Required IEP Sections in West Virginia
What sections are required in an IEP in West Virginia?
West Virginia IEPs must contain all components required by IDEA (34 CFR 300.320) as implemented through W. Va. C.S.R. § 126-16. Required sections include: present levels of academic achievement and functional performance; measurable annual goals; special education and related services, supplementary aids and services, and program modifications; explanation of non-participation with nondisabled peers; individual modifications for state and districtwide assessments; projected start date, frequency, location, and duration of services; and how progress will be measured and reported to parents. West Virginia requires that the IEP document transition services beginning no later than the first IEP in effect when the student turns 16 (or younger if the IEP team determines appropriate), consistent with 34 CFR 300.320(b) and W. Va. C.S.R. § 126-16-7.2. IEP teams must also address extended school year (ESY) eligibility annually. The IEP must be developed by a team that includes the parent, at least one general education teacher, at least one special education teacher or provider, an LEA representative, a person who can interpret evaluation results, and, when appropriate, the student (W. Va. C.S.R. § 126-16-7.1.1).
What West Virginia Requires
Present levels of academic achievement and functional performance must describe how the disability affects involvement in the general curriculum (W. Va. C.S.R. § 126-16-7.1.2.a; 34 CFR 300.320(a)(1)).
Measurable annual goals must address disability-related needs to enable involvement and progress in the general curriculum (W. Va. C.S.R. § 126-16-7.1.2.b; 34 CFR 300.320(a)(2)).
The IEP must specify all special education, related services, supplementary aids and services, and program modifications with projected start date, frequency, location, and duration (W. Va. C.S.R. § 126-16-7.1.2.d, 7.1.2.g).
The IEP must include a statement explaining the extent to which the student will not participate with nondisabled peers in the regular class and nonacademic activities (W. Va. C.S.R. § 126-16-7.1.2.e; 34 CFR 300.320(a)(5)).
Individual modifications for state and districtwide assessments must be specified; if the student takes an alternate assessment, the IEP must explain why and which alternate assessment is appropriate (W. Va. C.S.R. § 126-16-7.1.2.f).
Beginning no later than the first IEP in effect when the student turns 16, the IEP must include postsecondary goals and transition services (W. Va. C.S.R. § 126-16-7.2; 34 CFR 300.320(b)).
At age 18, the IEP must document that the student has been notified of rights transferring upon reaching the age of majority under West Virginia law (W. Va. Code § 18-20-8; W. Va. C.S.R. § 126-16-12.3).
Key Timelines
The IEP must be in effect at the beginning of each school year (34 CFR 300.323(a); W. Va. C.S.R. § 126-16-7.1).
Initial IEP must be developed within 30 days of the eligibility determination (34 CFR 300.323(c)).
The IEP must be reviewed at least annually and revised as needed (W. Va. C.S.R. § 126-16-7.3).
Transition service needs must be addressed beginning no later than the first IEP in effect when the student turns 16 (W. Va. C.S.R. § 126-16-7.2).