U.S. Department of Education Closes New York State Education Department Corrective Actions, But Says Future Monitoring Will Continue
More than two years after U.S. Department of Education identified seven IDEA noncompliance findings in 2023, it says NYSED has finally satisfied all original corrective actions.
May 6, 2026, U.S. Department of Education’s Office of Special Education Programs (OSEP) issued a Differentiated Monitoring and Support (DMS) close-out letter to New York State Education Department (NYSED).
OSEP stated that the purpose of the letter was to provide an update on the required actions identified in OSEP’s September 21, 2023, DMS monitoring report. The May 2026 letter responded to documents NYSED submitted to OSEP in 2023, 2024, 2025, and 2026. OSEP determined that NYSED “satisfied all of the original required actions” from the September 2023 monitoring report.
So Much for Deadlines . . .
The 2023 DMS report required NYSED to submit revised policies and procedures within 90 days and evidence of implementation as soon as possible, but no later than one year from the date of the monitoring report. OSEP did not close all of the findings until May 6, 2026. The close-out letter states that NYSED continued submitting documents to OSEP in 2025 and 2026. The letter does not identify any penalty or sanction tied to the missed original deadlines.
The 2023 DMS report identified the following findings of IDEA Part B noncompliance:
“Monitoring and Improvement
“1.1 OSEP finds that NYSED 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 LEA’s compliance with IDEA, including any relevant audit findings, when making annual determinations about the performance of its LEAs.
“1.2 OSEP finds that NYSED 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.
“Dispute Resolution: State Complaints
“2.1 OSEP finds that NYSED does not have reasonable procedures to ensure that State complaints held in abeyance pending a due process hearing decision are properly resolved. 34 C.F.R. §§ 300.151 and 300.152(c).
“2.2 OSEP finds that NYSED 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).
“Dispute Resolution: Due Process Hearings
“3.1 OSEP finds that the NYSED does not ensure that public agencies issue timely due process hearing decisions as required in 34 C.F.R. § 300.515.
“3.2 OSEP finds that NYSED does not provide adequate written notice to parents regarding the differences in the rights afforded to parents in 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. 34 C.F.R. § 300.504(c).
“3.3 OSEP finds that NYSED 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 IDEA, as required in 34 C.F.R §§ 300.511through 300.514, 300.149, and 300.600.”
What the Close-Out Letter Does and Does Not Mean
The May 2026 letter means OSEP determined NYSED satisfied the original corrective actions from the September 2023 DMS report. It does not mean OSEP found that every local IDEA violation in New York has been resolved. OSEP’s original 2023 report stated that its review did not examine IDEA implementation by all LEAs in the state and that OSEP could not determine whether the state’s systems were fully effective without reviewing local-level data.
The close-out letter also does not end federal attention on NYSED. For example, OSEP closed out issue 3.2, but made a point of stating the following:
“OSEP recognizes that the State has a high volume of due process complaints filed annually and will continue to monitor the State’s progress in implementing the policies and procedures that address the timely resolution and implementation of hearing decisions. OSEP notes that future DMS monitoring will include further review of the State’s dispute resolution system.”
February 29, 2024, OSEP issued another DMS report involving New York. That report focused on IDEA Part C and identified more than a dozen findings of noncompliance. That Part C report is separate from the May 2026 Part B close-out letter.
Why This Matters for Families
A close-out letter is not the same thing as saying every problem is gone. It means OSEP determined NYSED submitted enough evidence to satisfy the original corrective actions from the 2023 Part B monitoring report.
This the real takeaway: NYSED knew it had problems, OSEP required corrective actions, and OSEP did not close all of the original findings until May 2026.
Families can use these DMS findings to ask better questions and hold local education agencies and the state accountable. If similar problems continue locally, parents can document what is happening, cite the federal findings, use state complaint or due process procedures, and/or flag systemic concerns to OSEP. A close-out letter shouldn’t be treated as proof that every underlying problem has disappeared.