Due Process Complaints Decisions
The West Virginia Department of Education’s Office of Special Education (OSE) manages the due process complaint system. This system helps resolve disagreements between parents and school districts about a student’s identification, evaluation, placement, or access to a free appropriate public education.
A hearing officer reviews each case and makes a decision to ensure the student receives a free appropriate public education. The decision is final unless one of the parties files an appeal. Appeals can be made in a state court or a federal district court within 90 days of the decision.
The OSE shares hearing officer decisions with the public. Before releasing them, the office removes any information that could identify the student to protect personal privacy.
Special Education Hearing Officer Decisions
The redacted decisions below have been summarized to include the topic of the due process, the prevailing party and any corrective actions required by the school district. All personally identifiable information has been redacted prior to posting. Decisions are posted for five years, and older decisions may be obtained by submitting a request directly to Teresa Brown (teresa.brown@k12.wv.us).
| Decision Number | Summary |
|---|---|
| D24-018 | The hearing officer ruled that the LEA provided appropriate transition services and supports, including career planning, work experiences, self-advocacy training, and coordination with rehabilitation services. Although there were minor issues with some IEP goals, the student made meaningful progress, met graduation requirements, and was not denied a Free Appropriate Public Education (FAPE). |
| D21-006 | The hearing officer found that the LEA appropriately met the student’s educational needs, followed the IEP, included the parent in decision-making, trained staff, and addressed bullying concerns, with no evidence that the student was denied a Free Appropriate Public Education (FAPE). However, because the parent disputed the ADHD diagnosis and suspected dyslexia and dysgraphia, the LEA was ordered to offer an Independent Educational Evaluation (IEE) if the parent agreed to share the results. |
| D20-008 | The hearing officer found that the student’s behavior was related to the disability and that the expulsion decision was based on an improper manifestation determination and an inadequate behavior plan. As a result, the LEA was ordered to return the student to school, obtain an independent Functional Behavioral Assessment (FBA), develop a new Behavior Intervention Plan (BIP) and IEP, review transportation needs, and provide counseling services. |
| D20-006 | The hearing officer found that the student’s behavior was largely related to ADHD and that the LEA did not provide adequate behavioral supports, including effective Functional Behavioral Assessments (FBAs) and a Behavior Intervention Plan (BIP). As a result, the LEA was ordered to return the student to his home school, fund an independent FBA, revise the student’s BIP and IEP, and consider additional behavioral supports and counseling services. |
| D20-002 | The hearing officer found that the LEA appropriately supported the student, including providing aide assistance, evaluating and delivering Extended School Year (ESY) services, and offering appropriate educational supports. The parent did not prove that the LEA violated special education requirements, so the hearing officer ruled in favor of the LEA and ordered no corrective action. |