IEP Progress Monitoring in West Virginia
How often should you receive IEP progress reports in West Virginia?
West Virginia requires that each IEP include a statement of how the student's progress toward annual goals will be measured and how parents will be regularly informed of that progress (W. Va. C.S.R. § 126-16-7.1.2.h; 34 CFR 300.320(a)(3)). Parents must be informed of progress at least as frequently as report cards are provided to parents of nondisabled students. The IEP team must review and revise IEPs when a student is not making expected progress toward annual goals (W. Va. C.S.R. § 126-16-7.3.1). Progress monitoring data also plays a role in the Response to Intervention (RtI) framework that West Virginia uses as part of its evaluation procedures for specific learning disabilities (W. Va. C.S.R. § 126-16-6.5.2). Progress reports must specify current performance on each goal relative to the goal's criteria, not just indicate whether the student is on track.
What West Virginia Requires
The IEP must include a statement of how progress toward annual goals will be measured and how parents will be informed of progress (W. Va. C.S.R. § 126-16-7.1.2.h; 34 CFR 300.320(a)(3)).
Parents must be informed of progress toward annual goals at least as frequently as report cards are issued to parents of nondisabled students (W. Va. C.S.R. § 126-16-7.1.2.h; 34 CFR 300.320(a)(3)).
When a student is not making expected progress toward annual goals, the IEP must be revised and the team reconvened as necessary (W. Va. C.S.R. § 126-16-7.3.1).
Progress monitoring data from the RtI/MTSS framework may be used as part of the SLD eligibility determination process (W. Va. C.S.R. § 126-16-6.5.2).
Progress reports must be specific enough to show current performance relative to the annual goal criteria, not merely a summary status indicator.
Key Timelines
Progress reports must be issued at least as frequently as report cards for nondisabled students (W. Va. C.S.R. § 126-16-7.1.2.h; 34 CFR 300.320(a)(3)).
The IEP team must review progress at least annually and revise the IEP when progress is insufficient (W. Va. C.S.R. § 126-16-7.3).
If progress is insufficient, the IEP team should reconvene to revise the plan; parents may also file a state complaint if they believe FAPE is not being provided (W. Va. C.S.R. § 126-16-13).