COMMONWEALTH OF VIRGINIA

DEPARTMENT OF EDUCATION

P.O. BOX 2120

RICHMOND, VIRGINIA 23218-2120

SUPTS. MEMO NO. 63

December 9, 2005

ADMINISTRATIVE

TO:	Division Superintendents
FROM:	Jo Lynne DeMary Superintendent of Public Instruction
SUBJECT:	2006-2007 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 2006-2007 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 Blind at Staunton, and the Virginia School for the Deaf, Blind, and Multi-Disabled at 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. Local policies and procedures will need to be amended to comply with the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 04). A separate guidance document, entitled Required Modifications to Local Policies and Procedures, has been sent to local directors of special education to assist with the revision process. In addition, completion of the Annual Plans Assurance/Policy Statements form and certification will verify adherence to the new requirements of IDEA.

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. Local educational agencies are required to submit the Annual Plan 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 Annual Plan components to be submitted annually are:

The Local Special Education Advisory Committee form;

The Regional or Local Jails Interagency Agreement, if applicable;

The Report on the Implementation of the 2004-2005 Plan; and

The application for use of federal funds.

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) to 21, inclusive. 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.

LEAs, SOPs, and the two Virginia Schools should return the original and one complete copy of all documents by May 22, 2006. The Annual Plan should be sent to Lynda Turrieta-McLeod, administrative specialist, Office of Dispute Resolution and Administrative Services, Virginia Department of Education, P.O. Box 2120, Richmond, Virginia 23218-2120.

LEAs, SOPs, and the two Virginia Schools will also be required to submit the Proposed Grant Budget forms for Sections 611 and 619 funding, and the Excess Costs and Maintenance of Effort Requirements form via the Online Management of Education Grant Awards (OMEGA) System. These forms have historically been submitted as part of the application for federal funds, but also will now be submitted electronically. These forms may be submitted via OMEGA beginning March 1, 2006. However, to submit the forms, OMEGA User Permission Form OP1 must be completed to establish user access. Instructions for completing the user permission form and online training opportunities are available at www.doe.virginia.gov/VDOE/omega. Please mail the completed form to the following address no later than February 1, 2006:

Department of Education

Attn: Accounting Department

P.O. Box 2120

Richmond, Virginia 23218-2120

All required Annual Plan documents, including the application for federal funds, and instructional information are available electronically in Word and Portable Document Format (PDF), in the Annual Plan section of the Office of Dispute Resolution and Administrative Services website, at http://www.doe.virginia.gov/VDOE/dueproc/.

Questions regarding the Part B application process should be directed to Melissa C. P. Smith (Melissa.Smith@doe.virginia.gov), coordinator of administrative services, at (804) 371-0524, or Dr. Judy Douglas (Judy.Douglas@doe.virginia.gov), director, Office of Dispute Resolution and Administrative Services, at (804) 225-2771.

Questions regarding state-operated programs should be directed to Nancy Haynes (Nancy.Haynes@doe.virginia.gov), program specialist for state-operated programs, at (804) 225-3161.

Questions regarding the Virginia Schools should be directed to Dr. Karen Trump (Karen.Trump@doe.virginia.gov), director of the Virginia Schools, at (804) 225-2702.

Questions regarding section 611 applications, as well as the Part III financial package, should be addressed to Sherry Hubbard (Sherry.Hubbard@doe.virginia.gov), financial specialist, at (804) 225-2339.

Questions regarding section 619 applications should be addressed to Phyllis Mondak (Phyllis.Mondak@doe.virginia.gov), special education specialist, at (804) 225-2675.

Questions regarding entering data via OMEGA should be addressed to Omega Support, at omega.support@doe.virginia.gov.

JLD/mcps