Due Process Complaint
- Due Process Information Packet & Complaint Request Form
- IDEA Due Process Hearing Officers Qualifications (PDF)
- Due Process Brochure
- Dear Colleague Letter – April 15, 2015
Due Process Resolution Session Information Packet
The Information Packet includes the following:
- Due Process Resolution Session Requirements
- Resolution Timeline Tracking Form
- Resolution Session Form
- Due Process Complaint Withdrawal Form
- Waiver of Resolution Meeting Form
- Mediation Basics
- Mediation Request in Lieu of a Resolution
Due Process Complaint Decisions
The West Virginia Department of Education, Office of Special Programs (OSP) administers the due process complaint system to resolve parent and district disputes regarding identification, evaluation, placement and/or provision of a free appropriate public education for exceptional students. The hearing officer renders a decision which assures the provision of a free appropriate public education for exceptional students. A decision is final and binding unless either party appeals in any state court of competent jurisdiction or in a district court of the United States with 90 days from the date of the decision of the hearing officer. The OSP provides its hearing officers’ decisions to the public and in a manner that preserves personal privacy by removing information that would identify the student.
Special education hearing officer decisions:
- D21-006
- D20-008E.R
- D20-006E.R
- D20-002.R
- D19-020.R
- D19-018.R
- D19-007.R
- D18-013.R
- D18-007.R
- D18-003.R
- D16-013.R
- D15-012
- D14-014
- D14-007
- D13-018
- D12-006
- D12-002
- D11-013
- D11-010
- D11-009
- D11-008
- D11-007
- D10-007
- D10-002
- D09-016
- D09-014
- D09-006
- D08-019
- D08-018
- D08-017
- D08-016
- D08-011
- D08-003
- D07-013
- D07-02
- D06-07
Facilitated Individualized Education Program (FIEP)
- FIEP Procedures A Guide for Families and Districts
- FIEP Request Form
- FIEP Agreement to Participate
- FIEP Evaluation Form
- FIEP Preparing for a Meeting
- FIEP Brochure
Special Education Monitoring
- IDEA Part B Programmatic Monitoring Procedures (2023)
- General File Review Checklist (2023)
- Discipline File Review Checklist (2023)
- Discipline File Review – Indicators SPP4A and SPP4B (2021)
- Transition File Review Checklist (2023)
- Disproportionality File Review Checklist – Overrepresentation Indicators SPP 9 and SPP 10 (2021)
- Policy 2419- Waiver Submission
Annual Report of Compliance Monitoring Activities
This annual compliance report includes data on monitoring activities, dispute resolution, and other general supervision activities completed during the state fiscal year listed below and documents the WVDE’s efforts to meet the requirements under IDEA and Policy 2419.
Complaint Process
Out-of-State DHHR/Court
The West Virginia Department of Education (WVDE), Office of Special Programs (OSP) works collaboratively with the West Virginia Department of Health and Human Resources (DHHR) to ensure WV students with disabilities placed in out-of-state (OOS) facilities by DHHR or the court system receive appropriate educational services.
Procedures for Out-Of-State Placement
OOS Facility Documents
OOS Facility Monitoring
WV Students With Disabilities in Out-Of-State Facilities Reports:
- Out-Of-State Report FY 21
- Out-Of-State Report FY 20
- Out-Of-State Report FY 19
- Out-Of-State Report FY 18
- Out-Of-State Report FY 17
- Out-Of-State Report FY 16
- Out-Of-State Report FY 15
- Out-Of-State Report FY 14
- Out-Of-State Report FY 13
- Out-Of-State Report FY 12
- Out-Of-State Report FY 11
- Out-Of-State Report FY 09
- Out-Of-State Report FY 07
Contact Information
Sheila Paitsel
sgpaitsel@k12.wv.us
Building 6, Suite 700
1900 Kanawha Boulevard East
Charleston, WV 25305
Phone: 304-558-7805
FAX 304-558-6268
Monitoring and Compliance Resources
- Age of Majority (March 2023)
- Director’s Resources 2015
- Discipline Flowchart
- IEP Form 5/2013
- IDEA Process Forms
- Procedural Safeguards (November 2022)
- Results Driven Accountability Assuring Compliance Improving Results Manual
- Results DrivenAccountability General Supervision System
- Policy 2419- Waiver Submission