400 MARYLAND AVE. S.W., WASHINGTON, DC 20202-2800

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.

DIRECTOR 

UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES 

OFFICE OF SPECIAL EDUCATION PROGRAMS 

December 21, 2023 

By Email

Honorable Betty A. Rosa 

Commissioner

New York State Education Department 

89 Washington Avenue 

Albany, New York 12234 

Email: commissioner@nysed.gov

Dear Commissioner Rosa: 

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 (the Department) Office of Special Education Programs (OSEP)

reported in the Differentiated Monitoring and Support (DMS) monitoring report to the New York State 

Education Department (NYSED), dated September 21, 2023. 

This letter is in response to the NYSED’s October 25, 2023, email to OSEP to address the corrective actions 

noted in OSEP’s September 21, 2023, DMS monitoring report. The findings and corrective actions in OSEP’s 

monitoring report were identified as a result of the DMS activities conducted by OSEP during its monitoring 

visit to the NYSED, which occurred in May 2022. 

The summary of monitoring priorities and outcomes chart, included in this letter, describes the monitoring 

component, finding, required actions, OSEP analysis, and status of finding(s) based on the evidence received by 

OSEP to date. 

OSEP will repost the September 21, 2032, DMS monitoring report with the following corrections: 

• Revision to the number of Special Education Quality Assurance Offices (SEQA) in the State from 16 to

seven (p. 4);

• Replacement of the word “monitoring” process with “determination” process under the annual

determination section (p. 6);

• Removal of text error in State complaint corrective actions section item number three to read “from”

(p. 12); and

• Removal of the statement, “only available in New York City,” and revised State regulation citation

(p. 14).

We appreciate your efforts to ensure compliance and improve results for children with disabilities. If you have 

any questions, please contact your OSEP State Lead. 
Page 2—Chief State School Officer

Sincerely,

Valerie C. Williams

Director

Office of Special Education Programs

cc: Part B Director
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SUMMARY OF MONITORING FINDINGS AND STATUS

MONITORING COMPONENT &

FINDING REQUIRED ACTIONS OSEP ANALYSIS AND COMMENTS NEXT STEPS/STATUS

Monitoring and Improvement

1.1 OSEP finds that the State

does not consider the 

following factors: (1) 

performance on compliance 

indicators; (2) valid and 

reliable data; (3) correction 

of identified noncompliance; 

and (4) other data available 

to the State about the local 

educational agency’s 

(LEA’s) compliance with the 

Individuals with Disabilities 

Education Act (IDEA), 

including any relevant audit 

findings, when making 

annual determinations about 

the performance of its LEAs

as required under 

34 C.F.R. §§ 300.600(a) and 

300.603(b)(1). 

Policies and Procedures—

within 90 days of the date of the 

DMS monitoring report the State 

must submit to OSEP: 

1. Updated policies and 

procedures for issuing annual 

IDEA determinations. These 

procedures must include the 

following factors: (1) 

performance on compliance 

indicators; (2) valid and 

reliable data; (3) correction 

of identified noncompliance; 

and (4) other data available 

to the State about the LEA’s 

compliance with the IDEA, 

including relevant audit 

findings. 

In an email to OSEP dated, October 25, 2023, 

the NYSED provided the following documents 

for review:

• Policy and Procedures on Compliance 

Indicators, and Policy, Procedures for 

needs intervention (NI) and needs 

assistance (NA) Districts, 

• Indicator 11 Verification and Follow-Up 

Review Manuals, 

• Indicator 12 Verification and Follow-Up 

Review Manuals, and 

• Policies and Procedures on compliance 

Indicators. 

OSEP previously reviewed and considered these 

documents while conducting its monitoring 

activities. The NYSED has not provided updated 

policies and procedures that include the 

consideration of other factors beyond a District 

being an Every Students Succeeds Act (ESSA) 

targeted district or a district having 

long-standing noncompliance. In New York, 

reporting on compliance indicators, for the State 

Performance Plan/Annual Performance Report 

(SPP/APR), is done annually for Indicators B-4, 

B-9, and B-10 by all LEAs and Indicators B-11, 

B-12, or B-13 on a 6-year LEA cycle. 

