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www.ed.gov 

The Department of Education’s mission is to promote student achievement and preparation for global competitiveness

by fostering educational excellence and ensuring equal access. 

UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

OFFICE OF SPECIAL EDUCATION PROGRAMS

 December 13, 2022 

 

Honorable Molly Magarik

Cabinet Secretary

Delaware Department of Health and Social Services 

Division of Public Health 

Herman Holloway Administration Building 

1901 N. DuPont Highway 

New Castle, Delaware 19720

molly.magarik@delaware.gov

Dear Secretary Magarik:

This letter addresses the Delaware Department of Health and Social Services’ (DHSS) 

submissions in response to the U.S. Department of Education’s (Department), Office of Special 

Education Programs’ (OSEP) January 19, 2021, monitoring letter. OSEP’s January 19, 2021, 

monitoring letter required DHSS to implement corrective actions to address noncompliance with 

the Individuals with Disabilities Education Act (IDEA) Part C requirements as identified through 

OSEP’s Differentiated Monitoring and Support (DMS) activities conducted with DHSS’s 

Delaware Birth to Three Early Intervention Program. 

Specifically, OSEP’s 2021 monitoring letter found that DHSS failed to:

1. Have a single line of responsibility within its department reasonably designed to ensure 

the general administration and supervision of programs and activities administered by its 

components and Early Intervention programs under IDEA Part C, consistent with IDEA 

Sections 635(a)(10) and 34 C.F.R. § 303.120(a)(1). 

2. Have a system reasonably designed to monitor its Early Intervention programs and Early 

Intervention service providers to ensure compliance with IDEA Part C of the Act, as 

required under IDEA Sections 616(a), 635(a)(10) and 642 and 34 C.F.R. §§ 

303.120(a)(2) and 303.700(a) and (b). Specifically, the DHSS did not have a monitoring 

system reasonably designed to identify, correct, and report findings of noncompliance. 

3. Provide IDEA Part C services in a timely manner as required by 34 C.F.R. §§ 303.342(e) 

and 303.344(f)(1) and the State consistently reported a low level of compliance under its 

State Performance Plan/Annual Performance Report Indicator 1 for five reporting years. 
Page 2 – Lead Agency Director

In response to OSEP’s 2021 DMS monitoring report; DHSS submitted the following reports and 

supporting documents: 

 Birth to Three’s Early Intervention Program Policies and Procedures Manual (Manual) on 

September 23, 2020; 

 DHSS Corrective Action Plan on April 23, 2021; 

 Updated Indicator 1 (timely early intervention services) Compliance Reports on April 27, 

2021, and June 21, 2021. 

 Delaware Part C’s Birth to Three’s Early Intervention Manual revisions on July 26, 2021; 

 Part C Transition Memorandum of Understanding on Early Childhood Transition and 

section 19 of the Manual on November 19, 2021; 

 DHSS Process for Monitoring Compliance with IDEA Part C Requirements, on May 7, 

2021; and 

 Updated DMS report on September 16, 2022. 

OSEP has determined that DHSS has resolved the three findings (findings 1, 2 and 3 above) and 

no further action is required from the State. 

OSEP appreciates DHSS’s cooperation and the State’s efforts to improve results for 

infants and toddlers with disabilities. If you have any questions, please contact Jennifer 

Miley, your OSEP State Lead, at Jennifer.Miley@ed.gov. 

 

 Sincerely,

Valerie Williams

Director

Office of Special Education Programs 

Cc: Lisa Henry

Christina Farmer

Nicole Topper 

Marcus Hedrick