Acceleration

Moving through a prescribed course of study at a faster or earlier rate. Acceleration includes, but is not limited to: compacted classes/schedules, testing out, advanced placement (if college credit is earned), fast-paced curriculum and high school credit for college classes.

Adaptive Physical Education

General physical education, which has been modified or adapted, so that a student with disability can participate in the general physical education program.   Modifications  may include, but are not limited to, instructional adaptations and/or modified or specialized equipment.

Adaptive Skills

Those skills necessary to function adequately within a person's present environment. These skill areas are: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure and work.

Adolescent Education 

The educational program that addresses the intellectual, physical, social/emotional and transition needs of learners aged fourteen through twenty-one for special education across all programs and areas of study in grades nine - twelve.

Adult Education 

The educational program that addresses the intellectual, physical, social/emotional and occupational needs of persons sixteen years old and older who presently are not enrolled in a public school.

Adversely Affects    

Interferes with the student's educational performance to the extent that the student is unable to achieve in the general education program within the range of functioning of the student's chronological age peers without exceptionalities.

Age-Appropriate

The term applies to peers of similar chronological ages or settings in which peers of similar chronological ages without exceptionalities are served.

Annual Goal  

Measurable statements developed from the present levels of educational performance that project what a student with an exceptionality can reasonably be expected to accomplish within a twelve-month period. For students with exceptionalities, annual goals must relate to helping students be involved in and progress in the general curriculum. For students with disabilities, annual goals will also address other educational needs that arise due to the student's disability and help them participate in extracurricular and nonacademic activities.

Assistive Technology Device

Any item, piece of equipment or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of students with disabilities. The term does not include a medical device that is surgically implanted, or the replacement of such a device.

Assistive Technology Service

Any service that directly assists a student with a disability in the selection, acquisition or use of an assistive technology device. The term includes:

1. The evaluation of the needs of a student with a disability, including a functional evaluation of the student in the student's customary environment;

2. Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by students with disabilities;

3. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of assistive technology devices;

4. Coordinating and using other therapies, interventions or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

5. Training or technical assistance for a student with a disability or, if appropriate, that student's family; and

6. Training or technical assistance for professionals, (including individuals providing education or rehabilitation services) employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of the student with a disability.

Audiological Services

Services provided by a qualified audiologist include:

1. Identification of students with hearing loss;

2. Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing;

3. Provision of habilitative activities, such as language habilitation, auditory training, speech reading (lip-reading), hearing evaluation, and speech conservation;

4. Creation and administration of programs for prevention of hearing loss;

5. Counseling and guidance of pupils, parents, and teachers regarding hearing loss; and

6. An appropriate aid, and evaluating the effectiveness of amplification.

Behavior Intervention Plan (BIP)

Written, purposeful and individualized plan based upon a student's functional behavioral assessment. The BIP describes the positive behavioral interventions, strategies and supports required to implement the student's IEP goals and objectives in the areas of social, emotional and/or behavioral development. The BIP may include, but is not limited to:

1. Environmental modifications that reduce the likelihood of the problem behavior;

2. Guidance, structured opportunities and/or instruction in the use of new skills as a replacement for problem behaviors;

3. Consequences to promote positive change and diminish problem behavior;

4. A crisis management plan (if appropriate); and

5. Procedures for monitoring, evaluating and reassessing the plan as necessary.

Benchmarks/Objectives

Measurable, intermediate steps between a student's present levels of academic achievement and functional performance and the annual goals. Objectives are based on a logical breakdown of the major components of the annual goals.

Business Day

Means Monday through Friday, except for Federal and State holidays, (unless holidays are specifically included in the designation of business day).

Case Management

The maximum number of students for whom a special education teacher has primary responsibility in performing the administrative functions of the IEP process including:

1. Setting up meetings;

2. Ensuring appropriate forms are completed;

3. Ensuring timelines are met; and

4. Notifying participants of the times and dates of meetings.

Class List

The maximum number of students for whom a special education teacher has responsibility for direct instruction per instructional period.

