July 2, 2007

Honorable Utoofili Aso Maga

#### Director

#### American Samoa Department of Health

Government of American Samoa

Pago Pago, American Samoa 96799

Dear Director Aso Maga:

This is to inform you that we have conditionally approved American
Samoa'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 your application submitted by the
American Samoa Department of Health to the U.S. Department of Education,
Office of Special Education Programs (OSEP), on April 11, 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.

American Samoa's FFY 2007 IDEA Part C grant award is also being released
subject to fiscal special conditions regarding the Single Audit Act that
are identified in the enclosed U.S. Department of Education's June 19,
2007 letter to American Samoa (which is Enclosure B and incorporated in
this grant letter by this reference), regarding the Single Audit Act and
that are being imposed pursuant to the Department's authority in 34 CFR
§80.12. By accepting this grant award, American Samoa agrees to accept
the special conditions identified in the Department\'s enclosed June 19,
2007 letter.

OSEP imposed Special Conditions on American Samoa\'s Part C FFY 2006
grant award regarding Part C's 45-day timeline requirements in 34 CFR
§§303.321(e)(2)(i) and 303.322(e)(1) and timely provision of early
intervention service requirements in 34 CFR §§303.340(c) and 303.342(e)
and required American Samoa to provide two data reports demonstrating
compliance in these areas, the first on February 1, 2007 and the final
report due June 1, 2007. American Samoa provided data and information in
its final progress report submitted on June 1, 2007 and June 18, 2007
demonstrating its ability to ensure compliance with these requirements,
and has thereby met its FFY 2006 Special Conditions.

 

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 to be submitted to, and approved by, OSEP prior
to the State's implementation of its new or revised application,
policies and procedures.

## Section IV.B of the FFY 2007 application for Part C funds requested updated information about each State's restricted indirect cost rate. Our records indicate that your agency is not charging indirect costs to the Part C program. By accepting Part C grant funds, your agency (as the lead agency designated under Part C) is agreeing not to charge indirect costs to the Part C program for FFY 2007 Part C grant funds.

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

##### Enclosure B

cc: Part C Coordinator