Enclosure B

Special Conditions

1\. **Basis for Requiring Special Conditions**

The Office of Special Education Programs (OSEP) is imposing [Special
Conditions]{.underline} on BIE's Federal Fiscal Year (FFY) 2008 grant
award under Part B of the Individuals with Disabilities Education Act
(Part B), related to BIE's failure to meet the public participation
requirements set forth in the Part B regulations at 34 CFR §300.709.
That regulation provides \"in fulfilling the requirements of §300.708,
the Secretary of Interior must provide for public participation
consistent with §300.165\". In addition, 34 CFR §300.716, which sets
forth the Part B regulations applicable to BIE, includes §300.165. The
public participation requirements at 34 CFR §300.165(b), made applicable
to BIE through 34 CFR §§300.709 and 300.716, require that before
submitting a State plan under Part B, a State must comply with the
public participation requirements in §300.165(a) and those in 20 U.S.C.
1232d(b)(7). Part B applications are considered State plans. Under
section 441(b)(7) of the General Education Provisions Act (GEPA) (20
U.S.C. 1232d(b)(7)(B)), each proposed plan must be published, in a
manner that will ensure circulation throughout the State, at least 60
days prior to the date on which the plan is submitted to the Secretary
or on which the plan becomes effective, whichever occurs earlier, with
an opportunity for public comments on such plan to be accepted for at
least 30 days.  BIE can meet this requirement by posting its FFY 2008
application on its website for 60 days and accepting public comment for
at least 30 days.

2\. **Nature of the Special Conditions**

BIE must provide documentation that it has posted its FFY 2008 Part B
application on its website for 60 days and accepted public comment for
at least 30 days.

3\. **Evidence Necessary for the Special Conditions To Be Removed**

When BIE provides documentation, satisfactory to the Department, that it
has fully complied with the public participation requirements of 34 CFR
§300.709 by posting its FFY 2008 Part B application on its website for
60 days and accepting public comment for at least 30 days, the
Department will issue a Supplemental grant that includes \$ 3,550,686
(the 5% of the 80% that may be used by BIE for administration) and \$
13,492,607 (the 20% of the 80% that must be allocated to elementary
schools and secondary schools for Indian children operated or funded by
the Secretary of the Interior by September 30th).

4\. **Method of Requesting Reconsideration**

BIE can write to the Office of Special Education Programs Acting
Director, William W. Knudsen, at the address below, if it wishes the
Department to reconsider any aspect of these [Special
Conditions]{.underline}. The request must describe in detail the changes
to the [Special Conditions]{.underline} sought by BIE and the reasons
for those requested changes.

5\. **Submission of Reports**

> The documentation required above under the [Special
> Conditions]{.underline} should be submitted to:
>
> U.S. Department of Education
>
> Office of Special Education and Rehabilitative Services
>
> Attn: Tony Williams
>
> 400 Maryland Ave., SW
>
> Washington, DC 20202-2550