Close Adult Supervision

The provision of staff to address the behavioral, academic, medical, health, safety or other needs of a student to enable them to make progress toward the goals of their IEP and be educated in the least restrictive environment.

Collaboration

A style of interaction in which two or more professionals work together toward a common goal.

Communication

Includes the ability to comprehend and express information through symbolic behaviors (e.g., facial expression, body movement, touch, gesture). Specific examples include the ability to comprehend and/or receive  a  request,  an  emotion,  a  greeting,  a  comment,  a  protest,  or rejection. Higher level skills of communication (e.g., writing a letter) would also relate to functional academics.

Community - Settings 

Community environment(s) in which the student will be expected to use/apply the skills or behaviors that are being learned.

Community Use 

Refers to the appropriate use of community resources. This includes traveling in the community, shopping for groceries and other items, purchasing or obtaining services from community businesses (e.g., gas stations, repair shops, doctor's offices), attending places of worship, using public transportation, and using public facilities (e.g., schools, parks, libraries, recreational centers, streets, sidewalks, theaters). Related skills include appropriate behavior in the community, indicating choices and needs, social interaction, and the application of functional academics.

Confidentiality

The protection of all personally identifiable data, information and records collected or maintained by any agency or institution under the general supervision of the West Virginia Board of Education.

Consent

1. The "parent" has been fully informed of information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication;

2. The "parent" understands and agrees in writing to the carrying out of the activity for which her or his consent is sought, and the consent describes that activity and lists the records (if any) which will be released and to whom;

3. The "parent" understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time; and

4. If a "parent" revokes consent, that revocation is not retroactive (i.e. it does not negate an action that has occurred after the consent was given and before the consent was revoked).

Consultation

An interaction in which a party provides assistance and expertise to assist another party.  A special education teacher in WV who is not  certified or highly qualified in the core academic area being taught serves in a consultative role as he or she contributes to teaching and learning in that core content area.  Examples of these responsibilities are provided in Policy 5202.

Continuum of Alternative Placements

A range of settings in which eligible students with exceptionalities receive special education and related services

Controlled Substance

A drug or other substance identified under schedules I, II, III, IV, or V in Section 202(c) of the Controlled Substances Act (21 U.S.C. 812 (c)).

Core Academic Subjects

English, reading or language arts, mathematics, science, foreign language, civics and government, economics, arts, history and geography.

Co-teaching

When two or more educators co-plan, co-instruct, and co-assess a group of students with diverse needs in the same general education classroom.

(Murawski, 2005)

A special education teacher in WV who is co-teaching in a core academic area within the co-teaching model must be highly qualified in the core content area being taught.

Counseling Services

Services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel.

Critical Skills

The cognitive, physical, communication, and/or social/emotional abilities needed for the student to maintain current levels of performance.

Dangerous Weapon

A weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except that such a term does NOT include a pocket knife with a blade of less than two and one-half inches in length (18 U.S.C. Section 930(g)(2)).

Day; Business

Day means calendar day unless otherwise indicated as school day or business day. 

Day; School Day

Business day means Monday through Friday, except for Federal and State holidays (unless holidays are specifically included in the designation of business day.)  School day means any day, including a partial day that students are in attendance at school for instructional purposes.  School day has the same meaning for all students in school, including students with and without exceptionalities.

Destruction

Physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable.

Direct Services

Instruction, therapy or interventions provided one-on-one or in groups to an eligible student with an exceptionality in school, home or community settings.

Disciplinary Removal

Any instance in which a child is removed from his/her educational placement for disciplinary purposes, including in-school suspension, out-of school suspension, expulsion, removal by school personnel to an interim alternative educational setting for drug or weapon offenses or serious bodily injury, and removal by hearing officer for likely injury to self or others.

