P.O. BOX 2120




December 3, 2004




Division Superintendents



Jo Lynne DeMary

Superintendent of Public Instruction



2005-2006 Special Education Annual Plan/Part B Flow-Through 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 March 27, 2002), local educational agencies (LEAs) are required to submit an Annual Plan and applications for federal funds for providing special education and related services to children with disabilities. The 2005-2006 Local Special Education Annual Plan and Report serves as the formal agreement between a local school board and the Virginia Department of Education for implementing federal and state laws and regulations 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.


Each school division, state-operated program (SOP), the Virginia School for the Deaf and Blind at Staunton, and the Virginia School for the Deaf, Blind, and Multi-Disabled at Hampton (the Virginia Schools), shall maintain current policies and procedures and supporting documentation to demonstrate compliance with the Virginia Board of Education regulations governing the provision of special education and related services, licensure, and accreditation. Changes to the local policies and procedures and supporting documentation shall be submitted upon amendment or revision. Changes shall be made as determined by local need; as a result of changes in state or federal laws or regulations; as a result of required corrective action; or as a result of decisions reached in administrative proceedings, judicial determinations, or other findings of noncompliance.


Policies refer to the basic governing principles that create rights and responsibilities for the conduct of the local educational agency business. Procedures tell how the local educational agency plans to implement the policies. Local educational agencies are required to submit the Annual Plan to their local school board for approval. State-operated programs and the Virginia Schools are required to submit their Annual Plan to the State Special Education Advisory Committee for review.


The applications for use of the federal funds and the Annual Plan components to be submitted are:


                    Comprehensive System of Personnel Development and Report on Implementation;

                    The Local Improvement Plan;

                    Local Special Education Advisory Committee;

                    The Regional or Local Jails Interagency Agreement, if applicable; and

                    The Report on the Implementation of the 2003-04 Plan.


Please note that only the revisions to the LEAs 2005-2006 policies, procedures, and supporting documentation need to be submitted in accordance with the Annual Plan.


The Code of Virginia stipulates that the Department of Education assures a free appropriate public education (FAPE) to eligible children with disabilities from age two (by September 30 of the school year) to 21, inclusive. Federal clarification has indicated that Part C (Early Intervention for Infants and Toddlers with Disabilities) regulations do not apply to any child with a disability who is receiving FAPE under Part B Section 619. This provision applies whether the services are fully or partially funded under Section 619.


Local educational agencies, state-operated programs, and the two Virginia Schools should return the original and one complete copy of all documents by May 23, 2005. The Annual Plan should be sent to Roslyn Taylor, administrative specialist, Office of State-Operated Programs, Virginia Department of Education, P. O. Box 2120, Richmond, Virginia 23218-2120.


There are no attachments to this memo. All required documents, including application for federal funds and sliver grant applications, may be found electronically in word and portable document format in the Annual Plan section of the Dispute Resolution and Administrative Services Website, at


Please note that submission of a sliver grant application will satisfy the Annual Plan requirement for a local improvement plan (LIP).


Questions regarding the Part B application process should be directed to B. Scott McMichael, coordinator of administrative services, at (804) 371-0524 (e-mail to or Roslyn Taylor, administrative specialist, at (804) 786-8079 (e-mail to


Specific questions for state-operated programs and the Virginia Schools should be directed to Karen Trump, director of the state-operated programs and the Virginia Schools at (804) 225-2702 (e-mail to


Questions regarding sections 619 and 611 applications, as well as the Part III financial package, should be addressed to Sherry Hubbard, financial specialist, at (804) 225-2339 (e-mail to


Questions regarding the comprehensive system of personnel development should be addressed to Pat Burgess, education specialist, at (804) 225-2096 (e-mail to