COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EDUCATION
P. O. BOX 2120
RICHMOND, VIRGINIA 23218-2120
SUPTS. MEMO. NO. 63
September 19, 1997

ADMINISTRATIVE

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.