Each public agency shall implement federal and state laws, regulations and policies that affect the provision of quality educational opportunities. The State Board of Education promulgates regulations to implement this policy and commits the Department of Education to work with public agencies to provide educational services that are student focused, successful and accountable.
9.1.1. Responsibilities of the West Virginia Board of Education.
The responsibilities of the West Virginia Board of Education are outlined in Policy 2419 of the West Virginia Department of Education, Regulations for the Education of Exceptional Students.
9.1.2. Responsibilities of the WVDE.
The responsibilities of the West Virginia Department of Education are outlined in Policy 2419 of the West Virginia Department of Education, Regulations for the Education of Exceptional Students.
9.1.3. Responsibilities of Local Educational Agencies (Preston County Schools)
a. Preston County Schools has the responsibility for establishing and maintaining the special education programs and related services needed to provide a free appropriate public education for eligible exceptional students.
Responsible person
Superintendent or designee
b. Special education programs and services can be provided by any one or more of the following: a single local educational agency; two or more local educational agencies cooperatively; a regional educational service agency (RESA); or contract(s) for services from other public or private agencies or individuals.
Responsible person
Superintendent or designee
c. Preston County Schools must provide special education and related services to a student with an exceptionality in accordance with an individualized education program. However, Part B of the IDEA does not require any agency, teacher, or other person be held accountable if a student does not achieve the growth projected in the annual goals and objectives. These regulations do not relieve agencies and teachers from making good faith efforts to assist the student in achieving the goals and objectives listed in the IEP, or limit the parents' right to complain and ask for revisions in the student's program, or to invoke due process procedures, if a parent feels these efforts are not being made.
d. Preston County Schools shall have a system for accessing a parent's public or private insurance to provide or pay for services required to provide a free appropriate public education to an eligible student.
Immediately and prior to accessing parent's public or private insurance, the CASE or designee shall
e. It is the responsibility of Preston County Schools to:
A. establish written policy and procedures to implement these regulations and to provide a free public education for eligible exceptional students;
Responsible person
Superintendent or designee
Documentation
Policies and procedures
B. provide qualified staff who are appropriately trained and adequate in number to implement these regulations;
Responsible person
Superintendent or designee
Documentation
Personnel files, weighted caseloads lists
C. conduct referral, evaluation, IEP development and placement activities within the timelines specified in these regulations;
Responsible person
CASE or designee
Documentation
WVEIS, Student files
D. conduct sweep screening in accordance with WV Code §18-5-17;
Responsible person
CASE or designee
Documentation
Screening logs, health cards
E. provide the special equipment, materials and supplies required to implement these regulations and provide the services specified in students' IEPs;
Responsible person
CASE or designee
Documentation
IEPs, equipment inventory, purchase orders, LEA application
F. provide the assistive technology devices or assistive technology services or both, if specified in students' IEPs as a part of the students' special education, related services or supplementary aids and services;
Responsible person
CASE or designee
Documentation
IEPs, equipment inventory, purchase orders, LEA application
G. make available to exceptional students the variety of educational programs and services available to non-exceptional students served by the public agency, including, but not limited to, art, music, industrial arts, consumer and homemaking education, and vocational education;
Responsible person
CASE, designee, or onsite administrator
Documentation
IEPs, WVEIS (e.g., master schedule, class roster, course offerings, individual student schedule)
H. make available physical education services, specially designed if necessary, to every exceptional student, including students enrolled in separate facilities;
Responsible person
CASE, designee, or onsite administrator
Documentation
IEPs, WVEIS (e.g., master schedule, class roster, course offerings, individual student schedule)
I. provide specially designed vocational education, as needed;
Responsible person
CASE, designee, or onsite administrator
Documentation
IEPs
J. provide non-academic and extracurricular services and activities in such a manner as is necessary to afford exceptional students an equal opportunity for participation in those services and activities;
Responsible person
Onsite administrator or designee
Documentation
Club rosters, student schedule, team rosters, activity lists, IEPs
K. provide the opportunity for eligible exceptional students to earn the required credits for graduation;
Responsible person
Onsite administrator or designee
Documentation
IEPs, ISTP, permanent record, four year plan, graduation rates, drop-out data, post- secondary surveys
L. make available special education and related services to meet the needs of private school students with exceptionalities in the jurisdiction of the agency, including consulting with appropriate private school representatives on how to locate, identify and evaluate all private school students with exceptionalities;
Responsible person
Superintendent, CASE, or designee
Documentation
Services plan, county plan for serving exceptional students in private schools
M. make available a continuum of alternative placements to meet the needs of students with exceptionalities for special education and related services. The continuum must include instruction in regular classes, special classes, special schools, the home, hospitals and institutions, and make provisions for supplementary services, such as resource room or itinerant instruction, to be provided in conjunction with regular class placement;
Responsible person
Superintendent, CASE, or designee
Documentation
IEPs, December 1 child count
N. conduct hearing aid monitoring in accordance with established procedures to assure that hearing aids worn by students in schools are functioning properly;
The onsite administrator or designee shall notify county office of students who wear hearing aids.
Documentation
Correspondence, phone log
The CASE or designee shall at least annually provide training to teachers on monitoring hearing aids of students in their class.
