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.
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.