July 2, 2007

Honorable Alice Seagren

Commissioner

Minnesota Department of Education

1500 Highway 36 West

Roseville, Minnesota 55113-4266

Dear Commissioner Seagren:

This is to inform you that we have conditionally approved Minnesota's
Application for Federal Fiscal Year (FFY) 2007 under Part C of the
Individuals with Disabilities Education Act (IDEA). Our conditional
approval is based on review of the application submitted by the
Minnesota Department of Education (MDE) to the U.S. Department of
Education, Office of Special Education Programs (OSEP) on April 17, 2007
and revised on June 25, 2007, including policies, procedures, methods,
descriptions, assurances, certifications, and submission statement
provided in Section II, and incorporated by reference to this letter as
noted in Enclosure A. In addition, the State provided the following
specific assurances that it will:

1.  Operate consistent with the Part C requirements in 20 U.S.C. 1431
    through 1444 and applicable regulations in 34 CFR Part 303;

2.  Ensure that the Statewide system of early intervention services
    required by Part C and its implementing regulations is in effect
    throughout the FFY 2007 grant period; and

3.  Make such changes to, and submit, as necessary, for OSEP's approval,
    the State's policies, procedures, methods, and descriptions as are
    necessary to bring those policies, procedures, methods and
    descriptions into compliance with the requirements of Part C of the
    IDEA, as amended, as soon as possible, and not later than the
    earlier of the date indicated by the State in Section II of its
    application or June 30, 2008. Section II of the State's application
    identifies the IDEA statutory sections for which the State needs to
    amend any policies, procedures, methods and descriptions and the
    timelines by which the State will amend its policies, procedures,
    methods and descriptions in order to comply with Part C of the IDEA.
    Within Section II, the State has included the date by which it
    expects to complete necessary changes associated with any policies,
    procedures, methods and descriptions that are not yet in compliance
    with the requirements of Part C of the IDEA, as amended.

The conditional approval for Minnesota's FFY 2007 Part C grant is also
based on the State's June 25, 2007 submission of its currently
applicable Draft Eligibility Form (based on its proposed rule) and
assurance, also dated June 25, 2007, from the MDE in which it
specifically assured that the State shall:

1.  Submit, by September 4, 2007, revisions to MDE's regulations at
    Section 3525 to be consistent with Part C's eligibility requirements
    in 20 U.S.C. 1432(5)(A) and 34 CFR §§303.16(a) and 303.322(b)(1) and
    (c)(3)(ii), as specified in OSEP's June 19, 2007 and November 14,
    2005 memoranda;

2.  Ensure compliance in the interim with Part C's eligibility
    requirements in 20 U.S.C. 1432(5)(A) and 34 CFR §§303.16(a) and
    303.322(b)(1) and (c)(3)(ii); and

3.  Ensure that the State-wide system of early intervention required by
    Part C of IDEA at 20 U.S.C. 1431-1444 and applicable regulations in
    34 CFR Part 303 will be in effect throughout the FFY 2007 grant
    period.

Enclosed is the State's grant award for funds currently available under
the Department of Education FFY 2007 Appropriations Act for the Part C
program. These funds are available for obligation by States from July 1,
2007 through September 30, 2009.

The enclosed grant award for FFY 2007 is made with the continued
understanding that this Office may, from time to time, require
clarification of information within your application, if necessary.
These inquiries are needed to allow us to appropriately carry out our
administrative responsibilities related to Part C.

Please note that as part of your State's application for FFY 2007, your
State has made an assurance, in 34 CFR §80.11(c), that it will comply
with all applicable Federal statutes and regulations in effect with
respect to the FFY 2007 grant period. Any changes made by the State to
its FFY 2007 application or Part C policies or procedures that are
application requirements, after issuance of this grant award, must meet
the applicable public participation requirements under Part C of the
IDEA in 34 CFR §§303.110 through 303.113 and if they are requirements
under Section II.A must be submitted to, and approved by, OSEP prior to
the State's implementation of its new or revised application, policies
and procedures.

Section 604 of the IDEA provides that "\[a\] State shall not be immune
under the eleventh amendment to the Constitution of the United States
from suit in Federal court for a violation of this Act." Section 606
provides that each recipient of assistance under IDEA make positive
efforts to employ and advance in employment qualified individuals with
disabilities in programs assisted under the IDEA. Therefore, by
accepting this grant a State is expressly agreeing as a condition of
IDEA funding to a waiver of Eleventh Amendment immunity and to ensuring
that positive efforts are made to employ and advance employment of
qualified individuals with disabilities in programs assisted under the
IDEA.

We appreciate your ongoing commitment to the provision of quality early
intervention services to infants and toddlers with disabilities and
their families.

> Sincerely,
>
> /s/ Patricia J. Guard

###### Patricia J. Guard

> Acting Director

Office of Special Education Programs

#### Enclosures: 

##### Enclosure A

cc: Part C Coordinator