June 30, 2008

Honorable David Borja

Commissioner of Education

CNMI Public School System

P.O. Box 501370 CK

Saipan, MP 96950

Dear Commissioner Borja:

This is to inform you that we have conditionally approved the
Commonwealth of the Northern Mariana Islands' (CNMI) 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 CNMI Public School System to
the U.S. Department of Education, Office of Special Education Programs
(OSEP), on May 7, 2008, and amended on June 9, 2008 and June 19, 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, CNMI 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,
    CNMI'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 CNMI in Section II of its
    application or June 30, 2009. Section II of CNMI's application
    identifies the IDEA statutory sections for which CNMI needs to amend
    any policies, procedures, methods and descriptions and the timelines
    by which CNMI will amend its policies, procedures, methods and
    descriptions in order to comply with Part C of the IDEA. Within
    Section II, CNMI 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 CNMI's FFY 2008 Part C grant is also based
on CNMI's assurance dated February 27, 2008 from the CNMI Public School
System in which it specifically assured that CNMI shall:

1.  Make all changes necessary to CNMI's interagency agreement between
    the CNMI Public School System and the Department of Public Health
    consistent with Part C requirements as specified in OSEP's April 26,
    2006 Memorandum to CNMI to comply with Part C requirements,
    including 34 CFR §§303.12(d)(15); 303.148(b)(2)-(4); 303.321(e)(2);
    303.322(e)(1); 303.342(a); 303.344(d); 303.523(b) and (c)(2)(ii);
    303.524; and 303.525; and the following 2004 amendments to IDEA:
    Sections 602(1)(B); 632(4)(E)(iii); 634(1); 635(a)(2); 637(a)(6);
    and 637(a)(9)(A)(ii)(II) and submit to OSEP the revised and executed
    interagency agreement as soon as it is finalized, but no later than
    June 30, 2009;

2.  Ensure that, throughout the period that CNMI uses its FFY 2008 grant
    funds under Part C of IDEA, all early intervention service programs
    and providers in CNMI will comply with all requirements of Part C of
    IDEA, including 34 CFR §§303.12(d)(15); 303.148(b)(2)-(4);
    303.321(e)(2); 303.322(e)(1); 303.342(a); 303.344(d); 303.523(b) and
    (c)(2)(ii); 303.524; and 303.525; and the following 2004 amendments
    to IDEA: Sections 602(1)(B); 632(4)(E)(iii); 634(1); 635(a)(2);
    637(a)(6); and 637(a)(9)(A)(ii)(II);

3.  Provide OSEP with a copy of the memorandum notifying all early
    intervention service programs and providers that are part of CNMI's
    Part C early intervention system of any changes that affect the
    provision of early intervention services under Part C, including 34
    CFR §§303.12(d)(15); 303.148(b)(2)-(4); 303.321(e)(2);
    303.322(e)(1); 303.342(a); 303.344(d); 303.523(b) and (c)(2)(ii);
    303.524; and 303.525; and the following 2004 amendments to IDEA:
    Sections 602(1)(B); 632(4)(E)(iii); 634(1); 635(a)(2); 637(a)(6);
    and 637(a)(9)(A)(ii)(II); 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.

CNMI's FFY 2008 IDEA Part C grant is being released subject to special
conditions regarding the Single Audit Act, that are being imposed
pursuant to the Department's authority in 34 CFR §80.12. The U.S.
Department of Education's July 1, 2008 letter to CNMI, included as
Enclosure B, identifies the specific conditions.

Enclosed is CNMI'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 CNMI's application for FFY 2008, CNMI 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 CNMI 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 CNMI's
implementation of its new or revised application, policies and
procedures.

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

Enclosure B

cc: Part C Coordinator