The NYSED does not consider performance on 

these compliance indicators within its local 

determination process unless an LEA reaches a 

designation of long-standing noncompliance, 

OPEN

OSEP reminds the 

NYSED that, as detailed

in OSEP’s September 

21, 2023, DMS 

monitoring report, the 

State must submit 

updated policies and 

procedures within 90 

days of the date of the 

report for the required 

actions under finding 

1.1. 
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which the NYSED defines as a period greater 

than 12 months for uncorrected noncompliance 

from issuance of a Corrective Action Plan 

(CAP). The NYSED must consider LEA 

performance on the SPP/APR compliance 

indicators annually when making IDEA 

determinations not just when an LEA has 

uncorrected noncompliance greater than a period 

of 12 months for these indicators. 

In its email dated October 25, 2023, the NYSED 

provided the Integrated Monitoring Policies and 

Procedures document. OSEP reviewed this 

document during its monitoring activities

including the activities from the document 

provided in the October 25, 2023, email listed 

as: 

• Coordinated Intervention Districts

• SPP Compliance Indicators 4, 9, 10 and 

Significant Disproportionality

• SPP Compliance Indicators 11,12, and 

13 

• Stakeholder Concerns and/or State 

Complaint

• Investigations 

• Special Education Due Process

• Districts that Exceed 1percent on New 

York State Alternate Assessment

• Services Provided by Approved Private 

School-age Programs Serving Students 

with Disabilities and Preschool Special 

Education Programs 

• Approved Special Education Program 

Applications
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• Office of Children and Family Services

Reviews

• Justice Center Activities

• Class Size Variances; and

• IDEA Subrecipient Monitoring

While OSEP recognizes these activities, the 

NYSED has not provided policies, procedures, 

or evidence of how the Integrated Monitoring 

Policies and Procedures are implemented, how 

activities other than those for SPP/APR data 

reporting are chosen, or how these activities are 

considered in the IDEA determination process, 

beyond LEAs with uncorrected noncompliance 

in excess of 12 months. 

Subsequent review of the submitted documents 

and additional information provided by the 

NYSED does not include updated policies and 

procedures for issuing annual IDEA 

determinations. These procedures must include 

the following factors: (1) performance on 

compliance indicators; (2) valid and reliable 

data; (3) correction of identified noncompliance; 

and (4) other data available to the State about the 

LEA’s compliance with the IDEA, including 

relevant audit findings. The finding remains 

open. 

Monitoring and Improvement

1.1 OSEP finds that the State

does not consider the 

following factors: (1) 

performance on compliance 

indicators; (2) valid and 

Evidence of Implementation—

as soon as possible, but no later 

than one year from the date of 

the DMS monitoring report: 

1. The State’s IDEA annual 

LEA determinations with any 

In an email to OSEP dated, October 25, 2023, 

the NYSED did not submit evidence of 

implementation to address this finding.

OPEN

OSEP reminds the 

NYSED that, as detailed 

in OSEP’s September 

21, 2023, DMS 

monitoring report, the 
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reliable data; (3) correction 

of identified noncompliance; 

and (4) other data available 

to the State about the LEA’s 

compliance with IDEA, 

including any relevant audit 

findings, when making 

annual determinations about 

the performance of its LEAs

as required under 

34 C.F.R. §§ 300.600(a) and 

300.603(b)(1). 

underlying protocols or 

rubrics that were used in 

completing the 

determinations.

State must submit 

evidence of 

implementation as soon 

as possible, but no later 

than one year from the

date of the DMS 

monitoring report.

Monitoring and Improvement

1.2 OSEP finds that the State

does not have a general 

supervision system that is 

reasonably designed to 

identify and verify correction 

of noncompliance in a timely 

manner using its different 

components, as required 

under 34 C.F.R. §§ 300.149 

and 300.600 through 

300.602. 

Policies and Procedures—

within 90 days of the date of the 

DMS monitoring report the State 

must submit to OSEP: 

2. Updated policies and 

procedures, documenting its 

process for identifying and 

verifying correction of 

noncompliance in a timely 

manner. 

In an email to OSEP dated, October 25, 2023, 

the NYSED provided the following documents 

for review:

• Policy and Procedures on Compliance 

Indicators, and Policy, Procedures for 

needs intervention (NI) and needs 

assistance (NA) Districts, 

• Procedures for the Resolution of 

Noncompliance for School Districts and 

Non-district Programs. 

OSEP previously reviewed and discussed these 

documents during monitoring activities with the 

NYSED. OSEP is aware that the activities being 

conducted by SEQA staff serve different 

purposes under the Support Plan development 

and Coordinated Intervention District Modules. 

