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FFY 2007 Annual Performance Report - TEA - Home School ...

FFY 2007 Annual Performance Report - TEA - Home School ...

Part B State

Part B State Annual Performance Report (APR) for 2007 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 a timeline that is properly extended by the hearing officer at the request of either party. (20 U.S.C. 1416(a)(3)(B)) Measurement: Percent = [(3.2(a) + 3.2(b)) divided by 3.2] times 100. FFY Measurable and Rigorous Target 2007 100% of fully adjudicated due process hearing requests are fully adjudicated within the 45-day timeline or a timeline that is properly extended by the hearing officer at the request of either party. Actual Target Data for FFY 2007: Due Process Hearing Timeline FFY 2005 FFY 2006 FFY 2007 2005-06 2006-07 2007-08 (3) Due process complaints total 277 329 300 (3.2) Hearings (fully adjudicated) 32 45 32 (a) Decisions within timeline (include expedited) 4 5 3 (b) Decisions within extended timeline 28 40 29 Percent of fully adjudicated due process hearing requests that were fully adjudicated within the 45day timeline or a timeline that is properly extended by the hearing officer at the request of either party. Calculation: (3.2(a) + 3.2(b)) / (3.2) * 100 Federal Definitions Source | Texas Education Agency, State Supervision Data 100% 100% 100% (3) Due Process complaints – a filing by a parent or public agency to initiate an impartial due process hearing on matters relating to the identification, evaluation, or educational placement of a child with a disability, or the provision of FAPE to the child. (3.2) Hearings (fully adjudicated) – A hearing officer conducted a hearing, reached a final decision regarding matters of law and fact and issued a written decision to the parent and public agency. (3.2)(a) Decision within timeline – The written decision from a hearing (fully adjudicated) was provided to the parties in the hearing not later than 45 days after the expiration of the resolution period or in the case of expedited due process complaints, provided no later than 10 school days after the hearing, which must occur within 20 school days of the date the expedited due process complaint is filed. Part B State Annual Performance Report for FFY 2007 February 2, 2009 (OMB NO: 1820-0624 / Expiration Date: 08-31-2009) Page 93

(3.2)(b) Decision within extended timeline – The written decision from a hearing (fully adjudicated) was provided to the parties in the hearing more than 45 days after the expiration of the resolution period, but within a specific time extension granted by the hearing or reviewing officer at the request of either party. Discussion of Improvement Activities Completed and Explanation of Progress or Slippage that occurred for FFY 2007: I. Improvement Activities Completed The improvement activities related to an effective general supervision system are interrelated to several other indicators in the State Performance Plan (SPP) including: � Indicator 15: Effective General Supervision � Indicator 16: Complaint Investigation Timeline � Indicator 18: Resolution Session � Indicator 19: Mediation Agreements The data associated with the indicators above must be considered when addressing the due process timeline indicator. During the 2007-08 year, the TEA completed the following activities to improve the dispute resolution system: � In accordance with their contracts, the hearing officers received at least 10 hours of continuing legal education credit through the State Bar of Texas by attending training sessions, seminars and/or conferences relating to special education law topics; � In October 2007, the TEA sponsored a training session for hearing officers regarding the use of the TEA’s integrated Correspondence and Dispute Resolution Management System (CDRMS) database and received information about the dispute resolution indicators and noncompliance reporting requirements included in the APR; � In February 2008, the TEA sponsored a training session for hearing officers by a nationallyrecognized special education attorney and consultant regarding the responsibilities of hearing officers, requirements for special education due process hearings, and recent developments in special education law; � In April 2008, the TEA sponsored, in part due to a recommendation by a focus group, a training session for hearing officers regarding the ethics of conducting fair and impartial hearings; � In June 2008, the TEA sponsored a training session for hearing officers regarding the Commissioner of Education Rules for Special Education adopted in November 2007; � In the spring and summer of 2008, the TEA evaluated each hearing officer’s performance with regard to analysis and application of applicable law, timeliness of decisions, reversal rates, and administrative management of cases, among other things; and � During the summer of 2008, the TEA developed a new survey regarding the due process hearing program to be distributed to the parties at the conclusion of each hearing to provide in an effort to obtain additional feedback about the program and hearing officer performance. II. Explanation of Progress or Slippage The TEA continued to meet its target with regard to this indicator. Of the 31 cases that were fully adjudicated, 3 decisions were issued within the 45-day timeline and 28 were issued within an extended timeline. The TEA attributes its performance regarding this indicator, in part, to its ongoing emphasis to hearing officers that decisions must be issued within timelines. In addition, the TEA believes that the weekly docket updates that are sent to each hearing officer and the information that hearing officers may access through the Correspondence and Dispute Resolution Management System (CDRMS) help ensure that hearing officers meet the deadlines for their assigned cases. Part B State Annual Performance Report for FFY 2007 February 2, 2009 (OMB NO: 1820-0624 / Expiration Date: 08-31-2009) Page 94

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