Documentation
Training agendas, attendance roster
The teacher, onsite administrator, or designee shall monitor the hearing aid daily.
Documentation
Hearing aid log
The onsite administrator, teacher, or designee shall notify audiologist of mechanical problems within 24 hours of failure.
Documentation
Correspondence, phone log
The audiologist shall, as determined by the IEP team, conduct audiological and hearing aid electroacoustical analysis.
Documentation
Evaluation report
O. provide eligible exceptional students an instructional day and school calendar at least equivalent to that established for non-exceptional students of the same chronological age in the same setting;
At least annually, the Superintendent, CASE, director of transportation, or onsite administrator or designee shall review school schedule in comparison to arrival/departure times of exceptional students, and shall, within 1 business day, contact the Preston County Schools director of transportation if school day is not equivalent due to transportation issues.
Documentation
Bell schedules, bus schedules, memorandum, phone log, written contact documentation.
At least annually, the IEP team shall determine if a student requires a shortened day by reviewing multidisciplinary evaluation data including a written report from a licensed physician that verifies the disability or impairment, the severity of the condition and the degree to which this limits the students ability to attend school for a full instructional day.
Documentation
Evaluation reports, physician's report
When appropriate, the IEP team chair shall document on the IEP any reduction in the length of school day for a student whose physical disability, health/emotional impairment interferes with his/her ability to attend or benefit from a full instructional day.
Documentation
IEP, physicians report
P. provide classrooms to eligible school age exceptional students in close proximity to classrooms for age appropriate non-exceptional peers;
Responsible person
Superintendent or designee
Documentation
Schematic drawings
Q. provide services for eligible exceptional students in school and/or community settings that serve age appropriate non-exceptional peers;
Responsible person
Superintendent or designee
Documentation
Enrollment data, interagency agreements
R. provide classrooms for eligible exceptional students that are adequate, and that are comparable to the classrooms for non-exceptional students;
Responsible person
Superintendent or designee
Docmentation
Schematic drawings
S. provide classrooms/facilities for eligible exceptional s tudents with physical and/or sensory impairments that are in compliance, to the extent necessary, with the requirements of the Americans with Disabilities Act, the Rehabilitation Act of 1973, Section 504, the specifications outlined in West Virginia Code, Chapter 18, Article 10F, and the current Uniform Federal Accessibility Standards;
Responsible person
Superintendent or designee
Docmentation
Schematic drawings, school, county facilities plan
T. provide transportation, specially designed if necessary, for all students with exceptionalities in accordance with West Virginia Code 18-5-13 and State Board of Education policies governing transportation;
The IEP team shall provide a written description of the special transportation services needed to the Director of Transportation
Docmentation
IEP
The director of transportation shall arrange for transportation
Docmentation
Bus schedule, data base
U. collect and maintain current and accurate student data for planning the delivery of a free appropriate public education and report data as required;
Responsible person
CASE
Docmentation
WVEIS, county database, IEPs
V. collect, maintain and disclose personally identifiable student data in accordance with state and federal confidentiality requirements;
Responsible person
Superintendent, CASE or designee
Docmentation
Requests for records, record of access, annual notice on the collection, maintenance and disclosure of student data, district procedures for WVDE policy 4350.
W. conduct ongoing program evaluation to evaluate and improve the effectiveness of services provided to eligible exceptional students;
The CASE, onsite administrator or designee shall annually conduct ongoing program evaluation to include the following:
-- needs assessment
-- review of USIP/UCIP
-- self-assessment
-- student assessment data
-- drop-out data
-- graduation rates
-- post-secondary outcomes
-- disciplinary trends/data
--state/county testing data
-- disproportionality based on race/ethnicity
Docmentation
LEA application, USIP/UCIP, county data reports, WVEIS report
X. monitor the compliance with the regulations of agencies, organizations, or individuals who provide contractual special education and/or related services;
The CASE shall, during the school term as appropriate for each activity, determine compliance by:
-- reviewing evaluation reports
-- collecting and reviewing progress notes;
-- reviewing billing information;
-- collecting and reviewing service logs; and
-- reviewing parent input, as appropriate
Docmentation
Contracts, invoices, evaluation reports, progress notes, contact log
Y. inform other agencies, organizations, or individuals of the state and federal requirements pertaining to the education of exceptional students;
At the beginning of each school year and as scheduled throughout the school year, the CASE shall
-- Inform agencies, organizations, and other public that copies of regulations and these procedures are available.
-- Offer to provide training regarding these procedures.
-- Conduct conferences, workshops and/or training sessions to agencies, organizations and/or individuals to review regulations and procedures.
Docmentation
Letters on file, brochures, training agendas, interagency agreements
and
Z. establish policies and procedures which include a practical method for determining which students are receiving needed special education and related services and which students are not currently receiving special education and related services.
The CASE shall collect and maintain current and accurate student data for planning the delivery of a free appropriate public education and report data as required by:
Docmentation
WVEIS, class lists, IEP, drop/add forms, requests for records
Docmentation
Medical records, disciplinary records, correspondence
Docmentation
Correspondence
Docmentation
WVEIS, attendance records, class roster