District 

Has the same meaning as county school or local education agency.  In West Virginia there are fifty-seven local school districts which include the fifty-five county districts, the West Virginia Schools for the Deaf and Blind and the schools operated by the WVDE, Office of Institutional Education Programs.

Drug Offenses

The use, possession, sale, or solicitation of drugs as identified in 21 U.S.C. Section 812(c).  These offenses do not include use, possession, sale or solicitation of alcohol or tobacco.

Early Childhood Education

The educational program that addresses the intellectual, physical, and social/emotional needs of learners age three through ten, across all programs and areas of study in grades Pre-K - four.

Early Identification and Assessment

The implementation of a formal plan for identifying a disability as early as possible in a child's life.

Economically Disadvantaged

A student whose family income meets the federal guidelines for reduced or free school lunch.

Education Records

Those records which are directly related to a student and are collected, maintained or disclosed by an educational agency or institution or by a party acting for the agency or institution.

Educational Performance

A student's functioning (or performance) relative to age/grade performance in programs of study, basic communication skills, social interaction and emotional development within the school and/or community environments.

Educational Service Agency

Means a regional public multi-service agency:

1. Authorized by State law to develop, manage and provide services or programs to local educational agencies;

2. Recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary and secondary schools of the State; and

3. Includes any other public institution or agency having administrative control and direction over a public elementary or secondary school.

Eligible Exceptional Students 

Those individuals who, in accordance with the definitions, eligibility criteria, procedures and safeguards contained in this document, have been identified as having one of the following exceptionalities:

1. Autism, emotional/behavioral disorder, blindness and low vision, speech/language impaired, deaf blindness, deaf and hard of hearing, gifted, exceptional gifted (grades nine - twelve) mentally impaired, orthopedically impaired, other health impaired, developmental delay, specific learning disability, traumatically brain injured; and

2. Need special education.

Eligible Students with Exceptionalities

Those individuals who are gifted or exceptional gifted as defined in Chapter Five of this Policy and/or eligible students with disabilities and who, by reason thereof, need special education

Eligible Students with Disabilities

Those individuals who have one or more of the disabilities defined in IDEA 2004 and Chapter 5 of this Policy and who, by reason thereof, need special education.

Equipment 

Means:

1. Machinery, utilities, and built-in equipment and any necessary enclosures or structures to house the machinery, utilities, or equipment; and

2. All other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture; printed, published and audio-visual instructional materials; telecommunications, sensory, and other technological aids and devices; and books, periodicals, documents, and other related materials.

Evaluation

Procedures used in accordance with the protection in evaluation requirements of IDEA 2004 to determine whether a student is exceptional and the nature and extent of the special education and related services that the student needs. The term means procedures used selectively with an individual student, and do not include basic tests administered to or procedures used with all students in a school, grade, or class.

Executive Skills

Those functions which enable a person to plan, sequence and self-monitor multi-step activities and engage in organized, purposeful behavior.

Expulsion

An action taken by the district removing a child from his/her regular school for disciplinary purposes for the remainder of the school year or longer, in accordance with district policy.  Includes removals resulting from violations of the Gun Free Schools Act that are modified to less than 365 days.

Extended School Year Services

Special education and related services that are provided to a student with a disability beyond the normal school year of the district, in accordance with the student's IEP, and at no cost to the parents of the student; and that meet the standards of the state educational agency.

Firearm

Any weapon which will expel a projectile by action of an explosion

Formative Assessment

An on-going classroom based assessment of student progress within an instructional program, which provides feedback to the student and information for the teacher to use in making necessary instructional adjustments, such as reteaching, alternative approaches or more opportunities for practice.

Free Appropriate

Special education and related services which:

Public Education (FAPE)                     

1. Are provided at public expense, under public supervision and direction, and without charge to the parent;

2. Meet the standards of the state education agency, including the requirements of these regulations;

3. Include preschool, elementary school or secondary school education in the State, and

4. Are provided in conformity with an Individualized Education Program.

Functional Behavioral Assessment (FBA)

A sequential, multi-step, team evaluation process that helps to determine the purpose and the effect of the problem behavior(s) so that IEP goals and objectives can be identified, and interventions and modifications can be developed and implemented, specifically through a student's Behavioral Intervention Plan. A FBA requires that both school personnel and the parents evaluate the behaviors of concern within the broader perspective of the student's home and school environments.

