P.O. BOX 2120



December 19, 2003



Division Superintendents



Jo Lynne DeMary

Superintendent of Public Instruction



2004-2005 Special Education Annual Plan/Part B Flow-Through 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 2004-2005 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), the Virginia School for the Deaf and for the Blind, Staunton, and the Virginia School for the Deaf, Blind, and Multi-Disabled, Hampton (the Virginia Schools), 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 and the Virginia Schools 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;

                The Local Improvement Plan;

                Local Special Education Advisory Committee;

                The regional or local jails interagency agreement;

                The Report on the Implementation of the 2003-04 Plan; and

                The Report on Use of Medicaid Funds.


Please note that only the revisions to the LEAs 2004-2005 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 April 15, 2004. State-operated programs and the two Virginia Schools should return the original and one complete copy of all documents by March 1, 2004. The annual plan should be sent to B. Scott McMichael, coordinator of administrative services, Office of Dispute Resolution and Administrative Services, Virginia Department of Education, P. O. Box 2120, Richmond, Virginia 23218-2120.


Attachments to this memo include Parts I and II. Part III - Applications for Federal Funds, including the Local Improvement Plan, will be made available in late January 2004 on the following website


Sliver grant application forms will be included with Part III. Please note that submission of a sliver grant application will satisfy the annual plan requirement for a local improvement plan (LIP).


Questions regarding the Part B application process should be directed to B. Scott McMichael, coordinator of administrative services, at (804) 786-0116 (email to


Specific instructions for state-operated programs and the Virginia Schools should be directed to Karen Trump, director of the state-operated programs and the Virginia Schools at (804) 225-2702 (email to


Questions regarding sections 619 and 611 applications, as well as the Part III financial package, should be addressed to Jerry Mathews, budget manager, at (804) 225-2704 (email to


Questions regarding the comprehensive system of personnel development should be addressed to Pat Burgess, education specialist, at (804) 225-2096 (email to