COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EDUCATION
P. O. BOX 2120
RICHMOND, VIRGINIA 23218-2120
SUPTS. MEMO. NO. 166
October 4, 1996

INFORMATIONAL

TO: Division Superintendents
FROM: Richard T. La Pointe
Superintendent of Public Instruction
SUBJECT: Revised Implementation Plan Form For Due Process Hearing Follow-Up

 
  This memorandum highlights a regulatory procedure for
  special education regarding a required follow-up activity
  after a due process hearing is either held or dismissed. 
  The Regulations Governing Special Education Programs for
  Children with Disabilities in Virginia, 1994, at 3.4 A.15.
  indicate that, regardless of whether the hearing request was
  withdrawn, settled, or dismissed, the LEA is required to
  submit to the SEA within 45 calendar days of the decision an
  implementation plan for each due process hearing request.
  
  The Department has examined the receipt of implementation
  plans.  It was revealed that most plans which were past due
  involved cases in which there had not been a hearing on the
  merits of the case because the request for a hearing was
  withdrawn, settled, or dismissed. 
  
  In an effort to assist you in complying with the due process
  requirements in the regulations, the Department has revised
  the implementation plan form.  This revision is supported by
  the Department's findings after telephone and letter
  inquiries to divisions whose implementation plans were
  overdue.  The form, as revised, should expedite the
  reporting process for you.  A short narrative may need to
  accompany the form, stating the requirements indicated in
  the hearing decision.  In addition, the SEA will be
  examining files for the required implementation plan as a
  part of the approval for billing and reimbursement requests.
  
  Please forward a copy of this memorandum and the revised
  implementation form to your special education administrator.
  If you need additional information, please contact Brenda
  Briggs, Coordinator of Due Process and Complaints, at (804)
  225-2013.
  
  RTL/TAE/stg
  
  Attachment:  This memo and its attachment will be sent to
               the superintendent's office.