However, the documents provided do not 

address how findings of noncompliance are 

made when SEQA staff are conducting root 

OPEN

OSEP reminds the 

NYSED that, as detailed 

in OSEP’s September 

21, 2023, DMS 

monitoring report, the 

State must submit 

updated policies and 

procedures within 90 

days of the date of the 

report for the required 

actions under finding 

1.2.
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cause analysis, implementing a focused module 

activity, or reviewing redacted student records. 

Subsequent review of the submitted documents, 

information provided by the NYSED, and

information provided for consideration under 

finding 1.1, does not include updated policies 

and procedures, documenting the process for 

identifying and verifying correction of 

noncompliance in a timely manner. The finding 

remains open. 

Monitoring and Improvement

1.2 OSEP finds that the State

does not have a general 

supervision system that is 

reasonably designed to 

identify and verify correction 

of noncompliance in a timely 

manner using its different 

components, as required 

under 34 C.F.R. §§ 300.149 

and 300.600 through 

300.602. 

Evidence of Implementation—

as soon as possible, but no later 

than one year from the date of 

the DMS monitoring report: 

2. Evidence of implementation 

of the State’s revised 

monitoring policies and 

procedures such as, 

notification letters, tools to 

conduct the monitoring, 

monitoring reports, letters of 

findings, root cause analysis, 

technical assistance, 

examples of finding closeout and verification of 

correction, or other 

supporting documentation. 

In its October 25, 2023, email to OSEP, the 

NYSED did not submit evidence of 

implementation to address this finding.

OPEN

OSEP reminds the 

NYSED that, as detailed 

in OSEP’s September 

21, 2023, DMS 

monitoring report, the 

State must submit 

evidence of 

implementation as soon 

as possible, but no later 

than one year from the 

date of the DMS 

monitoring report.

Dispute Resolution: State 

Complaints

2.1 OSEP finds that the State

does not have reasonable 

Policies and Procedures—

within 90 days of the date of the 

DMS monitoring report the State 

must submit to OSEP: 

In its October 25, 2023, email to OSEP, the 

NYSED did not submit policies and procedures 

to address this finding.

OPEN

OSEP reminds the 

NYSED that, as detailed 

in OSEP’s September 
OSEP DMS STATUS REPORT DECEMBER 2023

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procedures in place to ensure 

that State complaints held in 

abeyance pending a due 

process hearing decision are 

properly resolved under 

34 C.F.R. §§ 300.151 and 

300.152(c). The practice of 

requiring parents to raise the 

unresolved issue with the 

State is inconsistent with the 

requirements in 

34 C.F.R. § 300.152(c), as 

the State must have 

procedures in place to ensure 

that State complaints that are 

set aside are ultimately 

resolved, if the issues were 

not resolved in the due 

process hearing. 

1. Updated policies and 

procedures documenting the 

State’s process to resolve any 

issues in a State complaint 

the State set aside under 

34 C.F.R. § 300.152(c) 

because they had also been 

raised in a due process 

hearing request but were not 

ultimately addressed in the 

final due process hearing 

decision. Specifically, the 

revised policies and 

procedures must:

a. Accurately reflect the SEA’s 

obligation to ensure that 

State complaints held in 

abeyance pending a due 

process hearing decision are 

properly resolved under 

34 C.F.R. §§ 300.151 and 

300.152(c); 

21, 2023, DMS 

monitoring report, the

State must submit 

updated policies and 

procedures within 90 

days of the date of the 

report for the required 

actions under finding 

2.1.

Dispute Resolution: State 

Complaints

2.1 OSEP finds that the State

does not have reasonable 

procedures in place to ensure 

that State complaints held in 

abeyance pending a due 

process hearing decision are 

properly resolved under 

34 C.F.R. §§ 300.151 and 

Evidence of Implementation—

as soon as possible, but no later 

than one year from the date of 

the DMS monitoring report: 

1. Evidence that reflects the 

revised procedures for all 

State complaints received 

after the date of this letter in 

which a due process hearing 

has also been requested, 

In its October 25, 2023, email to OSEP, the 

NYSED did not submit evidence of 

implementation to address this finding.

