How to Read an IEP: West Virginia
Understanding Special Factors, Accommodations, Modifications, & State Testing Supports
West Virginia IEP Guide: Accommodations, Modifications, and State Testing
What is the testing, accommodations, and modifications section?
Terminology on this can get murky, but every single IEP has a section where a student’s accommodations and modifications for the classroom and for assessments is listed. This information is almost always broken into two sections– one for classroom accommodations and modifications and for testing accommodations and modifications. Testing accommodations and modifications are often broken up into classroom testing and state testing. That’s because state testing is really rule bound. Each state has a list of accommodations and modifications that students can be offered on state tests– and those are pretty limited. Like a student might be offered breaks, extra time, a separate setting, and noise canceling headphones for a state test. For classroom tests or instruction, the IEP team can often write in their own accommodations. For example, a student might need to sit away from their besties or sit near a door or sit near a teacher. Each of those is a classroom accommodation that can be listed in an IEP. For testing, a student might get a separate setting, double time, math content read aloud, a study guide, or even a free retake of a test. Basically, expect to see very few accommodations for a state test, slightly more for a classroom test, and far more for classroom instruction where there is no state mandated rubric of options to limit what students get.
A few key notes. 1) Accommodations change how something is done, modifications change what is done. Confused? Check out the page on it!; 2) Accommodations and modifications are legally required. That means that a teacher can’t say nope, don’t want to do it.; 3) Accommodations and modifications can be changed at any point with an amendment. If there is something a student wants or needs that isn’t on the IEP, you can add it really easily. A student asked last month for a break in class to be added to the IEP so we did. The parent didn’t even come in– I just sent paperwork home. Another student wanted headphones to cancel out distractions so we added that. Accommodations are a great area for students to practice self-advocacy and very, very easy to change. Just not on state tests. State tests are rule bound and you have very limited options for providing students with extra support on them.
Where are testing, accommodations, and modifications in the IEP?
Highly variable! Typically towards the end of the IEP. Sometimes in the middle end, sometimes at the very end. These are pretty dry so they are normally pushed towards the end.
How do testing, accommodations, and modifications vary across districts and states?
One of the biggest variations is state to state on testing accommodations and modifications. California has listening to the math items as a state testing accommodation. New Hampshire doesn’t. There are significant variations state to state in this. A second common difference is in the layout. All districts list classroom and testing accommodations separately, but some break down testing accommodations into state and classroom and some do not.
The third, and biggest difference, is in what this section is called. A lot will state something like “Required testing and assessments.” That means what tests the students will take and what supports they will get on them. A few don’t call classroom accommodations and modifications that. They will instead call them “supplementary aids and services.” That means classroom accommodations and modifications. I don’t know why the terminology varies so much but if you see anything like extra time, breaks, preferential seating or read aloud, you are in the right section.
What does the IDEA law say about testing, accommodations, and modifications?
The Individuals with Disabilities Act says that students should receive accommodations for state testing that are “necessary to measure the academic achievement and functional performance.” It also says that students should be able to receive “supplementary aids and services” and “program modifications” in order to help them meet their goals.
What IDEA says in 34 C.F.R. § 300.320(a)(4-6) about accommodations:
(4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child—
(i) To advance appropriately toward attaining the annual goals;
(ii) To be involved in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities; and
(iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section;
(5) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in paragraph (a)(4) of this section;
(i) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and districtwide assessments consistent with section 612(a)(16) of the Act; and
(ii) If the IEP Team determines that the child must take an alternate assessment instead of a particular regular State or districtwide assessment of student achievement, a statement of why—
(A) The child cannot participate in the regular assessment; and
(B) The particular alternate assessment selected is appropriate for the child;
This IEP comes from the West Virginia department of education. See the full IEP here.
Because the images are hard to read, a transcript is below.
PART VII (continued): ALTERNATE ACADEMIC STANDARDS GUIDELINES
TO BE COMPLETED ONLY IF THE IEP TEAM HAS SELECTED ALTERNATE ACADEMIC STANDARDS
ALTERNATE ACADEMIC ACHIEVEMENT STANDARDS GUIDELINES
Alternate Academic Achievement Standards are designed for students with the most significant cognitive disabilities. Students who are instructed on Alternate Academic Standards will participate in the Alternate Summative Assessment (i.e., the West Virginia Alternate Summative Assessment (WVASA)) which includes multiple items regarding postsecondary transition and one or more experiments.
