IEP Related Services in West Virginia
What related services can be included in an IEP in West Virginia?
West Virginia requires that each IEP specify all related services the student requires to benefit from special education, consistent with 34 CFR 300.34 as implemented through W. Va. C.S.R. § 126-16. Related services include speech-language pathology and audiology, psychological services, physical therapy, occupational therapy, counseling services, orientation and mobility, school health and school nurse services, social work services, parent counseling and training, transportation, recreation, assistive technology services, and interpreting services. Under W. Va. C.S.R. § 126-16-7.1.2.g, each related service must be documented in the IEP with projected start date, frequency, location, and duration. West Virginia requires that related service providers hold appropriate WV licensure or endorsement. Districts may contract for related services when they cannot provide them directly, but all services must be at no cost to the family as part of FAPE (W. Va. C.S.R. § 126-16-2.1; W. Va. Code § 18-20-1). Transportation is a related service and must be provided when required to enable the student to receive special education services (34 CFR 300.34(c)(16)).
What West Virginia Requires
The IEP must specify each related service with its projected start date, frequency, location, and duration (W. Va. C.S.R. § 126-16-7.1.2.g; 34 CFR 300.320(a)(7)).
Related services include speech-language, audiology, OT, PT, counseling, psychological services, social work, nursing, transportation, recreation, assistive technology, orientation and mobility, and interpreting services (34 CFR 300.34).
Related service providers must hold appropriate West Virginia licensure or endorsement to deliver services to students with exceptionalities (W. Va. C.S.R. § 126-16-3.1).
Assistive technology devices and services must be provided if required by the IEP, including at home when the team determines it is necessary (34 CFR 300.105).
All related services must be provided at no cost to the family as part of FAPE; districts may contract for services they cannot provide directly (W. Va. C.S.R. § 126-16-2.1; W. Va. Code § 18-20-1).
Transportation is a related service and must be provided when necessary for the student to access special education services (34 CFR 300.34(c)(16)).
Key Timelines
Related services must begin on the projected start date in the IEP and be in effect at the beginning of each school year (34 CFR 300.323(a); W. Va. C.S.R. § 126-16-7.1.2.g).
Related services must be reviewed at least annually as part of the IEP review (W. Va. C.S.R. § 126-16-7.3).
For transfer students from out of state, comparable services must be provided while a new IEP is developed (34 CFR 300.323(f)).