SUPTS. MEMO. NO. 166
October 4, 1996
|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 indicate that, regardless of whether the hearing request was withdrawn, settled, or dismissed, the LEA is required to submit to the SEA within 45 calendar days of the decision an implementation plan for each due process hearing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involved cases in which there had not been a hearing on the merits of the case because the request for a hearing was withdrawn, settled, or dismissed.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.