The following three statements must be answered as YES when determining if the student’s program of study should be based on Alternate Academic Achievement Standards:
The student is acquiring little or no academic content.
The student is significantly below age-level instruction.
The student is not expected to attain grade-level achievement standards, even with extensive, intensive, and individualized instruction.
NOTE: Instructional activities should be aligned with the West Virginia College- and Career-Readiness Standards for students participating on alternate academic achievement standards and should address the student’s unique educational needs. Instruction should focus on knowledge and skills the student needs to acquire in order to become independent and successful in an integrated environment (home, school, community, and workplace).
The following are NOT allowable as the reasons to determine participation in the Alternate Assessment:
Student’s disability category
Excessive or extended absences
Disruptive behavior
English Learner (EL) status
Low achievement level
Poor performance on State Assessment
Low reading level/academic level
Student receiving instruction in alternate setting
Anticipated impact on WV Accountability system
Student is not on track for diploma
Administrative decision
Expected poor performance on assessment
Parent request
Use of assistive technology (e.g., assistive technology/AAC) to participate in assessment process
The IEP Team must check the box below to confirm that the guidelines were followed when making the decision to select Alternate Academic Achievement Standards.
☐ The IEP Team has read and understood the ALTERNATE ACADEMIC ACHIEVEMENT STANDARDS GUIDELINES and has applied those guidelines in selecting the Alternate Academic Achievement Standards.
PART XI: STATEWIDE TESTING – General Summative Assessment
Student’s Full Name: ___________________________________
Indicate the appropriate WV Measures of Academic Progress Assessment (WV-MAAP) by checking standard conditions or standard conditions w/ accommodations:
☐ Standard Conditions ☐ Standard Conditions w/ Accommodations
If the student receives Standard With Accommodations, list all selected WV-MAAP accommodations by subject.
WV-MAAP General Assessment:
Presentation Accommodations (Check all that apply)
☐ P01 Text-to-speech (excluding ELA passages)
☐ P02 Human Reader aloud (excluding ELA passages)
☐ P03 Braille
☐ P04 Certified sign language interpreter
☐ P05 Descriptive video for non-textual (including ELA listening passages)
☐ P06 Masking
☐ P07 Paper-pencil test book (including ELA listening passages)
☐ P08 Enlarged print
☐ P09 Magnification device
☐ P10 Printed directions only
☐ P11 Signed directions only (without sign language interpreter for test items)
☐ P12 Simplified Test Directions
☐ P13 Text-to-speech (including ELA full write)
☐ P14 Human Reader aloud (including ELA full write)
☐ P15 Translation of directions
☐ P16 Translated test (Spanish available only)
☐ P17 Translation of test content, including directions
☐ P18 Translation of test content (Spanish available only)
☐ P19 Student dictated response
☐ P20 Word prediction
☐ P21 Student scribes response
☐ P22 Amplification device
☐ P23 Transfer student out-of-state
☐ P24 Translated student out-of-country
☐ P25 Tactile graphics
☐ P26 Printed materials glossory (paper-and-pencil test)
☐ P27 Noise buffer
☐ P28 Extended time
☐ P29 Breaks
☐ P30 Human Reader (ELPA 21 Only)
☐ P31 Unlimited retakes (ELPA 21 Only)
☐ P32 Paper-pencil test (ELPA 21 Only)
☐ P33 Alternate Vision Form (DLM Only)
Response Accommodations
☐ R01 Scribe (excluding ELA full write)
☐ R02 Scribe (including ELA full write)
☐ R03 Speech-to-text
☐ R04 Student provides oral response
☐ R05 Word prediction
☐ R06 Bilingual word-to-word dictionary
☐ R07 Student marks responses in test booklet
☐ R08 External calculator
☐ R09 Manipulatives
☐ R10 Multiplication table
☐ R11 Check-in/Check-out
☐ R12 Noise buffer
☐ R13 Color overlay
☐ R14 Alternate formats
☐ R15 Number Table
Timing Accommodations
☐ T01 Extra time breaks (no sub timing) (WV-MAAP)
☐ T02 Flexible scheduling
☐ T03 Separate setting
Text-to-Speech (P13) and Read Aloud (P14) Accommodations for ELA Reading Passages Students with Disabilities Decision Guidance Document
Note: This accommodation is appropriate for a very small number of students (estimated to be approximately 1-2% of students with disabilities participating in a general assessment) who have a documented reading disability. Text-to-speech is available as an accommodation for students whose need is documented in an IEP or 504 plan.
