Indicator 13: Percent of mediations held that resulted in mediation agreements.

Overview of the State Performance Plan Development: See Indicator 1 for a description of this process.

(The following items are to be completed for each monitoring priority/indicator.)

Monitoring Priority Effective General Supervision Part C / General Supervision
Indicator 13 Percent of mediations held that resulted in mediation agreements.
(20 U.S.C. 1416(a)(3)(B) and 1442)
Measurement Percent = (2.1(a)(i) + 2.1(b)(i)) divided by (2.1) times 100.

Overview of Issue/Description of System or Process:

Mediation is an alternative to the more formal and adversarial administrative proceeding. Mediation must be voluntary and freely agreed to by the parties who are in dispute (the family, the local provider, the CFC and/or the lead agency). Parents and the parties with whom they are disputing are not required to use mediation. Mediation may not be used to deny or delay your right to a hearing or other rights under Part C or IDEA.

Mediation must be conducted by a qualified impartial mediator trained in effective mediation techniques. The mediator may only help the parties communicate and come to agreement but may not force or order a resolution of the dispute. The State must bear the cost of the mediation process. Each session in the mediation shall be scheduled in a timely manner and held in a location convenient to the parties. Any agreement reached must be set forth in a written mediation agreement.

Discussions that occur during mediation shall be confidential and may not be used in subsequent administrative or court hearings.

Parents are informed of the process described above in the STATE OF ILLINOIS

INFANT/TODDLER & FAMILY RIGHTS UNDER IDEA FOR THE EARLY INTERVENTION SYSTEM booklet. This booklet is given to parents at intake, when services are changed or discontinued, when a child is found ineligible at the annual determination, and upon request. The document is also available on the DHS/Early Intervention web site. Parent may use forms made available by CFC staff to initiate 1) administrative resolution of a complaint by an impartial hearing officer, 2) investigation of a state complaint, and 3) mediation. These forms are also available to the public on the Early Intervention Monitoring Program's web site.

A Bureau of Early Intervention staff person is assigned a mediation request as it is identified and follows the mediation process through the completion of resolution steps. The Chief of the Bureau of Early Intervention assigns and monitors these activities and identifies issues and tends that need to be addressed systemically.

Baseline Data for FFY 2004 (2004-2005):

Total Number of: 7/1/04-6/30/05 7/1/03-6/30/04 7/1/02-6/30/03 7/1/01-6/30/02

Complaints 29 6 3 11

Mediation Requests 0 3 1 40

Hearing Requests 0 1 2 16

 7/1/04-6/30/05 7/1/03-6/30/04

Percent of mediations held that resulted in mediation agreements. No mediations were requested. 33%

Discussion of Baseline Data

As you can see from the above data, complaints, rather than mediation or hearings, have been used by families to resolve issues with the system.

FFY Measurable and Rigorous Target
 2005
(2005-2006) 
90 percent of mediations held will result in mediation agreements.
2006
(2006-2007) 
91 percent of mediations held will result in mediation agreements.
2007
(2007-2008)
92 percent of mediations held will result in mediation agreements.
2008
(2008-2009) 
93 percent of mediations held will result in mediation agreement.
2009
(2009-2010)
94 percent of mediations held will result in mediation agreement.
2010
(2010-2011)
95 percent of mediations held will result in mediation agreement.
2011
(2011-2012)
95 percent of mediations held will result in mediation agreement.
2012
(2012-2013) 
95 percent of mediations held will result in mediation agreement.

Since baseline data and data for subsequent years included less than 10 mediations per year, it did not seem reasonable to continue to propose targets, as they probably should not have initially been established. It was not clear if OSEP would allow this change. As a result, it was determined to keep the 2011 and 2012 target values at the FFY2010/SFY2011 level of 95%.

Improvement Activities/Timelines/Resources

  • Two new staff joined the Bureau of Early Intervention in May 2005, with the addition of a third staff person in July 2005. The additional staff resources brings the Bureau to its full staffing level (9 staff) and will improve the Bureau's efforts in providing timely resolution of mediation requests.
  • Staff will continue to ensure that due process hearing will be fully adjudicated within the applicable timeframes.

The improvement activities described in the SPP are ongoing efforts.