SUPTS. MEMO. NO. 76
December 20, 1996
||Richard T. La Pointe
Superintendent of Public Instruction
||1997-98 Special Education Annual Plan/Part B Flow-Through
Application and Section 619 Preschool Grant Application
Under the provisions of the Individuals with Disabilities Education Act (IDEA), and the Regulations Governing Special Education Programs for Children with Disabilities in Virginia, (effective January 1, 1994), local educational agencies are required to submit an annual plan and application that include the policies and procedures for providing special education and related services to children with disabilities. The 1997-98 Annual Plan for Special Education will serve as the formal agreement between the local school board and the Virginia Department of Education for the implementation of federal and state laws governing this program. Accordingly, the disbursement of state and federal funds appropriated for the education of children with disabilities is contingent upon the approval of this plan and application. Local school divisions and state operated programs will be required to submit the full Annual Special Education Plan during the year the self study for Federal Program Monitoring is conducted. Therefore, local school divisions will complete a full plan every six years. All other divisions will only be required to submit any changes to the previously approved Annual Special Education Plan. The 1995-96 Annual Special Education Plan or the latest approved full plan will serve as the "base year" upon which changes are made. SUPTS. MEMO. NO. 76 December 20, 1996 Page 2 The Code of Virginia stipulates that the Department of Education is ultimately responsible for the provision of FAPE to eligible children with disabilities from age two (by September of the school year). Based upon the reauthorization of Part H of the Individuals with Disabilities Education Act , effective July 1, 1991, local school divisions in Virginia must expend some Section 619 Preschool Grant funds on each two year old receiving a free appropriate public education (FAPE). Federal clarification has indicated that Part H regulations do not apply to any child with a disability whose program is fully or partially funded under Part B, Section 619. Therefore, some Section 619 funds must be used to serve each two year old child receiving FAPE in Virginia so that Part H regulations will regarding the Section 619 Application should be addressed to Mrs. Linda Bradford at (804) 225-2675 or Mrs. Susan Pinson at (804) 225-2539. All other questions regarding the Annual Plan should be directed to your division's technical specialist for special education. RTL/kts Enclosure: This memo and its enclosure will be sent to the superintendent's office.