Student Name: ____________________________________
Teacher: ___________________________________________
YES responses may indicate a need for the text-to-speech (P13) or read aloud (P14) accommodation for ELA Reading Passages. A preponderance of evidence should exist rather than one or two marks in this section for the recommendation to be provided.
| Questions | Yes | No | Comments |
|---|---|---|---|
| Does the student have a documented reading disability? | ☐ | ☐ | |
| Is the student blind or does the student have a significant visual impairment? | ☐ | ☐ | |
| Does the student have another reading-based disability that affects the student’s decoding, fluency, or comprehension? | ☐ | ☐ | Describe skills affected. |
| Does the student require the support of text-to-speech or read aloud to access printed materials, such as textbooks, assignments, or assessments? | ☐ | ☐ | Describe approaches. |
| Does the student struggle with decoding text, even after varied interventions, and show little to no progress? | ☐ | ☐ | |
| Does the student struggle with sight word recognition and fluency? | ☐ | ☐ | |
| Does the student struggle with comprehension because of decoding difficulties? | ☐ | ☐ | |
| Has the student shown evidence of benefiting from audio support and/or other read aloud strategies? | ☐ | ☐ | |
| Does the student access audio books or other read-aloud materials regularly across school content? | ☐ | ☐ | |
| Is there documentation in the student’s IEP or 504 plan showing the student accesses instructional text through text-to-speech or read-aloud support? | ☐ | ☐ | |
| Is there evidence that the student would benefit more from having text read aloud by another person or through text-to-speech rather than if they read it independently? | ☐ | ☐ |
What do I look for in the IEP to know if it is good?
If you are a general education teacher, this is the most important part of the IEP. You are legally bound to allow the accommodations and modifications listed on the IEP. If any of them don’t make sense or sound awful, speak up! If any are missing, speak up. Also know that, while some are written as needed, all are really as needed. The IEP might say testing in a separate room but if the student doesn’t want that or need that on a particular exam, it doesn’t have to happen. An IEP shouldn’t be a sledgehammer, forcing a student to do something. Instead, an IEP should be a tool that the student can draw on to be successful– and one you can draw on to support them. So if a student is really squirmy in whole class testing, you might want to push that separate room– or the student might ask for it. At the same time, you can’t say no to an accommodation or modification listed on an IEP. It is a legally binding document. You can however ask that a particular accommodation or modification be removed at an IEP meeting.
If you are a parent, you want to check that these make sense. A lot of times students get an accommodation in kindergarten that somehow carries until 9th grade and makes utterly no sense. General education teachers need to implement these– and your child might be forced to have these if you have an intense general education teacher– so make sure that you have all of the accommodations your child needs and no more and no weird ones in the IEP. I regularly get ones for a tenth grader that state a read aloud or other things that my student thinks is super baby-ish. That accommodation has probably sat in the IEP for 6 years. It needs to go. I like to review accommodations with my students and ask them what they like. Students need agency in their IEPs and this is the easiest place for your child to speak up– they know what they like and hate so ask them their opinion!
When and how should I get help?
It depends on who you are. If you are a parent, you have the right to show the IEP to anyone you want to get their thoughts on it– and the right to bring someone who has “knowledge or special expertise regarding the child” to the IEP meeting. To learn more about parents’ rights in IEP, visit our page on the rights hidden inside district procedural safeguards.
If you are a teacher at the school and are worried about the quality of the IEP goals, feel out the case manager. If you hit resistance, try meeting with a service provider at the school an administrator, or a special education teacher that you are more comfortable with– but try the case manager first to get a sense of what is going on.
Here is what IDEA says in 34 C.F.R. § 300.321(a)(6) about bringing people to meetings:
‘‘(vi) at the discretion of the parent or the agency,
other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
What are the disclaimers?
This website is not a lawyer or an educational advocate. Nothing on this site is, nor is intended to be, legal advice. The information here is for informational purposes only.
If you are worried about your student or child’s IEP, please reach out to a real, live human.
Many law schools have free educational law clinics for special education. Many larger districts employ ombudsmen to bridge the gap between parents and schools. Many regions and states have parent centers that can help parents connect to other parents and find resources in their community. All of those are free, as is talking through the paperwork with a friend. Educational advocates are often paid professionals with special expertise who can also help. While we are happy to address general questions about the IDEA law or IEP process, please note that any communication via email is for informational purposes only and cannot be treated as legal advice. You can email questions to rose@spedhelper.org.
West Virginia IEP Guide: Special Factors
What is the special factors IEP section?
