P. O. BOX 2120

February 4, 2000


TO: Division Superintendents
FROM: JoLynne DeMary
Acting Superintendent of Public Instruction
SUBJECT: 2000-2001 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 
2000-2001 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.

The formula for distribution of funds for grants to local school divisions and state-
operated programs has changed.  The new formula is outlined in the code of Federal 
Regulations at 300.712.  The new formula utilizes the number of special education 
students served, the total number of children in the locality and a component to 
address poverty.  The amounts for 2000-2001 grants are included in the Flow-Through 

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 at this time.

Note:  School divisions and state-operated programs will be required to submit 
revised policies and procedures demonstrating compliance with the revised state 
regulations upon approval by the Board of Education.

The Code of Virginia stipulates that the Department of Education is 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 1,
2000 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 education.


Enclosure:	A hard copy of this memo and its attachment 	
		will be sent to the superintendent's office.