P. O. BOX 2120
December 20, 1996


TO: Division Superintendents
Richard T. La Pointe
Superintendent of Public Instruction
1997-98 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 include the policies and procedures for
  providing special education and related services to children
  with disabilities.  The 1997-98 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 disbursement of state and
  federal funds appropriated for the education of children
  with disabilities is contingent upon the approval of this
  plan and application.

  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 or the
  latest approved full plan will serve as the "base year" upon
  which changes are made.

  December 20, 1996
  Page 2

  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 two (by
  September of the school year).  Based upon the
  reauthorization of Part H of the Individuals with
  Disabilities Education Act , effective July 1, 1991, local
  school divisions in Virginia must expend some Section 619
  Preschool Grant funds on each two year old receiving a free
  appropriate public education (FAPE).  Federal clarification
  has indicated that Part H regulations do not apply to any
  child with a disability whose program is fully or partially
  funded under Part B, 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 regulations will
  regarding the Section 619 Application should be addressed to
  Mrs. Linda Bradford at (804) 225-2675 or Mrs. Susan Pinson
  at (804) 225-2539.  All other questions regarding the Annual
  Plan should be directed to your division's technical
  specialist for special education.


  Enclosure:   This memo and its enclosure will be sent to
               the superintendent's office.