IEP Service Delivery in West Virginia
How are IEP services delivered in West Virginia?
West Virginia maintains a full continuum of placement options as required by IDEA, including instruction in regular classes with supports, resource rooms, self-contained classes, special schools, home instruction, and hospital/institutional settings (W. Va. C.S.R. § 126-16-9.1). Placement decisions must be based on the student's IEP and made in the LRE; the team must consider the potential harmful effects of placement outside the regular class. Extended school year (ESY) services must be provided when the IEP team determines the student requires them to receive FAPE; the decision cannot be based solely on category of disability or administrative or financial convenience (W. Va. C.S.R. § 126-16-7.4). West Virginia's special education regulations require that personnel providing services hold appropriate qualifications, and LEAs must ensure all special education teachers and related service providers meet IDEA's highly qualified or personnel standards requirements (W. Va. C.S.R. § 126-16-3). Parentally placed private school students are entitled to a services plan, though full FAPE obligations differ from public school obligations (W. Va. C.S.R. § 126-16-11).
What West Virginia Requires
The full continuum of placement options must be available, including regular classes, resource rooms, special classes, special schools, home instruction, and hospital/institutional settings (W. Va. C.S.R. § 126-16-9.1; 34 CFR 300.115).
Extended school year (ESY) services must be provided when necessary for FAPE; the determination cannot be based on category of disability or fiscal considerations (W. Va. C.S.R. § 126-16-7.4).
Special education teachers and related service providers must hold appropriate West Virginia licensure or endorsement (W. Va. C.S.R. § 126-16-3.1).
Placement must be determined at least annually, based on the IEP, and made in the LRE; supplementary aids and services must be used before considering more restrictive settings (W. Va. C.S.R. § 126-16-9.2; 34 CFR 300.116).
Parentally placed private school students are entitled to a services plan; the LEA must proportionately allocate federal funds for their services (W. Va. C.S.R. § 126-16-11).
Assistive technology must be provided as part of the IEP when required; home use must be addressed when the team determines it is necessary for FAPE (34 CFR 300.105).
Key Timelines
ESY eligibility must be determined by the IEP team before the end of the regular school year (W. Va. C.S.R. § 126-16-7.4).
Placement decisions must be reviewed at least annually as part of the IEP process (W. Va. C.S.R. § 126-16-7.3; 34 CFR 300.116(b)(1)).
Services must begin on the projected start date documented in the IEP (W. Va. C.S.R. § 126-16-7.1.2.g).