General Curriculum

The curriculum adopted by a district, schools within the district, or where applicable, the state education agency for all students from preschool through secondary school. In these regulations, the term means the 21st Century Content Standards and Objectives for West Virginia Schools.

General Education

An educational program designed to meet the needs of all students in Pre-K, early childhood, middle childhood, adolescent or adult education. Instruction in a general education program includes community based, general and/or vocational education.

General Intellectual Functioning

Acquired learning and learning potential as measured by a systematic evaluation with one or more of the individually administered general intelligence tests or procedures

Health and Safety

Maintaining one's own well being; appropriate diet; illness identification, treatment, and prevention; basic first aid; sexuality; physical fitness; basic safety (e.g., following rules and laws, using seat belts, crossing streets, interacting with strangers; seeking assistance), regular physical and dental check-ups; and daily habits. Related skills include protecting oneself from criminal behavior, indicating choices and needs, interacting socially and applying functional academics.

Historically Under-represented Gifted Population

Those students whose giftedness may not be apparent due to low socioeconomic status, a disability in accordance with this policy, or a background that is linguistically or culturally different.

Home Living

Daily functioning within a home; housekeeping, clothing care, property maintenance, food preparation, planning and budgeting for shopping, home safety and daily scheduling. Related skills include orientation, behavior in the home and neighborhood, communication of choices and needs, social interaction and application of functional academics in the home.

Homeless Children

As defined in the McKinney-Vento Homeless Assistance Act.

Illegal Drug

A controlled substance; but does not include such a substance that is legally possessed or used under the supervision of a licensed health-care professional, or that is legally possessed or used under any other authority under the Controlled Substances Act or under any other provision of Federal Law.

Include

Means that the terms named are not all of the possible items that are covered, whether like or unlike the ones named.

Independent Educational Evaluation 

An evaluation conducted by a qualified evaluator who is not employed by the district responsible for the education of the student in question, and who is selected by the party seeking the independent evaluation.

Indirect Services

Consultative services provided by a special education teacher or service provider to the individuals responsible for the provision of services described in the IEP to directly benefit the student. Indirect services include, but are not limited to, selecting or designing materials and/or activities, monitoring behavior management plans or evaluating progress on short term objectives.

Individualized Education Program (IEP)

A written statement for an eligible student with an exceptionality that is developed, reviewed and revised in accordance with Policy 2419 and IDEA 2004.

Individualized Education Program Team or IEP Team

A group of individuals described in regulations that is responsible for developing, reviewing or revising an IEP for an eligible student with an  exceptionality.

Individualized Family Service Plan (IFSP)

A written plan for providing early intervention services to a child and the child's family.

In-school Suspension

Instances in which a child is temporarily removed from his/her classroom(s) for disciplinary purposes but remains under the direct supervision of school personnel.  Direct supervision means school personnel are physically in the same location as students under their supervision.

Instructional Day

Minimum number of instructional minutes per program level as specified in Policy 2510.

Interim Alternative Educational Setting

An appropriate setting determined by the student's IEP Team in which the student is placed for no more than forty-five school days.  This setting enables the student to continue to receive educational services and participate in the general education curriculum (although in another setting) and to progress toward meeting the goals set out in the IEP.  As appropriate, the setting includes a functional behavioral assessment and behavioral intervention services and modifications to address the behavior violation so that it does not recur.

Interpreting Services

With respect to students with deafness or who are hard of hearing: includes oral transliteration services, cued language transliteration services, sign language transliteration and interpreting services, and transcription services, such as communication access real-time translation (CART), C-Print, and TypeWell; and special interpreting services for student with deaf blindness.

