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fostering educational excellence and ensuring equal access.

UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

APR 26, 2017

Honorable MaryEllen Elia

Commissioner

New York State Education Department

89 Washington Avenue

Albany, NY 12234

Dear Commissioner Elia:

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 a 

September 28- 30, 2016 visit to the New York State Education Department (NYSED). 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 students with disabilities. OSEP differentiates its approach for each 

State based on the State’s unique strengths, progress, challenges, and needs. 

With 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 for the fiscal year. The 

2016 DMS areas were: 1) Results; 2) Compliance; 3) Dispute Resolution (FFY 2015 Special 

Focus Area); and 4) Fiscal. 

On April 26, 2016, OSEP sent Ms. Patricia Geary, NYSED’s former director of special 

education, the DMS notice for New York, which provided a designation of universal, targeted, or 

intensive engagement in each of the four 2016 DMS areas. The information in the notice was 

based on FFY 2013 data in the four areas, along with information about the factors contributing 

to elevated needs, the support your State has accessed, your State’s capacity to improve results 

and compliance, and additional contextual information. We have attached a copy of the DMS 

notice for your convenience (Enclosure A.)
Page 2 - Chief State School Officer 

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

monitoring and support activities (Enclosure B.) If OSEP identified findings of noncompliance 

with IDEA requirements, you will find specific information, within the attachments for each 

DMS area, regarding the corrective actions the State must take to address the noncompliance. If 

you have any questions, please contact Leticia Braga, your OSEP State Lead, at 202-245-6793. 

Sincerely,

/s/

Ruth E. Ryder

Acting Director

Office of Special Education Programs 

Enclosures:

Enclosure A

Enclosure B

cc: State Director of Special Education