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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

NOV 29, 2017

Honorable Julia Keleher

Secretary

Puerto Rico Department of Education

P.O. Box 190759

San Juan, Puerto Rico 00919

Dear Secretary Keleher:

The purpose of this letter is to provide you a summary of the results of the monitoring 

and support activities conducted by the Office of Special Education Programs (OSEP) 

during an on-site visit the week of March 13, 2017 to the Puerto Rico Department of 

Education (PRDE). Participants during the visit included staff from the U.S. Department 

of Education (OSEP, Risk Management Services, and Office of Elementary and 

Secondary Education); PRDE (Offices of the Secretary, Special Education, 

Finance/Procurement, Federal Affairs, Academic Affairs; Regional Service Centers and 

Assistive Technology representatives; and PRDE consultants); the Puerto Rico 

Department of Health; and the National Center for Systemic Improvement (technical 

assistance provider).

In 2016, OSEP began providing differentiated monitoring and support (DMS) to States as 

part of its Results Driven Accountability (RDA) framework. Under RDA, OSEP made a 

shift from monitoring based solely on compliance to monitoring and support focused on 

both compliance and improving results for children and youth with disabilities. OSEP 

differentiates its approach for each State based on the State’s unique strengths, progress, 

challenges, and needs.

As part of the DMS process, OSEP conducts an organizational assessment (OA) of risk 

factors to identify States’ progress in meeting performance standards and complying with 

the requirements of Part B of the Individuals with Disabilities Education Act (IDEA) and 

its implementing regulations, the Education Department General Administrative 

Regulations, and the Uniform Administrative Requirements, Cost Principles, and Audit 

Requirements for Federal Awards. OSEP uses the information from the OA and an 

Engagement Decision Tree to make designations of universal, targeted, or intensive 

monitoring and support that a State will receive for the fiscal year. For 2016-2017, OSEP 

identified five areas for DMS: 1) results; 2) compliance; 3) State Systemic Improvement 

Plan (SSIP); 4) correctional education; and 5) fiscal.

On October 19, 2016, OSEP sent PRDE’s DMS notice to Carlos Rodriguez Beltran, the 

former IDEA Part B Special Education Director. That notice provided a designation of 

universal or intensive engagement for each of five areas OSEP identified for DMS. The 

information in the notice was based on Federal fiscal year (FFY) 2014 data in the 

corresponding five areas, along with information about the factors contributing to the 

elevated need for monitoring and support, the support the Commonwealth has accessed, 
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the Commonwealth’s capacity to improve results and compliance, and additional 

contextual information. The notice also identified the monitoring and support activities 

that would be carried out to address the factors contributing to the elevated need for 

monitoring and support in each of the areas that were designated for intensive 

engagement. We have attached a copy of the DMS notice for your convenience.

As part of its DMS activities, including the on-site monitoring and support visit, OSEP 

examined issues related to PRDE’s SSIP; compliance with IDEA requirements related to 

early childhood transition, dispute resolution, and the timely provision of assistive 

technology devices; and fiscal requirements related to IDEA, financial management 

generally, transportation contracts, and transportation for students in the Bayamon region.

Because PRDE’s failure to comply with these IDEA programmatic and fiscal 

requirements was addressed in the Special Conditions imposed on PRDE’s FFY 2016 

IDEA Part B grant award, OSEP’s monitoring activities focused on the progress PRDE 

had made towards meeting the Commonwealth’s FFY 2016 Special Conditions. Results 

data related to the graduation and drop out rate for children with disabilities submitted for 

FFY 2015 were not addressed during the on-site monitoring visit because the FFY 2015 

State Performance Plan/Annual Performance Report (SPP/APR), submitted on February 

1, 2017, was under review by OSEP staff at the time of the visit. 

Attached is a summary of the results of the specific areas that were the subject of OSEP’s

monitoring and support activities, including PRDE’s SSIP and compliance with the 

specific IDEA requirements identified above. Although OSEP also addressed the fiscal

issues identified in the FFY 2016 Special Conditions during the on-site visit, a summary 

of those discussions is not included in the attached summary, but was included in the 

Special Conditions attached to PRDE’s FFY 2017 IDEA Part B grant award.

OSEP will provide technical assistance (TA) to PRDE later this year during its monthly 

TA calls on improving its FFY 2015 SPP/APR data related to the graduation and dropout rate for children with disabilities. OSEP will also continue to provide ongoing TA to 

PRDE regarding its SSIP during its monthly TA calls. In addition, OSEP will monitor 

any potential impact of the ongoing fiscal issues on PRDE’s ability to meet its obligations 

under Part B of the IDEA, and remains available for TA as needed.

Finally, we recognize that the Commonwealth is under tremendous distress given the 

recent impact of the hurricanes, and that many staff resources at PRDE are dedicated to 

recovery efforts. We acknowledge that additional time may be needed to address some of 

the next steps outlined in the Enclosures. For the two areas in which OSEP identified 

noncompliance, we will work collaboratively with you to develop a corrective action plan 

and establish appropriate implementation timelines that take into consideration the 

Commonwealth’s need to prioritize its recovery efforts.
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We appreciate your efforts to improve results for children with disabilities. If you have 

any questions, please contact Lynne Fairfax, your OSEP State Lead, at 202-245-7337 or 

by electronic mail at lynne.fairfax@ed.gov.

Sincerely,

/s/

Ruth E. Ryder

Acting Director

Office of Special Education Programs 

cc: Eliezer Ramos Pares, Part B Director

Enclosures