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Office of Diversion and Transition Programs
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Office of Diversion and Transition Programs

Special Programs


Individualized Education Plan


Process Forms




Procedural Safeguards




Age of Majority




FAQs & Facts



Memos of Clarification








State Assessment


Steering Committee








Power Point Presentations


Individualized Education Plan

Web-Based IEP Login:

  • All IEP must be loaded into the web-based system beginning January 1, 2011.
  • Please send all questions, concerns and comments to one of the core team members in your region.

Blank IEP Form (PDF):

  • Select: IEP Form Matches Online IEP (dated 05/2013)
Process Forms

Prior Written Notice (PDF)

  • PWN of District's Proposal/Refusal is a form that informs parents/adult students of IEP team based decisions.
    • PWN must be sent after each IEP team MEETING, regardless of the level of participation.
    • Initiation date for the IEP must be 5 days after IEP meeting to allow for possible due process (even if parent participate in meeting)

Amendment Form (PDF)

  • An Amendment documents an agreement/change to a valid IEP and is completed without a meeting.
    • As a result, you will send the parent/adult student 1) Amendment page or 2) Amendment and revised IEP
    • Initiation date must be 5 days after the meeting date to allow for possible due process (since PWN is built in)
    • Attach amendment page to front of the valid IEP that was amended
    • Amendments should only be considered when documenting a few changes (Ex: LRE, goal revisions, present level s, or D vs. I services)
    • Note: Originally, we were advised that we didn't have to send PWN when amending; now we must send PWN when amending an IEP.

Notice of EC and/or IEP Team Meeting (PDF)

  • Send Meeting Notice to invite/inform others about upcoming meetings.
    • Remember to mark Procedural Safeguards enclosed or provided.
    • When possible, notices should be sent 30 days prior to annual meeting date.
    • Notices MUST be sent a minimum of 8 days prior to meeting, unless waived by parent/adult student
    • Plan ahead when scheduling meetings to prevent a lapse in service and non-compliance
    • Document contact attempts: Reasonable effort = 3 attempts: at least one by mail (ensure correct contact info)
    • If no response, after 3 attempts, conduct the meeting and send PWN of decisions made.
    • Consolidate meetings if possible
    • If necessary, in 1 meeting, the team can make reevaluation decisions, determine continued eligibility and develop an IEP

Notice of Evaluation/Re-Evaluation Request (PDF)

  • This notice is sent to parents/adult students to gain permission to conduct initial evaluation or re-evaluation.
  • Send this notice IF the IEP team determines additional assessments are necessary or for initial evaluations
    • Evaluation Components page accompanies Notice to provide an explanation of the evaluation components
    • Eligibility MUST be reestablished at least every three years, to determine if the student continues to meet the State criteria to be eligible for special education services.
    • If the IEP team decides that NO additional assessments are needed, the district must provide PWN explaining the determination, reasons and his/her right to request an assessment. (Page 12-15)

In Lieu of IEP Team Attendance Report (PDF)

  • As long as one general educator is present during the meeting (required), you will not use this form

Re-evaluation Determination Plan (PDF)

  • A Re-evaluation Determination Plan is completed prior to the reevaluation due date & documents any additional evaluations to be completed & current status. (RDP MUST be completed prior to re-establishing eligibility)
    • If further evaluations are needed to determine continued eligibility, permission must be obtained, evaluations completed & an EC conducted prior to triennial due date.
    • If NO evaluations are determined necessary, the EC must determine eligibility based on existing data on or before the triennial due date.
    • Typically, the RDP is completed well in advance of the triennial EC meeting; however, OIEP will need to complete it prior to or at the beginning of the EC/IEP meeting.
    • Indicate the evaluations that have already been completed in column 1, Describe Current performance/status in column 3 and then mark Y or N to determine whether additional evaluations are needed.

Eligibility Committee Report (PDF)

  • Eligibility Committee Report documents that the EC committee considered a variety of reports and relevant information concerning eligibility. (Initial & triennial)
  • Check all reports/data considered even if using old reports. (PWN must be provided)
  • This form must be completed during a triennial, even if the IEP team determines that no additional evaluations are needed

Eligibility Determination Checklist (PDF)

  • Eligibility Determination Checklist helps the Eligibility Committee consider all eligibility criteria relevant to any suspected exceptionalities.
    • This tool must be used when making eligibility decisions. Attach the Eligibility Determination Checklist to the Eligibility Committee Report.

SLD Team Report (PDF)

  • Specific Learning Disability (SLD) Team Report is a required form when making eligibility decisions for students with a learning disability.
    • This form must be completed during a triennial when continued SLD eligibility is determined.
    • Policy 2419 phases out the use of the severe discrepancy model for the initial determination of a specific learning disability as follows:

Summary of Performance (PDF)

  • Summary of Performance must be completed when a student is exiting special education. This may be due to graduation or aging out.
    • Attach academic transcripts and relevant transition assessment data to this form. (1 copy to parent/adult student and 1 copy in file)

PWN for Revocation (PDF)

  • This form should be used after a parent/adult student has expressed in writing a desire to stop receiving special education services.
    • This PWN informs parents/ adult students of the many realities of revocation.


OIEP Specific IEP Guidance (PDF)

  • This Guidance was created from Policy 2419 and IEP professional development sessions and is OIEP specific
    • This document was created to ensure consistent, quality IEPs throughout OIEP schools. (Use as an example)

Procedural Safeguards

Procedural Safeguards (PDF)

  • This booklet informs parents/adult students of their legal rights and should be provided to them annually
    • Set Printer to Print on both sides to produce complete booklet.