OPEN

OSEP reminds the 

NYSED that, as detailed 

in OSEP’s September 

21, 2023, DMS 

monitoring report, the 

State must submit 

evidence of 

implementation as soon 

as possible, but no later 
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300.152(c). The practice of 

requiring parents to raise the 

unresolved issue with the 

State is inconsistent with the 

requirements in 

34 C.F.R. § 300.152(c), as 

the State must have 

procedures in place to ensure 

that State complaints that are 

set aside are ultimately 

resolved, if the issues were 

not resolved in the due 

process hearing. 

including a copy of the 

notification issued to all 

LEAs, parent advocacy 

groups, and other interested 

parties advising them of the 

State’s responsibility to 

comply with all applicable 

IDEA Part B complaint 

resolution procedures in 

34 C.F.R. §§ 300.151through 

300.153, including the State 

complaint set aside 

provisions; 

2. Documentation 

demonstrating the 

mechanism used by the State 

to track the resolution of 

State complaints that are set 

aside because of pending due 

process hearings.

than one year from the 

date of the DMS 

monitoring report.

Dispute Resolution: State 

Complaints

2.2 OSEP finds that the State

does not ensure that State 

complaints, which allege a 

violation that occurred not 

more than one year prior to 

the date that the complaint is 

received, are ultimately 

investigated and resolved as 

required under 

34 C.F.R. § 300.152(c). The 

State’s practice of not 

Policies and Procedures—

within 90 days of the date of the 

DMS monitoring report the State 

must submit to OSEP:

1. Updated policies and 

procedures documenting the 

State’s process to resolve any 

issues in a State complaint 

the State set aside under 

34 C.F.R. § 300.152(c) 

because they had also been 

raised in a due process 

hearing request but were not 

In its October 25, 2023, email to OSEP, the 

NYSED did not submit policies and procedures 

to address this finding.

OPEN

OSEP reminds the 

NYSED that, as detailed 

in OSEP’s September 

21, 2023, DMS 

monitoring report, the 

State must submit 

updated policies and 

procedures within 90 

days of the date of the 

report for the required 
OSEP DMS STATUS REPORT DECEMBER 2023

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investigating timely State 

complaints that have been set 

aside because of a pending 

due process hearing on the 

basis that the statute of 

limitations had expired 

during the pending due 

process hearing is 

inconsistent with IDEA.

ultimately addressed in the 

final due process hearing 

decision. Specifically, the 

revised policies and 

procedures must: 

b. Ensure that State complaints, 

which allege a violation that 

occurred not more than one 

year prior to the date that the 

complaint is received, are 

ultimately investigated and 

resolved as required under 

34 C.F.R. § 300.152(c), 

regardless of when the 

pending due process hearing 

decision is issued.

actions under finding 

2.2.

Dispute Resolution: State 

Complaints

2.2 OSEP finds that the State

does not ensure that State 

complaints, which allege a 

violation that occurred not 

more than one year prior to 

the date that the complaint is 

received, are ultimately 

investigated and resolved as 

required under 

34 C.F.R. § 300.152(c). The 

State’s practice of not 

investigating timely State 

complaints that have been set 

aside because of a pending 

Evidence of Implementation—

as soon as possible, but no later 

than one year from the date of 

the DMS monitoring report: 

3. Documentation of State 

complaints filed from school 

year 2021-2022 to the date of 

this letter that were set aside 

because the issue also was 

raised in a due process 

hearing request. NYSED 

must determine whether 

those State complaints were 

properly resolved. 

4. Documentation for set aside 

State complaints that were 

In its October 25, 2023, email to OSEP, the 

NYSED did not submit evidence of 

implementation to address this finding.

OPEN

OSEP reminds the 

NYSED that, as detailed 

in OSEP’s September 

21, 2023, DMS 

monitoring report, the 

State must submit 

evidence of 

implementation as soon 

as possible, but no later 

than one year from the 

date of the DMS 

monitoring report.
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due process hearing on the 

basis that the statute of 

limitations had expired 

during the pending due 

process hearing is 

inconsistent with IDEA.

filed from school year 2021-

2022 to the date of this letter 

and were not properly 

resolved, which shows that 

NYSED retroactively sought 

the complainant’s permission 

to either formally withdraw 

the complaint or to reopen 

the complaint and issue a 

decision in accordance with 

the requirements in 

34 C.F.R. §§ 300.151 and 

300.152(c). 