Least Restrictive Environment

The educational placement which provides the services/conditions necessary to meet the unique educational and behavioral needs of the student, while providing the student with integration to the maximum extent appropriate with peers without exceptionalities.

Leisure

A variety of leisure and recreational interests that reflect personal preferences and choices.  Public activities should reflect age and cultural norms. Skills include choosing and initiating activities, using and enjoying home and community leisure and recreational activities along and with others, playing socially with others, taking turns, choosing not to participate in leisure activities, participating longer and expanding one's awareness and repertoire of interests and skills. Related skills include behavior in the leisure and recreation setting, indicating choices and needs, social interaction and application of functional academics and mobility.

Local Educational Agency  

A public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for,  public elementary or secondary schools in a city, county, township school district, or other political subdivision of a State, or for a combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools.   The term includes:

1. An educational service agency, as defined in these regulations; and

2. Any other public institution or agency having administrative control and direction of a public elementary or secondary school.

Mediation

An informal, non-adversarial and voluntary process in which the parties involved in a dispute are given an opportunity through an impartial third party, called a mediator, to resolve their differences and find a solution satisfactory to the parties involved.

Medical Services

Services provided by a licensed physician to determine a student's medically related disability that results in the student's need for special education and related services.

Meeting  

A meeting does not include informal or unscheduled conversations involving district personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision if these issues are not addressed in the student's IEP. A meeting also does not include preparatory activities that district personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

Middle Childhood Education

The educational program that addresses the intellectual, physical, and social/emotional needs of learners aged ten through fourteen across all programs in areas of study in grades five - eight.

Multidisciplinary Evaluation

Comprehensive procedures used to determine whether a student is exceptional and the nature and extent of the special education and related services that the student needs. The term means procedures that are conducted by a team of individuals representing a variety of disciplines.  These procedures are used selectively with an individual student and do not include basic tests administered to or procedures used with all students in a school, grade or class.

Multidisciplinary Evaluation Team

A group of qualified personnel representing a variety of disciplines which determines the areas to be evaluated and conducts the multidisciplinary evaluation.

Native Language 

1. If used with reference to an individual of limited English proficiency, means the language normally used by that individual, or, in the case of a student, the language normally used by the parents of the student;

2. In all direct contact with a student (including evaluation of the child), the language normally used by the student in the home or learning environment; or

3. For an individual with deafness or blindness, or for an individual with no written language, the mode of communication is that normally used by the student (such as sign language, braille or oral communication).

Non-academic Services 

Non-academic and extracurricular services and activities are those provided by the local educational agency in addition to the required and elective programs of study. The term includes counseling, athletics, transportation, health services, recreational activities, special interest clubs or groups sponsored by the district, referrals to agencies which provide assistance, and employment of students, including both employment by the district and assistance in making outside employment available.

Non-aversive Behavioral Strategies

Strategies that are employed to change or maintain behavior without the application ofa noxious or painful stimulus or the use of a strategy that results in severe physical/ emotional stress/discomfort or the prolonged depravation of movement or basic biological needs.

Normal Rate or Level of Development

The average rate or level of developmental functioning as exhibited by students of the same chronological age. Rates or levels of development are  indicated by age- equivalency measures such as developmental age, mental age, developmental quotient, intelligence quotient, standard scores and percentile and are dependent upon the type of evaluation instrument used.

