COMMONWEALTH OF VIRGINIA

DEPARTMENT OF EDUCATION

P.O. BOX 2120

RICHMOND, VIRGINIA 23218-2120

SUPTS. MEMO NO. 52

December 7, 2007

ADMINISTRATIVE

TO:	Division Superintendents
FROM:	Billy K. Cannaday, Jr. Superintendent of Public Instruction
SUBJECT:	2008-2009 Special Education Annual Plan/Part B Flow-Through Application

Under the provisions of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004), its federal implementing regulations, 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 for providing special education and related services to children with disabilities. The 2008-2009 Special Education Annual Plan 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 these services. 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 each of its components.

Each school division, state-operated program (SOP), the Virginia School for the Deaf and the 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 federal and state regulations governing the provision of special education and related services, licensure, and accreditation. In addition, completion of the Certification and Policy Statement sections of the Annual Plan will verify adherence to the requirements of IDEA 2004, and its federal implementing regulations.

In addition to the Certification and Policy Statement sections, the Annual Plan includes the following components:

The Local Special Education Advisory Committee form;

The Regional or Local Jails Interagency Agreement, if applicable;

The Report on the Implementation of the 2006-2007 Plan; and

The application for use of federal funds.

Prior to submitting its Annual Plan to the Virginia Department of Education (VDOE), each school division shall review its Annual Plan with their local special education advisory committee and submit its Annual Plan to the local school board for approval. State-operated programs and the Virginia Schools are required to submit their Annual Plan to the State Special Education Advisory Committee for review prior to submitting it to VDOE for approval.

School divisions, SOPs, and the two Virginia Schools should return the original and one complete copy of all Annual Plan documents by May 19, 2008. The Annual Plan should be sent to Melissa C. P. Smith, coordinator of administrative services, Office of Dispute Resolution and Administrative Services, Virginia Department of Education, P.O. Box 2120, Richmond, Virginia 23218-2120.

School divisions, SOPs, and the two Virginia Schools will also be required to submit the Annual Plan Financial Information Attachment (financial attachment), an Excel document, via the Online Management of Education Grant Awards (OMEGA) System. The financial attachment includes the Proposed Grant Budget forms for Sections 611 and 619 funding. These forms will be submitted as part of the application for federal funds, but must also be submitted electronically via OMEGA. However, before the financial attachment may be submitted in OMEGA, an OMEGA User Permission Form OP1, (OP1 form) must be on file with the Department of Educations Accounting Department to establish user access. Instructions for completing the OP1 form and online training opportunities are available at www.doe.virginia.gov/VDOE/omega. Unless previously completed, please mail the completed OP1 form to the following address no later than April 4, 2008:

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/.

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 IDEA 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.

Questions regarding the Annual Plan 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 Merilee Fox, Merilee.Fox@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 the application for Section 611 flow-through funding, as well as the General Assurances and Compliance section of Part III, should be addressed to Sherry Hubbard, Sherry.Hubbard@doe.virginia.gov, financial specialist, at (804) 225-2339.

Questions regarding the application for Section 619 preschool funding 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.

BKCJr/mcps