Dispute Resolution: Due 

Process Hearings

3.1 OSEP finds that the State

does not ensure that public 

agencies issue timely due 

process hearing decisions as 

required in 

34 C.F.R. § 300.515. Over 

50% of the open cases 

against the NYCPS are 

beyond the 45-day or 

properly extended timeline 

for the issuance of a 

decision. In addition, 

NYCPS continues to receive 

over 10,000 new due process 

hearings each year which 

compounds this backlog.

Policies and Procedures—

within 90 days of the date of the 

DMS monitoring report the State 

must submit to OSEP: 

1. Quarterly dispute resolution 

data from NYCPS, which 

will be publicly reported, and 

include: 

a. The total number of pending 

due process hearings in 

NYCPS.

b. Of the total provided in (a), 

the current number of 

pending due process hearings 

that are overdue. 

c. Of the total provided in (a), 

the number of new hearing 

requests received within the 

last reporting period.

In its October 25, 2023, email to OSEP, the 

NYSED did not submit policies and procedures 

to address this finding.

OPEN

OSEP reminds the 

NYSED that, as detailed 

in OSEP’s September 

21, 2023, DMS 

monitoring report, the 

State must submit 

updated policies and 

procedures within 90 

days of the date of the 

report for the required 

actions under finding 

3.1.
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d. Of the total provided in (a), 

the number of hearing 

requests received that have 

not been assigned a hearing 

officer.

e. Of the total provided in (a), 

the number of hearing 

requests filed under State law 

rather than IDEA.

f. The number of due process 

hearing requests resolved by 

NYCPS during the most 

recent reporting period. 

Please provide the number of 

hearing requests resolved 

through mediation, resolution 

meeting, settlement 

agreements, withdrawals, 

dismissals, and hearing 

officer decisions.

g. Of the total provided in (e), 

the number of hearing 

requests resolved within the 

required timelines.

h. Of the total provided in (e), 

the number of hearing 

requests resolved within 

extended timelines.

i. The range of days the due 

process hearing requests that 

have not been resolved in a 

timely manner are overdue.

j. For due process hearing 

requests that were not 
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resolved in a timely manner, 

provide: 

i. The reasons for the 

delay (e.g., hearing 

officer assignment, 

pendency request, etc.); 

and 

ii. The number of due 

process hearing requests 

that are overdue for each 

reason identified. 

Dispute Resolution: Due 

Process Hearings

3.1 OSEP finds that the State

does not ensure that public 

agencies issue timely due 

process hearing decisions as 

required in 

34 C.F.R. § 300.515. Over 

50% of the open cases 

against the NYCPS are 

beyond the 45-day or 

properly extended timeline 

for the issuance of a 

decision. In addition, the 

NYCPS continues to receive 

over 10,000 new due process 

hearings each year which 

compounds this backlog.

Evidence of Implementation—

as soon as possible, but no later 

than one year from the date of 

the DMS monitoring report: 

1. Evidence of the State’s 

tracking mechanism and 

monitoring activities which 

ensure due process hearing 

decisions are being 

implemented in a timely 

manner. 

In its October 25, 2023, email to OSEP, the 

NYSED did not submit evidence of 

implementation to address this finding.

OPEN

OSEP reminds the 

NYSED that, as detailed 

in OSEP’s September 

21, 2023, DMS 

monitoring report, the 

State must submit 

evidence of 

implementation as soon 

as possible, but no later 

than one year from the 

date of the DMS 

monitoring report.
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Dispute Resolution: Due 

Process Hearings

3.2 OSEP finds that the State, as 

required under 

34 C.F.R. § 300.504(c), does 

not ensure adequate written 

notice to parents regarding 

the differences in the rights 

for IDEA due process 

hearings as compared to the 

rights afforded to parents 

who elect to participate in the 

accelerated review process 

including the IDEA due 

process rights that parents 

forfeit if they participate in 

the accelerated review 

process.

Policies and Procedures—

within 90 days of the date of the 

DMS monitoring report the State 

must submit to OSEP: 

2. Ensure that the PSN 

provided to parents of 

children in the NYCPS 

includes a description of the 

differences between the 

rights under the accelerated 

review process and the IDEA 

due process hearing rights 

and those hearing rights that 

parents would forfeit if they 

participate in the accelerated 

review process. 

In its October 25, 2023, email to OSEP, the 

NYSED did not submit policies and procedures 

to address this finding.

OPEN

OSEP reminds the 

NYSED that, as detailed 

in OSEP’s September 

21, 2023, DMS 

monitoring report, the 

State must submit 

updated policies and 

procedures within 90 

days of the date of the 

report for the required 

actions under finding 

3.2.