Objective Criteria 

Standards established to determine whether a student is learning or has achieved a skill and if instruction is effective

Occupational Therapy

Services provided by a qualified occupational therapist, which include:

1. Improving, developing or restoring functions impaired or lost through illness, injury or deprivation;

2. Improving ability to perform tasks for independent functioning if functions are impaired or lost; and

3. Preventing, through early intervention, initial or further impairment or loss of function.

Orientation and Mobility

Services provided to students with blindness or have low vision by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community, including:

1. Teaching students spatial and environmental concepts and use of information received by the senses (such as sound, temperature and vibrations) to establish, maintain or regain orientation and line of travel (for example, using sound at a traffic light to cross the street);

2. Teaching students to use the long cane, as appropriate, to supplement visual travel skills or as a tool for safely negotiating the environment for students with no available travel vision;

3. Teaching students to understand and use remaining vision and distance low vision aids, as appropriate; and

4. Other concepts, techniques and tools, as determined appropriate.

Out-of-School Suspension

Instances in which a child is temporarily removed from his/her school for disciplinary purposes to another setting (e.g., home, behavior center).  This includes both removals in which no IEP services are provided because the removal is ten days or less, as well as removals in which the child continues to receive services according to his/her IEP.

Out-of-State Placement

The placement of a student with a disability in a school/facility located outside of the state for special education and related services.

Parent

1. A biological or adoptive parent;

2. A guardian, generally a person authorized to act as the parent or authorized to make educational decisions for the child;

3. An individual acting in the place of a biological or adoptive parent (e.g., grandparent, stepparent or other relative) with whom the child lives, or an individual who is legally responsible for a child's welfare;

4. A foster parent, unless state law, regulations, or contractual obligations with a state or local entity prohibit a foster parent from acting as a parent; or

5. A surrogate parent who has been appointed in accordance with state and federal requirements.

The term does not include the state, if a child is a ward of the state. State law may provide that a foster parent qualifies as a parent under IDEA 2004 and this policy if:

1. The natural parents' authority to make educational decisions on the child's behalf has been extinguished under state law;

2. The foster parent has an ongoing, long-term parental relationship with the child;

3. The foster parent is willing to participate in making educational decisions on the child's behalf; and

4. The foster parent has no interest that would conflict with the interests of the child.

When more than one party is qualified to act as a parent, the biological or adoptive parent must be presumed to be the parent unless this individual does not have the legal authority to make educational decisions for the child.  If a judicial decree or order identifies a specific person or persons to act as the "parent" of a child or to make educational decisions on behalf of the child, then such person or persons must be determined to be the "parent" for purposes of implementing IDEA 2004 and Policy 2419.

Parent Counseling and Training

Assisting parents in understanding the special needs of their child, providing parents with information about child development and helping parents to acquire the necessary skills that will allow them to support the implementation of their child's IEP or IFSP.

Parent Training

Activities to improve the parents' understanding of child development, the specific educational needs of their exceptional child, procedural safeguards and surrogate responsibilities. The term includes the training of parents in specific skills relating to the management or education of the child while at home.

Parental Consent

See Consent.

Part B of the Individuals with Disabilities Education Improvement Act (IDEA)

Part B requires that states ensure students with disabilities aged three through twenty-one  are provided a free appropriate public education.  Part B services are overseen by the West Virginia Department of Education (WVDE) and implemented by the local school districts.  Educational services under Part B are designed and provided through the Individualized Education Program (IEP) process.

Part C of the Individuals with Disabilities Improvement Act (IDEA)

Part C requires that states have a statewide comprehensive coordinated interagency system of services for infants and toddlers with disabilities from birth through age two.

Under Part C, the governor designates a lead agency to implement Part C in the state. 

In West Virginia, the lead agency is the West Virginia Department of Health and Human Resources (WV DHHR).  Services under Part C are designed and delivered through an Individualized Family Service Plan (IFSP).

Participating Agency Personally Identifiable

A state or local agency, other than the public agency responsible for a student's education, that is financially and legally responsible for providing services to the student. Information that includes:

1. The name of the student, the student's parent, or other family member;

2. The address of the student;

3. A personal identifier, such as the student's social security number or student number; or

4. a list of personal characteristics or other information that would make it possible to identify the student with reasonable certainty.

Physical Education

The development of:

1. Physical and motor fitness;

2. Fundamental motor skills and patterns; and

3. Skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports).

The term includes special physical education, adapted physical education, movement education and motor development.

