Michigan Resolution Efforts Recognized by ED

States Report 74 Percent Mediation Success Rate

Special education mediation achieved an average 74 percent agreement rate nationally in the 2004-2005 school year, according to a study released by the Consortium for Appropriate Dispute Resolution in Special Education (CADRE). CADRE reviewed data from 60 entitles: the 50 states, Washington, D.C., the Bureau of Indian Affairs, five outlying areas and Freely Associated States. All are referred to as “states” in the report. Fifty-three of the 60 states reported a total of 7,295 mediations resulting in 5,382 agreements for a 74 percent agreement rate. Michigan’s MSEMP posted a 73 percent mediation agreement rate for the period. For the 2005-2006 school year the Michigan rate was 88 percent. For more information, visit www.directionservice.org/cadre.

The Michigan Department of Education Office of Special Education and Early Intervention Services (MDE-OSE/EIS) received recognition from the U.S. Department of Education (ED). Michigan has been cited as one of nine states to meet federal standards for implementing Part B of the IDEA in Federal Fiscal Year 2005. Part B governs special education for children and young adults age 3 to 21.

The DOE’s Office of Special Education Programs (OSEP) determined that the Michigan Department of Education (MDE) met or achieved progress toward targets for due process complaints, mediation and state complaints.

Federal law requires that due process complaints be completed within 45 days unless the timeline is properly extended. Michigan targeted and completed 100 percent of complaints within the timelines.

Federal law similarly requires that state complaints be resolved within 60 days unless the timeline is properly extended. The MDE targeted 100 percent and resolved 99 percent of complaints within that timeframe.

The MDE pledged to have 74 percent of special education mediations result in agreements during Federal Fiscal Year 2005. MDE exceeded its target as 88 percent of mediations reached agreement.

Michigan’s general supervision system, which oversees due process and state complaints, met its target of identifying and correcting noncompliance within one year of identification 100 percent of the time.

The OSEP said it considered several factors in determining state IDEA compliance:

• The state’s Annual Performance Report and State Performance Plan;
• Data validity and reliability for measuring performance indicators; and
• Demonstrated compliance, timely corrected noncompliance or progress over previous years in areas short of compliance.