July 3, 2006

Honorable Joseph Chiaro

Deputy Secretary

Florida Department of Health

4052 Bald Cypress Way

Tallahassee, Florida 32399-1707

Dear Deputy Secretary Chiaro:

This is to inform you that we have conditionally approved Florida'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 Florida Department of Health
(FDOH) to the U.S. Department of Education, Office of Special Education
Programs (OSEP), on April 3, May 17 and 22, and June 26, 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.

The conditional approval for Florida's FFY 2006 Part C grant is also
based on the State's assurances dated May 22, and June 26, 2006 from the
Florida Department of Health in which it assures that the State will
take the following actions:

1.  Submit a revised Cooperative Agreement with the Florida Department
    of Education (FDOE) to OSEP by June 30, 2007, that incorporates the
    revisions in OSEP's May 18, 2006 Memorandum to FDOH and be
    consistent with 20 U.S.C. §§1401(1)(B), 1414(d)(1)(D) and
    1414(d)(2)(B), and 34 CFR §§303.12(b), 303.18, 303.148(b)(2)(i),
    303.148(b)(2)(ii), 303.343, 303.344(b), 303.344(d)(1)(ii) and
    303.523(c)(1);

2.  Ensure compliance, in the interim, with the following Part C
    requirements: 20 U.S.C. §§1401(1)(B), 1414(d)(1)(D) and
    1414(d)(2)(B), and 34 CFR §§303.12(b), 303.18, 303.148(b)(2)(i),
    303.148(b)(2)(ii), 303.343, 303.344(b) and 303.344(d)(1)(ii) and
    303.523(c)(1), including sending a memorandum to all agencies and
    providers that are part of the Florida Part C early intervention
    system to inform them of changes that impact the provision of early
    intervention services in Florida and providing OSEP with a copy of
    that memorandum as soon as possible but no later than December 1,
    2006; and

3.  Ensure that the statewide system of early intervention required by
    Part C of IDEA at 20 U.S.C. §§1431-1444 and applicable 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.

OSEP's March 23, 2006 letter responding to the State's Performance Plan
(SPP) required Florida to submit, by June 1, 2006, updated data under
SPP Priority Indicators 2 (natural environments), 7 (Part C's 45-day
timeline) and 8C (timely transition conferences) to demonstrate
compliance with the requirements of these indicators. FDOH's submission
dated May 17, 2006 provided updated data demonstrating full correction
of noncompliance regarding Indicators 2 and 8C. The May 17, 2006
submission also indicated full correction regarding Indicator 7 for two
of the remaining three counties and FDOH indicated it has initiated
enforcement regarding the third county. OSEP appreciates the State's
efforts to correct noncompliance with the natural environments
requirement in Indicator 2 and timely transition conference requirement
in Indicator 8C, and looks forward to reviewing the State's updated data
under Indicator 7 in the FFY 2005 APR, due February 1, 2007.

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 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 IV.B of the FFY 2006 application for Part C funds requested
updated information about each State's restricted indirect cost rate.
Our records indicate 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 Part C FFY 2006 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. 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: Janice Kane

> Part C Coordinator