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SUPTS. MEMO. NO. 63
September 19, 1997 |
| TO: | Division Superintendents |
| FROM: | Richard T. La Pointe
Superintendent of Public Instruction |
| SUBJECT: | 1997-98 IDEA, PL 105-17 Part B Grant Awards for Special Education |
Part B (Section 613) Flow Through This memorandum is the official grant award notification under the provisions of the Individuals with Disabilities Education Act Amendments of 1997. The Grant Award is based on the per pupil amount of $483.00 multiplied by your division's December 1, 1996 count of children with disabilities ages 3-21. The amount of flow-through funds available to each division is reflected on the attached grant award list. This memorandum serves as the notice of the approval of your 1997-98 Annual Special Education Plan. The award was predicated upon the approval of your 1997-98 Annual Plan for Special Education and Part B Funding Application by the State Superintendent of Public Instruction. The total state grant under IDEA increased significantly for the period beginning August 22, 1997. The per pupil amount used to determine the local school division's grant increased by $108.00 over last year's amount. The grants to local school divisions account for 92% of the total Part B funds. No more than 5% of the grant is used for state administration and 3% is used for statewide discretionary special education activities. The grant period extends from August 22, 1997 through September 30, 1999. Funds are provided to the school division through a cost reimbursement process. Your division's expenditures will be reimbursed based upon an approved budget reflecting the actual award amount. Budget amendments should be submitted by all school divisions to Tony Faina, Office of Special Education Services, Virginia Department of Education, P. O. Box 2120, Richmond VA 23218-2120. Part B (Section 619) Preschool Grants This memorandum is the official grant notification to school divisions that have approved applications under Section 619 Early Childhood Special Education Programs. Awards are based on the December 1, 1995 child count data for children ages 3-5 at a per pupil amount of $534.00. The amount of each division's award is on the attached grant award list. The 1997-98 grant period is July 1, 1997 through September 30, 1998. Funds may not be encumbered after September 30,1998. Reimbursements Reimbursement for expenditures pursuant to these programs cannot be honored if program or budget modifications are implemented without prior approval. Funds available under the provisions of IDEA, Part B, must be used to provide special education and related services to children with disabilities as outlined in your division's approved 1997-98 applications (Flow-through or Pre-school). Procedures for requesting reimbursement for expenditures under IASA and IDEA have been standardized. Beginning November 1, 1997 all reimbursement requests must be submitted using the new forms and procedures. A copy of the handbook containing the new forms is being sent under separate cover to the Directors of Special Education. Questions pertaining to the Flow-Through awards may be directed to Tony Faina at (804) 225-2700 or E-mail: afaina@pen.k12.va.us. Questions concerning the Pre-school Awards should be addressed to Mrs. Linda Bradford, Specialist, (804)225-2675 or Mrs. Susan Pinson, Grant Manager at (804) 225-2539. Attachments: List of Grant awards Virginia Assurance Statement EDGAR Regulations, Sect. 76.706 A hard copy of this memo and its attachments will be sent to the superintendent's office RTL:kts PART B OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT AS AMENDED BY THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT AMENDMENTS OF 1997 Assurances regarding implementation of the requirements during the federal fiscal year 1997 For the purpose of implementing provisions of the Individuals with Disabilities Education Act Amendments of 1997, which amend the Individuals with Disabilities Education Act (the Act), the State of Virginia assures that throughout the period of the grant award, all public agencies in the State will comply with all the requirements of Parts A and B of IDEA, as amended by the IDEA Amendments of 1997, including , (1) all of the policies and procedures that were approved as part of the State's most recent prior year State plan under Part B of the IDEA that are not inconsistent with the IDEA as amended by the IDEA Amendments of 1997; and (2) all of the eligibility requirements of Section 612 of the Act, as Amended. The State also assures that no later than July 1, 1998, the State will revise its statutes, regulations, policies and/or procedures it has in effect to ensure that it meets each of the eligibility requirements in section 612 of the Act. The following caveat applies to the above assurance: Consistent with the Virginia Administrative Process Act (Va. Code, Title 9, Chapter 1.1:1) and the "Public Participation" federally required, and to the extent necessary to make its policies and regulations consistent with those provisions of P.L. 105-17 that become effective prior to July 1, 1998, the SEA will initiate the process to make its regulations and policies consistent therewith. However, the SEA cannot assure that the regulatory process required to accomplish this will be completed by July 1, 1998. IDEA Carryover for Grant Awards for periods beginning July 1, 1995 and July 1,1996 Grants awarded to local school divisions and other public agencies during the 95-96 and 96-97 school years are subject to the statutes in effect at the time the funds are used. Therefore, local school divisions must comply with the IDEA Amendments of 1997. The Education Department General Administrative Regulations (EDGAR) addresses the issue of which regulations apply to federally funded programs at Sect. 76.706. Sect. 76.706 Obligations made during a carryover period are subject to current statutes, regulations, and applications. A State and a subgrantee shall use carryover funds in accordance with: (a) The federal statues and regulations that apply to the program and are in effect for the carryover period; and (b) Any State plan, or application for a subgrant, that the State or subgrantee is required to submit for the carryover period.