P. O. BOX 2120

January 19, 1999


TO: Division Superintendents
FROM: Paul D. Stapleton
Superintendent of Public Instruction
SUBJECT: 1999-2000 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 1999-2000 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 are
  required to submit amendments to the previously approved
  Special Education Plan.  The 1995-96 Annual Special
  Education Plan or the latest approved full plan and
  amendments will serve as the "base year".  No school
  divisions or state operated programs will be required to
  completely revise their annual plans this year.  

  The Code of Virginia stipulates that the Department of
  Education is ultimately responsible for the provision of
  FAPE (free appropriate public education) to eligible
  children with disabilities from age two (by September of the
  school year).  Federal clarification has indicated that Part
  C (Infant and Toddler Program) regulations do not apply to
  any child with a disability who is receiving FAPE under Part
  B 619. This provision applies whether the services are
  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 C
  regulations 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
  amended Annual Plan, the Part B Application and 619
  Preschool Application, and supporting documents by May 3,
  1999 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) 225-2675.  All other questions
  regarding the Annual Plan should be directed to your
  division's technical assistance specialist for special