – Mediation Agreements

This power point includes:This power point includes:

1. A description of each indicator;2. The SPP targets for each year and

whether our State met the targets;3. Any additional pertinent

information related to the indicator (if applicable);

4. A list of some of the improvement activities included in the State’s SPP/APR for the indicator;

5. A description of how the indicator might impact a district’s determination level (as described in WAC 392-172A-07012); and

6. Contact information for questions about the indicator.

Citizen ComplaintsCitizen ComplaintsIndicator 16: Percent of signed

written complaints with reports issued that were resolved within the 60-day timeline (or a timeline extended for exceptional circumstances or because the parent and the public agency agree to extend the time to engage in mediation or other alternative means of dispute resolution). (20 U.S.C. 1416 (a)(3)(B))

Data for this indicator are generated and maintained by OSPI’s Special Education department.

State Targets – Indicator State Targets – Indicator 1616

Year Target Actual Met Target?

2005-06 100% 98% No

2006-07 100% 93% No

2007-08 100% 100% Yes

2008-09 100% 77% No

2009-10 100% TBD TBD

2010-11 100% TBD TBD

Note: Since this is a Compliance Indicator, States are federally-required to set the target at 100% for all years.

Due ProcessDue ProcessIndicator 17: Percent of

adjudicated due process hearing requests that were adjudicated within the 45-day timeline (or a timeline that is properly extended by the hearing officer or in the case of an expedited hearing, within the required timelines). (20 U.S.C. 1416 (a)(3)(B))

Data for this indicator are generated and maintained by OSPI (Administrative Resources and Special Education departments).



2005-06 100% 100% Yes

2006-07 100% 100% Yes

2007-08 100% 93% No

2008-09 100% 100% Yes

2009-10 100% TBD TBD

2010-11 100% TBD TBD

Note: Since this is a Compliance Indicator, States are federally-required to set the target at 100% for all years.

Resolution Settlement Resolution Settlement AgreementsAgreements

Indicator 18: Percent of hearing requests that went to resolution sessions that were resolved through resolution session settlement agreements (20 U.S.C. 1416(a)(3)(B))

Data for this indicator are generated by Washington’s Office of Administrative Hearings and maintained by OSPI’s Special Education department.



2005-06(baseline

year)18.5%

(baseline year)

2006-07 20% 19.3% No

2007-08 22% 41.9% Yes

2008-09 25% 32.9% Yes

2009-10 25% TBD TBD

2010-11 25% TBD TBD

Note: Since this is a Results Indicator, States are permitted to set their own targets.

Mediation AgreementsMediation Agreements

Indicator 19: Percent of mediations held that resulted in mediation agreements. (20 U.S.C. 1416(a)(3)(B))

Data for this indicator are collected by Sound Options Mediation Group and maintained by OSPI’s Special Education department.



2005-06 85% 87% Yes

2006-07 85% 82% No

2007-08 86% 79% No

2008-09 87% 89% Yes

2009-10 88% TBD TBD

2010-11 89% TBD TBD

Note: Since this is a Results Indicator, States are permitted to set their own targets.

SPP/APR Improvement SPP/APR Improvement ActivitiesActivitiesHere are some of the improvement

activities included in our SPP/APR to address these four indicators:◦Model state forms were

created/updated, including forms related to due process and resolution agreements;

◦Regional WAC trainings were conducted in the fall of 2007, including an overview of the new requirements related to dispute resolution;

Improvement Activities Improvement Activities (cont.)(cont.)◦Ongoing training related to dispute

resolution continues to be provided to school administrators, regional ESDs, parents, advocates, other agencies, etc.;

◦Data tracking systems were created/updated to ensure accurate data collection and reporting;

◦OSPI staff continue to provide ongoing training to Administrative Law Judges (ALJ’s);

Improvement Activities Improvement Activities (cont.)(cont.)

◦The State’s contracted mediator, Sound Options Mediation Group, provides trainings to regional ESDs, parents, and others;

◦Develop/collect technical assistance resources across all twenty performance indicators and make available to LEAs and the general public on OSPI’s website;

◦AND MORE…

Impact on DeterminationsImpact on DeterminationsIndicators 17, 18, and 19 do not

currently impact a district’s determination level.

An individual district’s compliance with citizen complaint corrective actions (associated with indicator 16) will impact the district’s performance on criteria 2 of the determinations process (timely correction of non-compliance).

See the next slide for more information…

Determination Criteria 2 – Determination Criteria 2 – Timely Correction of Non-Timely Correction of Non-compliancecompliance

Description Determination Level

The district complied with all corrective actions that were ordered as a result of a citizen complaint in a timely manner.

1 (Meets

Requirements)

The district complied with all corrective actions that were ordered as a result of a citizen complaint , but did not complete the actions within one year of notification.

3 (Needs

Intervention)

The district did not comply with all corrective actions that were ordered as a result of a citizen complaint .

4 (Needs Substantial

Intervention)Note: There are no determination level 2 criteria for this indicator.

Contact InformationContact InformationFor questions about indicators 16, 17,

18, and 19, contact Pam McPartland at: [email protected]

For information about the Office of Administrative Hearings, visit: http://www.oah.wa.gov/

For information about mediations, visit the Sound Options Mediation Group website at: http://www.somtg.com/

Documents

Dispute Resolution