COMMONWEALTH OF VIRGINIA

DEPARTMENT OF EDUCATION

P.O. BOX 2120

RICHMOND, VIRGINIA 23218-2120

SUPTS. MEMO NO. 11

March 1, 2002

ADMINISTRATIVE

TO:	Division Superintendents, SOP Directors and VSBD Superintendents
FROM:	Jo Lynne DeMary Superintendent of Public Instruction
SUBJECT:	2002-2003 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, 2001), local educational agencies are required to submit an annual plan and applications for providing special education and related services to children with disabilities. The 2002-2003 Local Special Education Annual Plan and Report serves as the formal agreement between a local school board and the Virginia Department of Education for implementing federal and state laws and regulations 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.

Each school division, state-operated program and the Virginia Schools for the Deaf and the Blind shall maintain current policies and procedures and supporting documentation to demonstrate compliance with the Virginia Board of Education regulations governing the provision of special education and related services, licensure and accreditation. Changes to the local policies and procedures and supporting documentation shall be submitted upon amendment or revision. Changes shall be made as determined by local need; as a result of changes in state or federal laws or regulations; as a result of required corrective action; or as a result of decisions reached in administrative proceedings, judicial determinations, or other findings of noncompliance.

Policies refer to the basic governing principles, which create rights and responsibilities for the conduct of the local educational agency business. Procedures tell how the local educational agency plans to implement the policies. School divisions are required to submit the policies and procedures and the revisions to the policies and procedures to their local school board for approval. State-operated programs, the Virginia School for the Deaf and the Blind at Staunton, and the Virginia School for the Deaf, Blind and Multi-Disabled at Hampton are required to submit the policies and procedures to the state special education advisory committee for review.

The applications for use of the federal funds and the Annual Plan/Local Improvement Plan components to be submitted annually are: Comprehensive System of Personnel Development and Report on Implementation; Local Improvement Plan and Report on Implementation; Local Special Education Advisory Committee; Report on the Implementation; of the 2000-01 Plan; and Report on Use of Medicaid Funds. Only the revisions to the LEAs 2001-2002 policies, procedures, and supporting documentation need to be submitted.

The Code of Virginia stipulates that the Department of Education assures a free appropriate public education (FAPE) to eligible children with disabilities from age two (by September 30 of the school year). Federal clarification has indicated that Part C (Early Intervention for Infants and Toddlers with Disabilities) regulations do not apply to any child with a disability who is receiving FAPE under Part B Section 619. This provision applies whether the services are fully or partially funded under Section 619.

Please return the original and one complete copy of all documents by June 3, 2002, to Chester C. Walrod, Jr., associate specialist, Office of Special Education, Virginia Department of Education, P. O. Box 2120, Richmond, Virginia 23218-2120.

Questions regarding the Part B application should be director to Chester C. Walrod (mailto:cwalrod@mail.vak12ed.edu) at (804) 786-9775. Questions regarding the Section 619 Application should be addressed to Linda Bradford (mailto:lbradfor@mail.vak12ed.edu) at (804) 225-2675. Questions regarding the Section 611 Application should be addressed to Jerry Mathews (mailto:jmathews@mail.vak12ed.edu) at (804) 786-3234. All other questions should be directed to your divisions technical assistance specialist for special education.

JLD/rt

/administrators/superintendents_memos/2002/adm011a.doc

/administrators/superintendents_memos/2002/adm011b.doc

/administrators/superintendents_memos/2002/adm011c.doc