P. O. BOX 2120
January 19, 1996


TO: Division Superintendents
William C. Bosher, Jr.
Superintendent of Public Instruction
1996-97 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 January 1, 1994), local educational agencies are
  required to submit an annual plan and application that
  includes the policies and procedures for providing special
  education and related services to children with disabilities. 
  The 1996-97 Annual Plan for Special Education will serve as
  the formal agreement between the local school board and the
  Virginia Department of Education for the implementation of
  federal and state laws governing this program.  Accordingly,
  the disbursements of state and federal funds appropriated for
  the education of children with disabilities is contingent upon
  the approval of this plan and application.
  Two important procedural changes are being made this year. 
  The application for Section 619 Preschool funds has been
  incorporated in the Annual Plan; allocation amounts are
  included in the Section 619 Application.
  The second change is intended to reduce the reporting burden
  on the localities.  Local school divisions and state operated
  programs will be required to submit the full Annual Special
  Education Plan during the year the self study for Federal
  Program Monitoring is conducted.  Therefore, local School
  divisions will complete a full plan every six years.
  All other divisions will only be required to submit any
  changes to the previously approved Annual Special Education
  Plan.  The 1995-96 Annual Special Education Plan will be the
  "base year" upon which changes are made.  Localities will be 
    SUPTS. MEMO. NO. 2
  January 19, 1996
  Page 2
  required to submit certain assurance statements and
  certifications and any changes to the policies, procedures,
  and forms as well as the applications for federal funds.
  Effective July 1, 1994, based upon the reauthorization of Part
  H of the Individuals with Disabilities Education Act, local
  school divisions in Virginia must expend some Section 
  619 Preschool Grant funds on each two year old child receiving
  a free appropriate public education (FAPE).
  The Code of Virginia stipulates that the Department of
  Education is ultimately responsible for the provision of FAPE
  to eligible children with disabilities from age 2 (by
  September of the school year).  Federal clarification has
  indicated that Part H regulations do not apply to any child
  with disabilities who is receiving FAPE under Part B which is
  fully or partially funded under Section 619.  Therefore, some
  Section 619 funds must be used to serve each two year old
  child receiving FAPE in Virginia so that Part H regulation
  will not be applicable.  Two year olds receiving FAPE do not
  generate Section 619 Preschool Grant funding; thus, they are
  not included in the per pupil allocation.
  Please return the original and one complete copy of the Annual
  Plan, the Part B Application and 619 Preschool Application,
  and supporting documents by May 15, 1996 to Anthony G. Faina,
  Associate Specialist, Office of Special Education Services,
  Virginia Department of Education, P. O. Box 2120, Richmond,
  Virginia 23218-2120.
  Questions regarding the Part B application should be directed
  to Mr. Faina at (804) 225-2700.  Questions regarding the
  Section 619 Application should be addressed to Mrs. Linda
  Bradford at (804) 371-7422.  All other questions regarding the
  Annual Plan should be directed to your division's technical
  specialist for special education.
  Attachments: This memo and its attachment will be sent to
               the Superintendent's office.