Due Process Complaint

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
Download the Due Process Information Packet



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:

Special Education Monitoring

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.

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:

Contact Information

Sheila Paitsel

Building 6, Suite 700
1900 Kanawha Boulevard East
Charleston, WV 25305

Phone: 304-558-7805
FAX 304-558-6268