1. West Virginia Department of Education Introducing ……. Policy 2419: Regulations for the Education of Students with Exceptionalities

2. West Virginia Department of Education Session V Chapters 8-11 Presented by… Jim Parker Coordinator Office of Assessment and Accountability

3. West Virginia Department of Education Introducing…. Policy 2419: Regulations for the Education of Students with Exceptionalities http://wvde.state.wv.us/intro2419/

4. West Virginia Department of Education Office of Special Programs, Extended and Early Learning http://wvde.state.wv.us/ose/

5. West Virginia Department of Education TRAINING COMPONENTS  Presentation  Supplementary materials Participant notes Participant notes Policy 2419 (final document or bill Policy 2419 (final document or bill analysis version) analysis version)  Participant questions and WVDE responses  Training Calendar  Policy 2419 Training Synopsis

6. West Virginia Department of Education Policy 2419

7. West Virginia Department of Education SESSION V MAP

8. West Virginia Department of Education ADVANCE ORGANIZER The purpose of this session is to:  Provide an overview of significant revisions to Policy 2419; and and  Continue the dialogue regarding these revisions.

9. West Virginia Department of Education Chapter 8 p. 96 Section 2. Students Voluntarily Enrolled… E. Determining Funding…  If a district has not expended for equitable services for all of the funds described in the expenditure requirements by the end of the fiscal year, the district must obligate the remaining funds for special education and related services to parentally-placed private school students with disabilities (SWDs) during a carry over period of one additional year.

10. West Virginia Department of Education Chapter 9-General Supervision & Accountability p. 102 Section 1. General Supervision, A. Responsibilities of the WV Board of Education  …Adopt the National Instructional Materials Accessibility Standard (NIMAS) for the purposes of providing instructional materials to persons with blindness or other persons with print disabilities in a timely manner.

11. West Virginia Department of Education Chapter 9-General Supervision & Accountability p. 103 Section 1. General Supervision, B. Responsibilities of the WVDE  6. Policies and procedures are in place to prevent appropriate overidentification or disproportionate representation…..

12. West Virginia Department of Education Chapter 9-General Supervision & Accountability p. 107 Section 2. State Performance Plan, A. Performance Goals and Indicators  IDEA 2004 requires states to measure progress annually on performance goals and indicators established by the U.S. Department of Education for students with disabilities related to participation and results on statewide assessments, graduation rates, drop-out rates, disproportionality and suspension rates.

13. West Virginia Department of Education Chapter 10-Procedural Safeguards p. 115 Section 2. Procedural Safeguards Notice, B. When the Procedural Safeguards Notice is Provided  A parent/adult student may receive the procedural safeguards notice (and other required notices) by email if the district makes that option available.

14. West Virginia Department of Education Chapter 10-Procedural Safeguards p. 115 Section 3. Prior Written Notice (PWN)  Documentation of proposed decisions or refusals  At this time, previous training recommendations are in effect; PWN must be provided if: Parent does not attend the meeting Parent does not attend the meeting Parent/district disagreement occurs Parent/district disagreement occurs  PWN is HIGHLY recommended if uncertainty with regard to parent agreement exists  PWN can be documented in a variety of formats

15. West Virginia Department of Education Chapter 10-Procedural Safeguards p. 118 Section 6. Informed Consent, A. Informed Consent Required  Repeat from Chapters 1 and 5: Consent to access public insurance and private insurance Consent to access public insurance and private insurance Consent to invite other agency representatives who may be paying for or providing transition services Consent to invite other agency representatives who may be paying for or providing transition services

16. West Virginia Department of Education Chapter 10-Procedural Safeguards p. 119 Section 6. Informed Consent, C. Refusal to Give Consent  For initial evaluations, the district may not use mediation or due process procedures if consent for initial evaluation involves a student who has been parentally enrolled in a private school or is being home schooled.

17. West Virginia Department of Education Chapter 10-Procedural Safeguards p. 119 Section 6. Informed Consent, C. Refusal to Give Consent  If a parent refuses consent to respond to a request for consent to initial provision of special education and related services after the district has documented reasonable efforts to obtain consent, the district cannot use mediation or due process to obtain placement.

18. West Virginia Department of Education Chapter 10-Procedural Safeguards p. 120 Section 7. Independent Educational Evaluation (IEE), B. Procedures for Requesting an IEE  Within five days of a written request for an IEE, the district MAY ask for an explanation…  Within ten school days of the written request, the district must provide information where the IEE can be obtained and the agency criteria…

19. West Virginia Department of Education Chapter 10-Procedural Safeguards p. 121 Section 7. Independent Educational Evaluation (IEE), C. District Responsibilities…  Within ten school days of a written request for an IEE, the district must do one of the following: Agree in writing to pay for IEE and provide information Agree in writing to pay for IEE and provide information Offer mediation if parents agree Offer mediation if parents agree Request a due process hearing Request a due process hearing  Within ten school days of the written request, the district must provide information where the IEE can be obtained and the agency criteria…

20. West Virginia Department of Education Chapter 10-Procedural Safeguards p. 122 Section 8. Surrogate Parents, A. Referral for a Surrogate Parent  The district will make a good faith effort and maintain records of attempts to locate a parent.

21. West Virginia Department of Education Chapter 10-Procedural Safeguards p. 122 Section 8. Surrogate Parents, B. Criteria for Serving as a Surrogate Parent  In the case of a homeless student who is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs and street outreach programs may be appointed as temporary surrogates without regard to the above requirements until a surrogate can be appointed that meets all the requirements.

22. West Virginia Department of Education Chapter 11-Dispute Resolution p. 125 Section 1. State Complaint Procedures, A. Responsibilities of an Individual/Organization …. 3. signature and contact information for the complainant; 4. If alleging violations against a specific student: a. Name and address of the residence of the student; b. Name of the school the student is attending; c. In the case of a homeless student...contact information; d. Description of the nature of the problem….; and e. Proposed resolution to the problem…

23. West Virginia Department of Education Chapter 11-Dispute Resolution p. 126 Section 1. State Complaint Procedures, A. Responsibilities ….  The WVDE has made available a form for filing a state complaint. Although the use of this form is not required, the complaint must be in writing and meet the requirements of 1-4.  For the state special education complaint form, go to: http://wvde.state.wv.us/osehttp://wvde.state.wv.us/ose and click on Dispute Resolution http://wvde.state.wv.us/ose

24. West Virginia Department of Education Chapter 11-Dispute Resolution p. 127 Section 1. State Complaint Procedures, D. Early Resolution to State Complaints  Either district or parent may request  Voluntary  Informal conference  15 days to resolve issues or district must submit written response to allegations and investigation begins  Issues not resolved through early resolution are investigated  Beneficial to all parties!

25. West Virginia Department of Education Chapter 11-Dispute Resolution p. 131 Section 3. B. Due Process Complaints  due process hearings vs. due process complaints

26. West Virginia Department of Education CLOSING  Questions  Responses to questions submitted will be posted within three business days on the Introducing…Policy 2419 and the OSP websites  Evaluation