July 3, 2006

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, including policies, procedures, methods, descriptions, and
assurances, for Federal Fiscal Year (FFY) 2006 under Part C of the
Individuals with Disabilities Education Act (IDEA). Our determination
that you are eligible for a conditional approval is based on our receipt
of the Part C Application for FFY 2006, including the policies,
procedures, methods, descriptions, assurances, certifications, and
submission statement submitted by the Minnesota Department of Education
(MDE) to the U.S. Department of Education, Office of Special Education
Programs (OSEP), on April 4, 2006 and amended on June 15, 2006 in which
it assures that it will:

1.  Operate consistent with the Part C requirements of PL 108-446 and
    its 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 2006 grant period; and

3.  Make such changes to, and submit for OSEP's approval, existing
    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, 2007. Section II of the State's application (which is
    incorporated by reference and enclosed with this grant letter)
    identifies the IDEA statutory sections for which the State needs to
    amend policies, procedures, methods and descriptions and the
    timelines by which the State will amend any 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.

Our determination that you are eligible for a conditional approval is
also based on our receipt of the May 30, 2006 Memorandum from MDE to
OSEP, in which MDE assures that it shall:

1.  Make all changes necessary to the State's regulation at MDE Section
    3525.1350 and to monitoring checklist 3.5 as specified in OSEP's May
    26, 2006 Memorandum and November 14, 2005 letter to revise MDE
    Section 3525.1350 to be consistent with Part C requirements, at 20
    U.S.C. 1432(5)(A) and 34 CFR §§303.16(a) and 303.322(b)(1) and
    (c)(3)(ii), and submit the revised regulation, policies, procedures,
    and monitoring checklist 3.5 to OSEP by June 30, 2007;

2.  Throughout the period of the State's grant award for fiscal year
    2006 under Part C of IDEA, the State will ensure that all providers
    in the Sate will comply with all requirements of Parts A and C of
    IDEA, including 20 U.S.C. 1432(4)(B) and §303.520(b)(3)(ii)
    (including, if necessary, sending a memorandum to all agencies and
    providers that are part of the State's Part C early intervention
    system to inform them of changes that impact on the provision of
    early intervention services in the State with respect to the
    above-identified Part C requirements); and

3.  Ensure that the Statewide system of early intervention required by
    Part C of IDEA at 20 U.S.C. 1431-1444 and regulations in 34 CFR Part
    303 will be in effect throughout the FFY 2006 grant period.

Enclosed is the State's grant award for funds currently available under
the Department of Education FFY 2006 Appropriations Act for the Part C
program. These funds are for use primarily in the fiscal year 2006-2007
and are available for obligation by States from July 1, 2006 through
September 30, 2008.

The enclosed grant award for FFY 2006 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 2006, your
State has made an assurance, under 34 CFR §80.11(c), that it will comply
with all applicable Federal statutes and regulations in effect with
respect to the FFY 2006 grant period. Any changes made by the State to
its FFY 2006 Application or its Part C policies, after OSEP\'s approval,
must meet the applicable public participation requirements in Part C of
the IDEA and may also need to be submitted to OSEP for approval prior to
implementation.

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. 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.

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

> Sincerely,
>
> /s/ Alexa Posny
>
> Alexa Posny, Ph.D.
>
> Director

Office of Special Education Programs

#### Enclosures 

##### Enclosure A

cc: Marty Smith

Part C Coordinator