Physical Therapy Placement

Services provided by a qualified physical therapist. The setting in which the eligible exceptional student receives special education and related services. For students ages six  through twenty-one, these settings are:  General Education - Full-Time, General Education - Part-Time, Special Education - Separate Class, Special Education - Special School, Special Education - Out-of-School Environment and Special Education - Residential Facility. For students ages three - five, these settings are: Early Childhood Program, Special Education Program, Home and Service Provider Location.

Positive Behavioral Interventions, Strategies and Supports - (PBS)

A broad term that describes a comprehensive, research-based, proactive approach to behavioral support aimed at producing comprehensive change for students with challenging behavior. PBS encompasses multiple approaches: changing systems, altering environments, teaching skills and appreciating positive behavior. The goal of PBS is not to eliminate the behavior but to understand the behavior's purpose (based upon information from the student's functional behavioral assessment) so that the student can replace it with new, pro-social behaviors that achieve the same purpose. PBS strategies may include, but are not limited to:

1. Altering the classroom environment;

2. Increasing predictability and scheduling;

3. Increasing choice making;

4. Making curricular adaptations;

5. Appreciating positive behaviors; and/or

6. Teaching replacement skills.

Present Levels of Academic Achievement and Functional Performance

Specific statements that describe the effect of the student's exceptionality on his/her educational performance, including how the student's exceptionality affects the student's involvement and progress in the general education curriculum; or for preschool children, how the exceptionality affects the child's participation in age-relevant developmental activities. These statements are written in objective measurable terms, to the extent possible, using relevant information such as recent evaluation reports, statewide testing results, current progress data and parent information.

Prior Written Notice

A written notice to inform a parent/adult student of the district's proposal or refusal to nitiate or change the student's identification, evaluation, educational placement or provision of FAPE.  The notice must be provided to the parent/adult student within a reasonable amount of time prior to implementing the proposed action/refusal. 

Private/Religious School

An educational facility operated by a non-public agency or organization.

Procedural Safeguards Procedure

The due process protections afforded in the implementation of the West Virginia special education process. Any written course of action set forth to implement federal, state, and local policy which includes:

1. A description of the actions to be undertaken;

2. The criteria or standards to be used when decisions are required;

3. The person(s) responsible for such actions, and

4. The timelines for completion.

Written procedures shall describe actions in terms which are both measurable and operational.

Program of Study 

A Pre-K through grade twelve curricular sequence that constitutes the subject matter to be offered in the public schools of West Virginia (e.g., reading, mathematics, social studies, vocational education, business education).

Psychological Adjustment Disorder

Significant emotional or behavioral symptoms that adversely affect a student's educational performance documented by a comprehensive psychological evaluation.

Psychological Services

Includes:

1. Administering psychological and educational tests, and other assessment procedures;

2. Interpreting assessment results;

3. Obtaining, integrating and interpreting information about child behavior and conditions relating to learning;

4. Consulting with other staff members in planning school programs to meet the special needs of students as indicated by psychological tests;

5. Planning and managing a program of psychological counseling for students and parents; and

6. Assisting in developing positive behavioral intervention strategies.

Public Agency

State educational agency, regional educational agency, local educational agency and any other political subdivisions of the state which are responsible for providing education to students with exceptionalities.

Public Expense

The public agency either pays for the full cost of the service or ensures that the service is otherwise provided at no cost to the parent.

Qualified Personnel Recreation

A person who has met state educational agency approved or recognized certification, licensing, registration or other comparable requirements which apply to the area in which he or she is providing special education or related services.  Includes:

1. Assessment of leisure function;

2. Therapeutic recreation services;

3. Recreation programs in schools and community agencies; and

4. Leisure education.

Regression Formula 

A commonly used statistical procedure that provides an achievement range for a specific intelligence quotient. This method adjusts for the phenomenon of regression toward the mean, a statistical tendency for scores that are especially high or low to move toward the mean when measured a second time

Regression / Recoupment

The loss of acquired skills and the inability to relearn those skills in a specified amount of time

Rehabilitation Counseling Services

Services provided by a qualified rehabilitation counseling professional, in individual or group sessions, that focus specifically on career development, employment preparation, achieving independence and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to students with disabilities by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended.

