July 1, 2002

Honorable Douglas D. Christensen

Commissioner of Education

Nebraska Department of Education

301 Centennial Mall, South, 6^th^ Floor

P.O. Box 94987

Lincoln, Nebraska 68509

Dear Commissioner Christensen:

This is to inform you that we have conditionally approved Nebraska's
Eligibility Document Submission for Federal Fiscal Year (FFY) 2002 under
Part B 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 following documents submitted by Nebraska to the
Office of Special Education Programs:

1.  The Part B Eligibility Document Submission for FFY 2002 including
    the Eligibility Documents submitted April, 2000, subsequent
    revisions to those Eligibility Documents and the Submission
    Statement submitted May 24, 2002; and

2.  The June 5, 2002 letter from Nebraska to OSEP, in which Nebraska
    assures that as soon as possible, but no later than July 1, 2003,
    Nebraska will complete all of the changes set forth in its June 5,
    2002 letter and the March 16, 2001 issues chart including:

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(A) Revising Neb. Rev. Stat. 79-1167(3) and 92 NAC 55-009.02 to be
    consistent with 34 CFR §300.514 and deleting the language in Neb.
    Rev. Stat. 79-1167(7) that is inconsistent with §300.514;

(B) Revising (as set forth specifically in the June 5, 2002 letter)
    Nebraska's 30-day timeline under Neb. Rev. Stat. §§79-1167(2)
    and (7) and 92 NAC 55-009.02;

(C) Distributing to public agencies and parents the proposed memo from
    Gary M. Sherman and Don Anderson attached to the June 5, 2002
    letter; and

(D) Submitting to OSEP as soon as possible the revised Neb. Rev. Stat.
    79-1167(2), (3), and (7) and NAC 55- once the revisions are
    finalized.

In the documents submitted on 6/5/02 and its FY 2002 Part B IDEA
application, Nebraska also assures that it will take steps to ensure
that, throughout the period of this grant award, all public agencies in
the State that provide special education and related services to
children with disabilities will operate their programs in a manner fully
consistent with Part B.

Please note that as part of your Eligibility Document Submission for FFY
2002, 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 periods for which it receives grant funding.
Any changes made by the State, after OSEP approval, to information that
is a part of a State's eligibility documentation, must meet the public
participation requirements of the IDEA and must be approved by OSEP
before implementation.

Enclosed are grant awards for funds currently available under the
Department of Education FFY 2002 Appropriations Act for the Part B
Section 611 (Grants to States) and Section 619 (Preschool Grants)
programs. These funds are for use primarily in school year 2002-2003 and
are available for obligation by States from July 1, 2002 through
September 30, 2004.

The amount in your award for Section 619 represents the full amount of
funds to which you are entitled. However, the amount shown in your award
for the Section 611 program is only part of the total funds that will be
awarded to you for FFY 2002. Of the \$7,528,533,000 appropriated for
Section 611 in FFY 2002, \$2,456,533,000 is available for awards on July
1, 2002, and \$5,072,000,000 will be available on October 1, 2002.

The funding formula for the Section 611 program is the same as was
implemented for FFY 2000. Subject to certain maximum and minimum funding
requirements, State allocations are based on the amount that each State
received from FFY 1999 funds, the general population in the age range
for which each State ensures a free appropriate public education (FAPE)
to all children with disabilities, and the number of children living in
poverty in the age range for which each State ensures FAPE to all
children with disabilities.

Enclosure A provides a short description of how Section 611 funds were
allocated and how those funds can be used. In addition, Table I in
Enclosure A shows funding levels for distribution of Section 611 funds.

Enclosure B provides a short description of how Section 619 funds were
allocated and how those funds can be used. In addition, Table II in
Enclosure B shows State-by-State funding levels for distribution of
Section 619 funds.

These awards are based on submission of a complete eligibility document
package, a signed assurance statement regarding resolution of issues
identified in OSEP's review of that eligibility document package, and
implementation of the provisions of the Individuals with Disabilities
Education Act. The complete eligibility document package and assurances
must be made available for public inspection.

We appreciate your ongoing commitment to the provision of quality
educational services to children with disabilities.

> Sincerely,

###### Stephanie S. Lee

> Director
>
> Office of Special Education Programs

Enclosures

cc: Gary M. Sherman