Exit Survey

  • Students who EXIT SPECIAL EDUCATION via graduation or age out must complete this form prior to exit.
    • Exit surveys can be submitted on-line or can be printed and completed.
    • If printing/completing, send surveys to central office: Attn: Jared

1 year Follow-Up Survey

  • Students who EXIT SPECIAL EDUCATION via graduation or age out can complete this form 1 year after exiting.
    • Exit surveys can be submitted on-line or can be printed and completed.
    • If printing/completing, send surveys to central office: Attn: Jared

Transition Resources & Services

  • This site, updated by the Office of Special Programs, is full of transition resources and materials.
    • Find brochures, web resources, guidance documents and inventories at this link.
    • Also found under the Parent/Public Partnerships tab of the Office of Special Programs website.

Age of Majority

Age of Majority (PDF)

  • This pamphlet informs students about the Transfer of Rights that occurs when they reach the age of 18.
    • This document should be given to students who will be turning 17 within 12 months of the meeting date.
    • Age of Majority pamphlet can be given sooner if appropriate.
    • Once students' reach the Age of Majority, they assume rights and MUST be provided a copy of meeting notices.


Policy 2419 (PDF)

  • WVBE: Policy 2419 is West Virginia's interpretation of Federal Policy IDEA: 2004.
    • Policy 2419 establishes the regulations for compliance with the federal Individuals with Disabilities Education Act of 2004 (IDEA 2004), and WV Code, Chapter 18, Article 20 regarding provision of services to students with exceptionalities.
    • Federal law supersedes state laws.

FAQs & Facts

Special Education FAQ and Facts (WORD)

  • This document addresses some of the formerly unclear areas of special education.
    • This document reflects clarifications received from the monitors and the Office of Special Programs.
    • If there are any discrepancies, always refer to Policy 2419.

Memos of Clarification

13 days (WORD)

  • This memo clarifies the special education timeline when a student transfers from a WV school to an OIEP school


Discipline Flowchart (PDF)

  • This flowchart outlines the requirements when disciplining students with exceptionalities.

Manifestation Determination Review (PPT)

  • Manifestation Determination Review (MDR) Process is used when a student with an IEP exceeds 10 days of removal from class (cumulative or consecutive)
    • If there IS a pattern to the behavior... and the behaviors are determined to be a manifestation of the disability, you cannot suspend the student. (ISS suggested)
    • If there is NO pattern to the behaviors... the student can be removed from school; however, you must still provide and document educational services.


WVEIS Data Worksheet (WORD)

  • This sheet must be completed by the special educator and submitted to the school WVEIS contact for entry into the WVEIS system.
    • This form must be completed for every student with exceptionalities who enrolls.
    • This form must also be completed after EC/IEP meetings that lead to changes within the student data.

Maintaining Student Special Education Records (PDF)

  • This guidance document outlines the requirements for maintaining data for students with exceptionalities.



  • This guidance document outlines the requirements for maintaining data for students with exceptionalities.
    • Power Point should be part of annual professional development completed at the beginning of school

Disclosure of Records Form

  • We are required to maintain and post a list of the individuals that have the need and permission to access records.
    • This document should be visibly posted on the lockable cabinet where student records are stored.


Statewide Assessment

Guidelines for Participation (PDF)

  • This guidance document provides policy guidance to help students with disabilities receive the appropriate accommodations in statewide assessments and assist teachers and schools to work within the framework of federal law and state policies.
    • Applies to all WV Measures of Academic Progress (WV-MAP) assessments

Assessment and Diploma Decisions

  • This document provides guidance to IEP teams as they make assessment and diploma decisions.
    • Includes FAQ and assessment checklist

Steering Committee

Committee Members

  • The Office of Institutional Education Programs has a steering committee that helps to 1) guide the decisions that we make and 2) maintain compliance with all federal legislation and state laws/procedures.
    • Robert Buckland, Principal, Beckley Center School
    • Joe Michael, Principal, Kenneth "Honey" Rubenstein Juvenile Center
    • Dorinda Smith, Teacher, Lakin Correctional Complex
    • Helen Bean, Teacher, Barboursville School
    • Annette Wright, Teacher, WV Industrial Home for Youth
    • Rodney Stansberry, Teacher, Pressley Ridge at White Oak Village
    • Neil Kisamore, Teacher, Kenneth "Honey" Rubenstein Center
    • Chris Good, Principal, Donald R Kuhn/Tiger Morton Juvenile Centers
    • Jared Hughes, Coordinator, WVDE
    • Jacob Green, Spec. Asst. to Chief, WVDE


General File Review Checklist(PDF) *DO NOT CLICK SUMBIT ON FORM* Please ONLY Print.

  • This compliance document highlights the components of a quality special education file from referral to placement.
    • Special Educators can utilize this checklist for constant self-monitoring.
    • Steering members will complete this checklist for multiple student files during the internal audit visit

Transition File Review Checklist

  • This compliance document highlights the transition indicators that OIEP juvenile schools must meet.
    • Students are randomly selected annually for transition file reviews.
    • Steering members will review transition during the internal audit.
    • The Coordinator will complete the Transition File Reviews for the selected students.



Documentation Forms

Medicaid FAQs (WORD)

  • This document answers questions regarding Medicaid billing for OIEP schools.

Section 504

504 FAQs (PDF)

  • This document captures many questions regarding Section 504 services.

Power Point Presentations

Special Education Compliance 9/17/2010 by Debbie Ashwell

  • This presentation was shared during the compliance session at our 2010 conference in Morgantown.
    • Includes an overview of the findings from the Summer 2010 audits
    • Summarizes the statewide issues found in many school audits
    • Summarizes the recent changes in Policy 2419