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

Mediation

• Mediation Request Form
• Mediation Process Brochure

Monitoring

Special Education Monitoring

• Procedures for Special Education Monitoring and Integrated Compliance System (July 2022)
• General File Review
• Service Verification (2013)
• Discipline File Review (2021)
• Transition File Review (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.

• 2020-21
• 2019-20
• 2018-19
• 2017-18
• 2016-17
• 2015-16
• 2014-15
• 2013-14
• 2011-12
• 2010-11

Complaint Process

• State Complaint Procedures
• State Process Complaint Brochure
• State Complaint Form
• Early Resolution Brochure

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

• High Cost High Acuity Reimbursement Application

OOS Facility Documents

• IEP (PDF)
• LEA Participation Form
• Monthly Education Attendance Form

OOS Facility Monitoring

• Consolidated Monitoring Manual

WV Students With Disabilities in Out-Of-State Facilities Reports:

• 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

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