Related Services

Transportation and such developmental, corrective and other supportive services as are required to assist an eligible student with an exceptionality to benefit from special education. The term includes, but is not limited to, assistive technology, audiology, interpreting services, speech and language pathology, psychological services, physical and occupational therapy, clean intermittent catheterization (CIC), recreation, including therapeutic recreation, counseling services, including rehabilitation counseling, orientation and mobility services, social work services in schools, school health services and school nurse services, early identification and evaluation of disabling conditions in students, medical services for diagnostic or evaluative purposes only and parent counseling and training.  Related services do not include a medical device that is surgically implanted, the optimization of that device's functioning (e.g., mapping), maintenance of that device or the replacement of that device. 

Removal by a Hearing Officer

Those instances in which an impartial hearing officer orders the removal of a student with a disability from his or her current educational placement to an appropriate alternative educational setting for not more than forty-five school days based on the hearing officer's determination that maintaining the student's current placement is substantially likely to result in injury to the student or others. The IEP Team is responsible for determining the alternative educational setting.

School Day 

Any day, including a partial day, in which students are in attendance at school for instructional purposes. A school day is the time inclusive of homeroom, class changes, breaks/recess, lunch and other non-instructional activities from the first designated assembly of the student body in groups (homeroom or first period) to the dismissal of the student body. The term school day has the same meaning for all students in school, including students with and without exceptionalities.

School Health Services and School Nurse

Health services that are designed to enable a child with a disability to receive FAPE as described in the child's IEP.  School nurse services are services provided by a licensed school nurse. School health services are services that may be provided by either  a qualified school nurse or other qualified person.

Secondary School 

A nonprofit institutional day or residential school that provides secondary education, as determined under State Law, except that it does not include any education beyond grade twelve.

Self-Care

Skills involving eating, dressing, grooming, toileting and hygiene.

Self-Direction

Making choices. Self-direction includes learning and following a schedule; initiating appropriate activities consistent with one's personal interests; completing necessary or required tasks; seeking assistance when needed; resolving problems in familiar and new situations; and demonstrating appropriate assertiveness and self-advocacy.

Serious Bodily Injury

A bodily injury that involves a substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ or faculty (18 U.S.C. Section 1365(3)(h))).

Serious Misconduct 

Any activity for which suspension or expulsion is a punishment for students unless, for a student with a disability, the behavior is a manifestation of that disability. These activities include:

1. Assault/battery on school employees (West Virginia Code §61-2-15);

2. Possession of a deadly weapon (West Virginia Code §61-7-11a);

3. Selling a narcotic drug on the premises of an educational facility, at a school sponsored function or on a school bus (West Virginia Code §60A-1-101);

4. Committing an act or engaging in conduct that would constitute a felony under the laws of this state if committed by an adult;

5. Unlawfully possessing on the premises of an educational facility or at a school sponsored function, a controlled substance governed by the Uniformed Controlled Substance Act;

6. Threatening to injure, or in any manner injuring, a pupil, teacher, administrator or other school personnel;

7. Willfully disobeying a teacher;

8. Possessing alcohol in an educational facility, on school grounds, a school bus or at any school-sponsored function;

9. Using profane language directed at a school employee or pupil;

10. Intentionally defacing any school property;

11. Participating in any physical altercation with another person while under the authority of school personnel; or

12. Habitually violating school rules or policies.

Service Plan

A written statement that describes the special education and related services to be provided by the district to a parentally-placed student with an exceptionality enrolled in a private school who has been designated to receive services, including the location of the services and any transportation necessary, consistent with Chapter 8 of this Policy and is developed and implemented in accordance with Chapter 5.