IEP Modifications in West Virginia: Accommodations vs. Modifications
What is the difference between accommodations and modifications in a West Virginia IEP?
In West Virginia, modifications are changes to the curriculum, instruction, or assessment that alter content expectations or performance standards for a student with a disability. The IEP must document program modifications and supports for school personnel under W. Va. C.S.R. § 126-16-7.1.2.d, and must explain the extent to which the student will not participate with nondisabled peers in the regular class and nonacademic activities under W. Va. C.S.R. § 126-16-7.1.2.e. Students who require extensive modifications to the general curriculum and who have the most significant cognitive disabilities may take the West Virginia Alternate Assessment (WVAA) in lieu of the WVGSA, with IEP justification. LRE requirements under W. Va. C.S.R. § 126-16-9 require that placement decisions always consider the least restrictive environment consistent with the student's needs; a full continuum of placement options must be available.
What West Virginia Requires
The IEP must document all program modifications and supports for school personnel (W. Va. C.S.R. § 126-16-7.1.2.d; 34 CFR 300.320(a)(4)).
The IEP must explain the extent to which the student will not participate with nondisabled peers in regular classes and nonacademic activities (W. Va. C.S.R. § 126-16-7.1.2.e; 34 CFR 300.320(a)(5)).
Students with the most significant cognitive disabilities may take the WVAA alternate assessment; the IEP must justify why the student cannot participate in the standard WVGSA (W. Va. C.S.R. § 126-16-7.1.2.f).
The IEP team must consider LRE before recommending modifications that remove a student from general education (W. Va. C.S.R. § 126-16-9.1).
Modifications must be based on the individual student's needs and documented with sufficient specificity to be implemented consistently by all relevant staff.
Key Timelines
Modifications must be reviewed at least annually as part of the IEP review (W. Va. C.S.R. § 126-16-7.3).
The IEP team must consider whether modifications remain appropriate and whether the student can increase participation in the general curriculum at each annual review.