SUPTS. MEMO NO. 6

January 31, 2003

ADMINISTRATIVE

TO:

Division Superintendents, SOP Directors and VSBD Superintendents

FROM:

Jo Lynne DeMary

Superintendent of Public Instruction

SUBJECT:

2003-2004 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 March 27, 2002), local educational agencies (LEAs) are required to submit an annual plan and applications for providing special education and related services to children with disabilities. The 2003-2004 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 (SOP), and the Virginia Schools for the Deaf and for 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 that 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 for 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 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; the regional or local jails interagency agreement; Report on the Implementation of the 2001-02 Plan; and Report on Use of Medicaid Funds. Only the revisions to the LEAs 2002-2003 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.

School divisions should return the original and one complete copy of all documents by May 15,2003. State-operated programs and the two Virginia Schools for the Deaf and for the Blind should return the original and one complete copy of all documents by April 1, 2003. The annual plan should be sent 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 process should be directed to Mr. Walrod (mailto:cwalrod@mail.vak12ed.edu) at (804) 786-9775. Questions regarding Sections 619 and 611 Applications should be addressed to Jerry Mathews (mailto:jmathews@mail.vak12ed.edu) at (804) 786-3234. Specific instructions for state-operated programs and the two Virginia Schools for the Deaf and for the Blind are available in Part I on page 5. All other questions should be directed to your divisions technical assistance specialist for special education.

JLD/rt

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