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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

DIRECTOR

November 6, 2023

By Email

Honorable Joseph A. Ladapo 

State Surgeon General 

Florida Department of Health 

4052 Bald Cypress Way 

Tallahassee, FL 32399 

Email: joseph.ladapo@flhealth.gov

Dear Dr. Ladapo:

The purpose of this letter is to provide an update on the status of the findings and corrective actions identified 

by the U.S. Department of Education’s Office of Special Education Programs (OSEP), as reported in the 

Differentiated Monitoring and Support (DMS) report (monitoring report) sent to the Florida Department of 

Health (FDOH) on January 19, 2021.

Specifically, OSEP’s January 19, 2021, monitoring report identified three findings of noncompliance with the 

Individuals with Disabilities Education Act (IDEA) Part C requirements and found that FDOH failed to:

1. Provide all early intervention services as identified on the individualized family service plan (IFSP) of 

infants and toddlers with disabilities in a timely manner and ensure early intervention services are 

individualized to meet the needs of the child and family as determined by the IFSP team as required by 

IDEA Sections 635 and 636, as well as 34 C.F.R. §§ 303.12, 303.342, 303.343, and 303.344(d).

2. Monitor its Local Early Steps (LES) early intervention service programs for compliance as required by 

IDEA Section 635(a)(10) and 34 C.F.R. § 303.120(a) for the fiscal requirements including the statewide 

system of payments policy and payor of last resort requirements in IDEA Section 640 and 

34 C.F.R. §§ 303.510(b), 303.520, and 303.521; and 

3. Ensure that the State has a methodology, including policies and procedures, to track all State and local 

public funding sources to enable the State to ensure compliance with the IDEA Part C Maintenance of 

Effort (MOE) requirements in 34 C.F.R. § 303.225(b). 

OSEP’s January 19, 2021, monitoring report also required FDOH to provide OSEP with a corrective action plan

(CAP), including timelines and evidence of implementation, within 90 days of OSEP’s monitoring report that:

1. Includes revised monitoring procedures to review whether early intervention services on the initial IFSP 

are individualized and meet the unique needs of the child and family as determined by the IFSP team; 

2. Includes revised monitoring procedures to reflect the IDEA Part C fiscal requirements for (a) payor of 

last resort and (b) system of payments; and 
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3. Includes revised policies and procedures to ensure that the State has a methodology to track all State and 

local public funding sources to enable it to ensure compliance with the IDEA Part C MOE requirements. 

On April 19, 2021, FDOH submitted its CAP of which OSEP approved in a November 1, 2021, Memo to the 

State. Additionally, OSEP’s Memo required FDOH to provide OSEP with evidence of implementation of the 

activities described in its CAP that demonstrates the State has corrected the three findings of noncompliance 

identified in OSEP’s January 19, 2021, monitoring report. 

In letters dated November 1, 2022, and February 27, 2023, FDOH responded to the findings of noncompliance

identified by OSEP and provided evidence of implementation of the corrective actions taken to address the 

noncompliance including (but not limited to):

• Revised programmatic monitoring procedures and protocols to address oversight of individualized 

service delivery decisions.

• Revised fiscal monitoring procedures and protocols, to address LES compliance with its statewide 

system of payments policy and payor of last resort requirements. 

• Evidence of implementation of its programmatic and fiscal monitoring to address the areas identified in 

OSEP’s monitoring report, including the results of the State’s monitoring. 

• The State’s proposed methodology for tracking compliance with IDEA Part C MOE requirements 

including the mechanism it intends to use for tracking funding sources.

FDOH also reported on the status of its data system and continues to provide OSEP with progress updates on 

scheduled monthly calls. Additionally, FDOH reported on the technical assistance (TA) activities it has engaged 

in as result of the noncompliance identified as well as the related professional development activities and TA 

the State has provided to its LES programs. 

Based upon analysis of evidence submitted by FDOH, OSEP has determined that the State has taken the 

necessary steps to address and resolve the findings of noncompliance and the required corrective actions 

outlined in OSEP’s January 21, 2019, monitoring report. 

We appreciate your efforts to improve results for infants and toddler with disabilities and their families. If you 

have any questions, please contact your OSEP State Lead, Susan Kauffman, via email at 

susan.kauffman@ed.gov.

Sincerely,

Valerie C. Williams

Director

Office of Special Education Programs

cc: Jessica Meyer 

Early Steps Program Administrator

Part C Coordinator

jessica.meyer@flhealth.gov