DEPARTMENT OF EDUCATION
SUPTS. MEMO NO. 52
December 7, 2007
Billy K. Cannaday, Jr.
Superintendent of Public Instruction
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
School divisions, SOPs, and the two
School divisions, SOPs, and the two
Department of Education
Attn: Accounting Department
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
Questions regarding state-operated programs should
be directed to
Questions regarding the
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.
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