Can the school conduct a reevaluation without my consent?

No, not for a reevaluation that involves new testing. The school must obtain your written consent before administering any new evaluations. If the school is reviewing existing data only (no new testing), they may not need consent for that review, but should notify you.

The school says they can just review existing records instead of new testing. Is that allowed?

Yes, but only if the team determines existing data is sufficient to establish continued eligibility and current needs. If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it. You can also request an IEE if you disagree with assessment decisions.

Can I waive the reevaluation?

Yes, the school may ask you to sign a document agreeing a reevaluation is not necessary. You are not required to agree. If you have any questions about whether current data is still accurate, declining to waive and requesting a full reevaluation is the safer choice.

What if the reevaluation results say my child is no longer eligible?

Don't sign anything you disagree with at the meeting. Ask for more time to review. You can request an IEE, file a state complaint, or request a due process hearing. Losing eligibility means losing services, this decision deserves careful scrutiny, especially if your child is still struggling.

State Special Education Rights

IEP Rights in West Virginia

West Virginia families have rights under federal IDEA and West Virginia Board of Education Policy 2419, administered through the West Virginia Department of Education. Here is what you need to know.

Meghan Moore, BCBA, M.A. Special Education

West Virginia Special Education Law

West Virginia students with disabilities are protected by federal IDEA and West Virginia Board of Education Policy 2419 (Regulations for the Education of Students with Exceptionalities), administered by the West Virginia Department of Education (WVDE), Office of Special Education. West Virginia follows the federal 60-calendar-day evaluation timeline.

Evaluation Timeline: 60 Calendar Days

From the date you provide written consent for an initial evaluation, West Virginia districts have 60 calendar days to complete all assessments and hold an eligibility meeting. Keep a record of when you submitted your consent and follow up in writing if you do not hear back promptly.

West Virginia's Child Find obligation requires schools to identify and evaluate children suspected of having a disability, including children who attend private schools within the district boundaries.

IEP Development and Annual Review

Once eligibility is confirmed, the IEP must be developed and in place as soon as possible. Annual reviews are required every 12 months. You can request an IEP meeting at any time if you believe changes are needed.

Required IEP team members: the parent, a general education teacher (if applicable), a special education teacher or provider, a district representative authorized to commit resources, a person who can interpret evaluation results, the student (where appropriate), and any others invited by either party.

Triennial Reevaluation

Reevaluation is required at least every three years. With written agreement from both parent and district, formal testing may be waived if both agree existing data is sufficient. Even with a waiver, the team must still review existing data and confirm continued eligibility.

Least Restrictive Environment

West Virginia requires placement with nondisabled peers to the maximum extent appropriate. Removal from general education must be justified and documented in the IEP. A full continuum of placement options must be available in each county.

Transition Planning

Transition planning must begin by age 16. The IEP must include measurable postsecondary goals, transition services, and a course of study. Students must be invited to all IEP meetings that include transition planning. West Virginia Division of Rehabilitation Services (DRS) collaborates with schools on transition planning for students with disabilities.

Parent Rights and Procedural Safeguards

West Virginia must provide your procedural safeguards notice at initial referral, at each annual IEP, when you request a copy, and when you file a complaint or request due process. You have the right to an IEE at public expense if you disagree with the district's evaluation. The district must either fund the IEE or initiate due process to defend its own assessment.

Dispute Resolution Options

State Complaint: File a written complaint with WVDE Office of Special Education. The state has 60 calendar days to investigate. Complaints must be filed within one year of the alleged violation.

Mediation: West Virginia offers free voluntary mediation. Both parties must agree to participate. Agreements are legally binding.

Due Process: West Virginia due process hearings are conducted through WVDE. The two-year statute of limitations applies. After filing, the district has 15 days to hold a resolution meeting (unless waived), followed by a 30-day resolution period.

West Virginia Special Education Resources

WVDE Office of Special Education: (304) 558-2696 | wvde.us/special-education, state oversight, complaint procedures, and policy resources.

WV Parent Training and Information (WVPTI): (304) 624-1436 | wvpti.org, federally funded PTI center providing free training, information, and support for West Virginia families navigating special education.

Disability Rights West Virginia: (800) 950-5250 | drofwv.org, free legal advocacy for West Virginians with disabilities, including special education matters.

Frequently Asked Questions

How long does West Virginia have to evaluate my child for special education?

West Virginia must complete the initial evaluation and hold an eligibility meeting within 60 calendar days of receiving your signed consent for evaluation.

How do I file a special education complaint in West Virginia?

File a written complaint with the West Virginia Department of Education, Office of Special Education. The state has 60 calendar days to investigate and issue a written decision.

What PTI center supports West Virginia families?

WV Parent Training and Information (WVPTI) is the federally funded PTI center for West Virginia families, providing free training, advocacy support, and resources for navigating special education.