# July 2, 2008

Honorable Karen L. Beye

Executive Director

Colorado Department of Human Services

CDHS-Division for Developmental Disabilities

1575 Sherman Street

Denver, Colorado 80203

Dear Director Beye:

This is to inform you that we have conditionally approved Colorado's
Application for Federal Fiscal Year (FFY) 2008 under Part C of the
Individuals with Disabilities Education Act (IDEA). Our conditional
approval is based on review of the application submitted by the Colorado
Department of Human Services to the U.S. Department of Education, Office
of Special Education Programs (OSEP), on May 7, 2008 and amended on June
19 and June 26, 2008, 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 2008 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, 2009. 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 Colorado's FFY 2008 Part C grant is also
based on the State's assurance dated June 26, 2008 from the Colorado
Department of Human Services in which it specifically assured that the
State shall:

1.  Make all changes necessary to the State's policies and complete all
    actions as specified in OSEP's June 25, 2008 memorandum to comply
    with the Part C requirements at 20 U.S.C §§1435(a)(1) and
    1437(a)(9)(C), 34 CFR §§303.10, 303.161, and 303.300, 303.322(b)(1)
    and (2), 303.420, 303.510(b), 303.511(b), 303.512(a)(4)(ii),
    303.512(b), 303.512(c)(1), and 303.512(c)(3), and submit to OSEP the
    new and/or revised policies as soon as they are finalized but no
    later than June 30, 2009;

2.  Ensure that, throughout the period that the State uses its Federal
    fiscal year 2008 grant funds under Part C of IDEA, all early
    intervention service programs and providers in the State will comply
    with all requirements of Part C of IDEA, including 20 U.S.C
    §§1435(a)(1) and 1437(a)(9)(C), 34 CFR §§303.10, 303.161, and
    303.300, 303.322(b)(1) and (2), 303.420, 303.510(b), 303.511(b),
    303.512(a)(4)(ii), 303.512(b), 303.512(c)(1), and 303.512(c)(3);

3.  Provide OSEP with a copy of the memorandum notifying all early
    intervention service programs and providers that are part of the
    State's Part C early intervention system notifying them of any
    changes that affect the provision of early intervention services
    under Part C, including 20 U.S.C §§1435(a)(1) and 1437(a)(9)(C), 34
    CFR §§303.10, 303.161, and 303.300, 303.322(b)(1) and (2), 303.420,
    303.510(b), 303.511(b), 303.512(a)(4)(ii), 303.512(b),
    303.512(c)(1), and 303.512(c)(3); and

4.  Ensure that the statewide system of early intervention required by
    Part C of IDEA in 20 U.S.C. §§1431-1444 and applicable regulations
    in 34 CFR Part 303 will be in effect throughout the FFY 2008 grant
    period.

Enclosed is the State's grant award for funds currently available under
the Department of Education Appropriations Act for FFY 2008 for the Part
C program. These funds are available for obligation by States from July
1, 2008 through September 30, 2010.

The enclosed grant award for FFY 2008 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 2008, 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 2008 grant period. Any changes made by the State to
its FFY 2008 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 IV.B of the FFY 2008 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 2008 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/ William W. Knudsen

###### William W. Knudsen

> Acting Director

Office of Special Education Programs

#### Enclosures 

##### Enclosure A

cc: Part C Coordinator