"A Parent’s Advocacy Guide to Special Education: A Companion Guide to WV Policy 2419 Version 2.0" is a resource developed for parents and educators navigating special education policies and procedures in West Virginia.
This comprehensive guide
explains the legal rights and advocacy tools available to parents,
guiding them on how to effectively utilize these resources to secure
necessary services for their children with disabilities.
The guide
offers detailed explanations of key aspects of special education law,
including eligibility criteria, evaluation processes, the development
and implementation of Individualized Education Programs (IEPs),
discipline procedures, and dispute resolution options.
Furthermore,
it provides practical advice, sample letters, and helpful tips to
empower parents to actively participate in their child's education and
advocate for their needs. Importantly, the guide
emphasizes the importance of collaboration between parents and educators
to ensure that students with disabilities receive a free and
appropriate public education (FAPE) in the least restrictive environment
(LRE).
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What are the steps involved in developing and implementing an IEP for a student with disabilities?
Initial Evaluation and Eligibility Determination: A referral for an initial evaluation for special education services may be made by a variety of sources.
The student may be evaluated in areas such as:
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Academic performance
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Communication skills
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Intellectual ability
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Motor skills
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Social skills
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Adaptive skills
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Assistive technology needs
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Hearing
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Vision
If the child is found eligible for special education services, the Eligibility Committee must identify the disability category that most affects the student’s education.
The determination of a disability category does not dictate the program or services the child will receive.
IEP Development: Once a child is found eligible for special education services, an Individualized Education Program (IEP) must be developed within 30 calendar days from the date of the eligibility determination.
The IEP must be developed before services can be initiated. The IEP is a product of collaboration between parents and educators to identify the unique needs of a student with a disability and plan the special education and related services to meet those needs. The IEP details evaluations and the strengths and weaknesses of the student. It identifies learning goals, sets timelines, and identifies the supplementary aids and related services required for the student to receive a Free Appropriate Public Education (FAPE). The main purpose of an IEP team meeting is to develop a plan that will meet the unique educational needs of an eligible student.
IEP Implementation and Review: The IEP is implemented as soon as possible, with short delays during the school year to allow the school district to make arrangements for services, not to exceed 15 calendar days.
The IEP must be accessible to each general education teacher, special education teacher, related service provider, and other service providers responsible for its implementation. The IEP is reviewed periodically, but no longer than 365 calendar days from the date the current IEP was developed. The IEP team may convene a meeting to review the IEP at the request of any member, including the parent. The school district has 21 calendar days to hold the IEP meeting.
The sources provided do not describe all of the specific steps involved in developing and implementing an IEP. However, the IEP document generally includes:
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Student information
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Documentation of attendance
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Extended School Year (ESY) determination
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Consideration of factors for IEP development/annual reviews
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Assessment data
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Transition planning
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Present levels of academic achievement and functional performance
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Annual goals
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Services
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Statewide testing
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Placement
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Prior Written Notice
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Consent
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How does a school determine the LRE for a student with disabilities?
The Individuals with Disabilities Education Act (IDEA) mandates that a student with a disability must be educated with general education students in the general education classroom to the maximum extent appropriate.
When determining the LRE, the IEP team must first consider placement in the general education environment (GEE) with the use of supplementary aids and services.
The GEE is the classroom in which all students would typically be educated. Removal from the GEE may occur only when the nature or severity of the disability is such that education in the GEE, even with the use of supplementary aids and services, cannot be achieved satisfactorily.
Removal from the GEE must be based on the student's Present Levels of Academic Achievement and Functional Performance, and must include justification through data and an explanation of why the student must be removed from the GEE.
In determining the LRE in which the IEP can be implemented, the IEP team must consider:
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The LRE
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The basis of the placement
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When to make and review placement decisions
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The student's neighborhood school
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The student's similar-age peers
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Harmful effects of placement
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The array of services and a continuum of placement options
Placement should be in the school the student normally would attend unless the IEP requires other arrangements, and then it is provided as close as possible to the student's home.
Placement decisions must be made individually for each student. The LRE may be very different for different students. Services and placement must be based on the student’s unique needs that result from his or her disability, and not on the category of disability or the availability of placement options, services, staff or space.
(Note this is an AI Summary--Cross check with official copy)
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