Understanding the Education of Students with Exceptionalities in WV

 The Individuals with Disabilities Education Act (IDEA) is a law ensuring services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities.

 (IDEA 2004), requires WV to set forth policies and procedures to demonstrate that they have established a goal providing full educational opportunity to all students with disabilities who are residents of West Virginia, aged birth through twenty-one years of age. West Virginia State Board Policy 2419 satisfies this federal requirement.

What is Special Education?  Special Education is any special instruction, at no cost to parents, designed to meet the unique educational needs of an eligible exceptional student. These services include instruction conducted in the classroom, home, hospitals and institutions.

IDEA Eligibility  Every school district is legally required to identify, locate, and evaluate children with disabilities (20 U.S.C. §1412(a)(3)). After the evaluation, the district may provide the child with specific programs and services to address special needs.

IDEA defines "children with disabilities" as individuals between the ages of three and 22 with one or more of the following conditions: mental retardation hearing impairment (including deafness) speech or language impairment visual impairment (including blindness) serious emotional disturbance orthopedic impairment autism traumatic brain injury specific learning disability, or other health impairment (20 U.S.C. §1401(3); 34 C.F.R. §300.8). For your child to qualify for special education under IDEA, it is not enough to have one of these disabilities. There must also be evidence that the disability adversely affects your child's educational performance.

The acronym IEP means … Initial Meeting An initial meeting where the school district determines whether or not your child is eligible for special education. Annual Meeting A yearly meeting where you and school representatives develop your child's educational plan. The Document A detailed written description of your child's educational program. In addition, the IEP is more than a written document, it’s a planning process.

Every written IEP document must include the same information, although forms will vary from one school district to another.  Current educational status -- a description of your child's current "academic achievement and functional performance" in school.  Goals and objectives -- "measurable annual goals" designed to meet your child's specific educational needs.  Instructional setting or placement -- a determination of the situation and services needed to provide your child with an appropriate education.  Transition services -- considerations of the vocational and placement needs for a child who is 16 or older.  Due process -- your right to take any dispute you have with your child's school district to a neutral third party for resolution. (Parents of children who are not in special education do not have this right.)

Definitions of Key Words  Acceleration – Moving through school work faster or earlier than usual.  Assistive Technology – Devices that help students overcome their weaknesses.  Consent – The “parent” is fully informed, understands, agrees in writing and voluntarily gives the “go ahead” for the activity to take place.  Due Process – A system that guarantees each individual equal protection and treatment under the law.  Extended School Year – An education program over 180 days per year, provided if a student has the potential to regress significantly during the summer months.  Free Appropriate Public Education (FAPE) – A legal guarantee that no child can be denied an education because of a disability; that education must be the appropriate type of instruction the child needs.  Individualized Education Program (IEP) – A written plan developed by educators, parents and related service personnel which serves as the main document for the exceptional student’s education.

Frequently Used Education Acronyms (Terms in Special Education) AcronymDescription ADD Attention Deficit Disorder ADHD Attention Deficit Hyperactivity Disorder AT Assistive Technology AYP Adequate Yearly Progress BIP Behavior Intervention Plan CD Cognitive Disability CEC Council for Exceptional Children CEIS Coordinated Early Intervening Services DOC Department of Corrections

Frequently Used Education Acronyms (continued) Acronym Description ESY Extended School Year FAPE Free Appropriate Public Education FBA Functional Behavioral Assessment FERPA Family Educational Rights & Privacy Act IDEA Individuals with Disabilities Education Act IEP Individualized Education Program LEA Local Educational Agency LEP Limited English Proficient LRE Least Restrictive Environment

Frequently Used Education Acronyms (continued) AcronymDescription NCLBNo Child Left Behind OCROffice for Civil Rights OHIOther Health Impairment OIOrthopedic Impairment OSEPOffice of Special Education Programs OSERSOffice of Special Education & Rehab. Services OTOccupational Therapy PTPhysical Therapy PLEPPresent Level of Educational Performance RTIResponse to Intervention SDDSignificant Developmental Delay SLDSpecific Learning Disability (formerly LD) TBITraumatic Brain Injury

What are the exceptionalities?  The term “exceptional children” is used to describe those children and young adults between the ages of three and twenty-one years, who differ from the average child in learning or academic characteristics and who need special education services.  Exceptionalities that we commonly see include: Autism, Behavior Disorders, Mentally Impaired, Other Health Impaired, Specific Learning Disabilities & Speech/Language Impairments.

Policy 2419: WV Regulations  Chapter #1FAPE  Chapter #3Evaluation/Reevaluation  Chapter #4Eligibility  Chapter #5 Individualized Education Programs  Chapter #6Administration of Services  Chapter #7Discipline  Chapter #10 Procedural Safeguards  Glossary