Dispute Resolution: Due 

Process Hearings 

3.2 OSEP finds that the State, as 

required under 

34 C.F.R. § 300.504(c), does 

not ensure adequate written 

notice to parents regarding 

the differences in the rights 

for IDEA due process 

hearings as compared to the 

rights afforded to parents 

who elect to participate in the 

accelerated review process 

including the IDEA due 

Evidence of Implementation—

as soon as possible, but no later 

than one year from the date of 

the DMS monitoring report: 

2. Evidence that the PSN for 

NYCPS includes a full 

explanation of the 

differences between a due 

process hearing and an 

accelerated review process, 

including those hearing 

rights that parents would 

forfeit. 

In its October 25, 2023, email to OSEP, the 

NYSED did not submit evidence of 

implementation to address this finding.

OPEN

OSEP reminds the 

NYSED that, as detailed 

in OSEP’s September 

21, 2023, DMS 

monitoring report, the 

State must submit 

evidence of 

implementation as soon 

as possible, but no later 

than one year from the 

date of the DMS 

monitoring report.
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process rights that parents 

forfeit if they participate in 

the accelerated review 

process.

Dispute Resolution: Due 

Process Hearings

3.3 OSEP finds that the State

does not have mechanisms in 

place to ensure due process 

hearing decisions are 

implemented within the 

timeframe prescribed by the 

hearing officer, or if there is 

no timeframe prescribed by 

the hearing officer, within a 

reasonable time set by the 

State as required under 

34 C.F.R. §§ 300.511through 

300.514, 300.149, and 

300.600. The NYSED, as the 

SEA, is ultimately 

responsible for ensuring 

hearing officer decisions are 

implemented in a timely 

manner and must have a 

mechanism in place to track 

the implementation of these 

decisions. 

Policies and Procedures—

within 90 days of the date of the 

DMS monitoring report the State 

must submit to OSEP: 

3. Revised policies and 

procedures which 

demonstrate that the State 

has a mechanism to:

a. Track the implementation 

of the due process hearing 

decisions; and 

b. Monitor LEAs to ensure 

due process hearing 

decisions are implemented 

within the timeframe 

prescribed by the hearing 

officer, or if there is no 

timeframe prescribed by 

the hearing officer, within a 

reasonable timeframe set 

by the State in accordance 

with the requirements in 

34 C.F.R. §§ 300.511 

through 300.514, 300.149, 

and 300.600. 

In its October 25, 2023, email to OSEP, the 

NYSED did not submit policies and procedures 

to address this finding.

OPEN

OSEP reminds the 

NYSED that, as detailed 

in OSEP’s September 

21, 2023, DMS 

monitoring report, the 

State must submit 

updated policies and 

procedures within 90 

days of the date of the 

report for the required 

actions under finding 

3.3.
OSEP DMS STATUS REPORT DECEMBER 2023

NEW YORK- PART B | 16 

MONITORING COMPONENT &

FINDING REQUIRED ACTIONS OSEP ANALYSIS AND COMMENTS NEXT STEPS/STATUS

Dispute Resolution: Due 

Process Hearings

3.3 OSEP finds that the State

does not have mechanisms in 

place to ensure due process 

hearing decisions are 

implemented within the 

timeframe prescribed by the 

hearing officer, or if there is 

no timeframe prescribed by 

the hearing officer, within a 

reasonable time set by the 

State as required under 

34 C.F.R. §§ 300.511through 

300.514, 300.149, and 

300.600. The NYSED, as the 

SEA, is ultimately 

responsible for ensuring 

hearing officer decisions are 

implemented in a timely 

manner and must have a 

mechanism in place to track 

the implementation of these 

decisions. 

Evidence of Implementation—

as soon as possible, but no later 

than one year from the date of 

the DMS monitoring report: 

1. Evidence of the State’s 

tracking mechanism and 

monitoring activities which 

ensure due process hearing 

decisions are being 

implemented in a timely 

manner. 

In its October 25, 2023, email to OSEP, the 

NYSED did not submit evidence of 

implementation to address this finding.

OPEN

OSEP reminds the 

NYSED that, as detailed 

in OSEP’s September 

21, 2023, DMS 

monitoring report, the 

State must submit 

evidence of 

implementation as soon 

as possible, but no later 

than one year from the 

date of the DMS 

monitoring report.