Update

 

The "Points of Noncompliance" for the Special Education department were a central element of the Special Circumstance Review that triggered the current State of Emergency in the Pocahontas County School System. These deficiencies were formally integrated into the district's Corrective Action Plan (CAP) in early 2025.

Specific Points of Noncompliance: Special Education

The West Virginia Department of Education (WVDE) identified several critical areas where the district failed to meet the standards of Policy 2419 (Regulations for the Education of Students with Exceptionalities):

• IEP Service Delivery: The review found a systemic lack of evidence that students were receiving the specific "minutes of service" mandated by their Individualized Education Programs (IEPs). There were frequent gaps in the service logs required to document that specialized instruction was actually occurring.

• Procedural Timelines: The district was cited for failing to meet federal and state deadlines for triennial re-evaluations and annual IEP reviews. This was largely attributed to the absence of a centralized administrative tracking system.

• WVEIS Data Integrity: Special education records within the West Virginia Education Information System (WVEIS) were found to be inaccurate, incomplete, or not updated in real-time. This hindered the state’s ability to monitor student progress and funding allocations.

• Secondary Transition Planning: For students at Pocahontas County High School (PCHS), the review noted that "Transition Plans"—which are required for students aged 14 and older—often lacked specific, measurable goals related to post-secondary education, employment, or independent living.

• Confidentiality and Record Keeping: Issues were identified regarding the secure storage and organization of special education files, which is a requirement under the Individuals with Disabilities Education Act (IDEA).

Current Resolution Status (January 2026)

As of the most recent updates, the district has been working to resolve these points alongside the counseling and administrative issues:

1. Integrated Transcript Audits: The counseling department’s recent effort to correct student transcripts has included a dedicated "cross-check" with the special education department. This ensures that students on the Alternate Assessment track are properly coded and receiving the correct credits toward graduation.

2. Peer File Reviews: Special education staff have implemented a "Peer Audit" process where teachers review one another's files to ensure compliance with Policy 2419 before documentation is finalized.

3. State Technical Assistance: The WVDE has provided on-site monitoring and technical assistance. A state-level coordinator has been mentoring the local Special Education Director to improve data entry and procedural consistency.

4. The Staffing Hurdle: While procedural compliance has improved, the district continues to struggle with the Special Education staffing shortage. The lack of certified personnel remains the primary "high-risk" factor that could prevent the district from fully exiting the State of Emergency.

The West Virginia Board of Education continues to monitor these points as part of its monthly oversight. The resolution of these special education issues is considered essential for the district to regain full local control.