P.O. BOX 2120
February 9, 2001
TO: Division Superintendents
FROM: Jo Lynne DeMary
Superintendent of Public Instruction
SUBJECT: 2001-2002 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, 2001), local education agencies are required to submit an annual plan and applications that include the policies and procedures for providing special education and related services to children with disabilities. The 2001-2002 Local Special Education Annual Plan and Report will serve as the formal agreement between the local school board and the Virginia Department of Education for implementing 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 format for submission of the local policies and procedures has changed. School divisions must submit the policies and procedures that are consistent with both the revised Virginia Special Education Regulations and the IDEA amendments of 1997 and its implementing regulations. The Annual Plan and funding applications will consist of three components:

    1. The policies and procedures required for establishing eligibility for IDEA Part B funding.
    2. The Annual Plan/Local Improvement Plan.
    3. The applications for the Section 611 Flow-Through grant, and the Section 619 Preschool Grant.
The policies and procedures will be used as a base document and will be amended only when a school division initiates changes to its policies and procedures or when state or federal regulations change. Changes may also result from new interpretations of the act by federal or state courts or an official finding of noncompliance with federal or state law or regulations. School divisions must maintain current policies and procedures with the Virginia Department of Education in order to ensure eligibility for IDEA Part B funding. Therefore, school divisions will be responsible for submitting changes to policies and procedures to the department as they occur.

The applications for use of the federal funds and the Annual Plan/Local Improvement Plan components will continue to be submitted annually.

The Code of Virginia stipulates that the Department of Education is responsible for providing FAPE (free appropriate public education) to eligible children with disabilities from age two (by September 30 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 to local school divisions.

Please return the original and one complete copy of all documents by June 1, 2001, to Anthony G. Faina, associate specialist, Office of Special Education and Student 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 Ms. Linda Bradford ( at (804) 225-2675. All other questions should be directed to your divisionís technical assistance specialist for special education.


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