IEP Transition Services in West Virginia
When does IEP transition planning start in West Virginia?
West Virginia requires that transition planning begin no later than the first IEP in effect when the student turns 16 (or younger if the IEP team determines appropriate), consistent with IDEA and W. Va. C.S.R. § 126-16-7.2. The IEP must include measurable postsecondary goals for education or training, employment, and where appropriate, independent living skills, based on age-appropriate transition assessments. The IEP must document transition services—including courses of study—that will help the student reach those postsecondary goals. West Virginia's WVDE Office of Special Education supports the WV Transition Framework and participates in the National Secondary Transition Technical Assistance Center (NSTTAC) activities. Beginning no later than one year before the student reaches the age of majority (18 in West Virginia), the IEP must include a statement that the student has been notified of rights transferring at age 18 (W. Va. Code § 18-20-8; W. Va. C.S.R. § 126-16-12.3). West Virginia follows the federal definition that FAPE continues through age 21 for students who have not yet received a regular diploma.
What West Virginia Requires
Transition planning must begin no later than the first IEP in effect when the student turns 16 (W. Va. C.S.R. § 126-16-7.2; 34 CFR 300.320(b)).
The IEP must include measurable postsecondary goals for education/training, employment, and when appropriate, independent living, based on age-appropriate transition assessments (W. Va. C.S.R. § 126-16-7.2.1; 34 CFR 300.320(b)(1)).
The IEP must document the transition services, including courses of study, necessary to help the student reach postsecondary goals (W. Va. C.S.R. § 126-16-7.2.2; 34 CFR 300.320(b)(2)).
If an invited agency representative does not attend a transition meeting, the LEA must take steps to obtain the agency's participation (34 CFR 300.321(b)(3)).
Beginning no later than one year before the student turns 18, the IEP must document that the student has been informed that rights will transfer at age 18 (W. Va. Code § 18-20-8; W. Va. C.S.R. § 126-16-12.3).
The student must be invited to IEP meetings at which transition services will be discussed; if the student cannot attend, the LEA must take steps to ensure the student's preferences and interests are considered (34 CFR 300.321(b)).
Key Timelines
Transition planning must begin by the student's 16th birthday (or earlier if appropriate) and be updated annually (W. Va. C.S.R. § 126-16-7.2).
Notification of transfer of rights must occur no later than one year before the student turns 18 (W. Va. Code § 18-20-8; W. Va. C.S.R. § 126-16-12.3).
FAPE continues through age 21 for students who have not yet received a regular high school diploma (W. Va. Code § 18-20-1; 34 CFR 300.102(a)(3)).