On almost every district’s IEP there is a section explicitly titled special factors, because that is what the hodgepodge of things on that page is called in the federal law. IDEA states that IEP teams have to look at special factors that might impact a student’s learning in school including whether they are an English language learner, whether they are visually impaired, whether they are Deaf or hard of hearing, whether they have communication needs, whether they have behavioral challenges, or whether they would benefit from assistive technology like voice to text or an augmented communication device.
The way that most districts have operationalized this is by creating a page titled special factors with a lot of yes or no check boxes. Take Arizona for example. On the IEP, the team checks needed or not needed next to assistive technology, language needs for English learners, communication needs, behavioral needs, visual support needs for a visually impaired student, and hearing supports needed for a Deaf or hard of hearing student. In their sample, the team also wrote in a bit explaining their nos or adding context. Lots of districts don’t do that though and this page is just a check yes or no page. It’s an important page to pay attention to though because if anything is checked yes on this page, you want to know about it.
As an FYI, each of the boxes means something particular. For example, if the team checks yes on the behavior box on special factors that means that the child needs a behavior support plan. If a student is kind of rude in school, skips some classes, and is defiant sometimes, they would most likely have a no for that box. A yes is for students whose behaviors are significant enough to warrant a coordinated, formal behavior plan monitored and reviewed regularly by the full IEP team. This is typically for students with histories of safety concerns at school, whether that is running, self-harm, or aggression or histories of major disruptions and defiance significant enough to warrant a BSP/BIP (behavior support or intervention plan) rather than just an IEP goal focused on improving behaviors. Similarly, if the assistive technology box is checked, that means that the student needs specialized technology bought and paid for that individual child by the district. A 1-to-1 laptop from the district isn’t assistive technology. A special program on that laptop paid for by the district for that student would be. And the communication box should only be checked if the student works with a speech and language pathologist– and they check that box.
Where in the IEP is the special factors section?
Special factors is almost always it’s own page. It’s typically found after present levels but before IEP goals, although that can vary by district. It will almost always have special factors in its title.
How does special factors sections vary across states and districts?
Overall, this section doesn’t vary much district to district. One district might describe an English learner differently than another, but both will ask if a student is an English learner.
What does the IDEA law say about special factors?
The Individuals with Disabilities Education Act outlines the special factors section of the IEP, stating that teams must look at positive behavior interventions for students with behaviors, language needs for English learners, communication and visual supports, and assistive technology.
What IDEA says in 34 C.F.R. § 300.324(a)(2):
(2) Consideration of special factors. The IEP Team must—
(i) In the case of a child whose behavior impedes the child’s learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior;
(ii) In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child’s IEP;
(iii) In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP Team determines, after an evaluation of the child’s reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child’s future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child;
(iv) Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child’s language and communication needs, opportunities for direct communications with peers and professional personnel in the child’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child’s language and communication mode; and
(v) Consider whether the child needs assistive technology devices and services.
This IEP comes from the West Virginia department of education. See the full IEP here.
Because the images can be hard to read, a transcript is below.
INDIVIDUALIZED EDUCATION PROGRAM
Page ___ of ___
__________ County Schools
Student’s Full Name _______________________________ Date ___________________
PART IV: CONSIDERATION OF FACTORS FOR IEP DEVELOPMENT/ANNUAL REVIEWS
The IEP team must consider the following factors for all students:
The strengths of the student.
The concerns of the parent.
Results of the initial or most recent evaluation of the student.
If additional evaluations are needed (specify): _____________________________________________
Academic, developmental and functional needs of the student
Do the following special considerations apply? If yes, document in appropriate section(s) of the IEP.
| YES | NO | ||
|---|---|---|---|
| 1 | Is the student identified as gifted? | ☐ | ☐ |
| If yes, consider whether acceleration will be provided and document its effect on graduation. | |||
| 2 | Does the student need assistive technology devices or services? | ☐ | ☐ |
| If yes, document the type of device and provision for home use, if any, and/or the nature and amount of services. Specify: _____________________________ | |||
| 3 | Does the student have communication needs? | ☐ | ☐ |
| If yes, address in the IEP. | |||
| 4 | Does the student’s behavior impede his or her learning or that of others? | ☐ | ☐ |
| If yes, consider the use of positive behavioral interventions and supports and other strategies to address that behavior. | |||
| 5 | Does the student have blindness or low vision? | ☐ | ☐ |
| If yes, document provision of instruction in braille and the use of braille, or after an evaluation of the student’s reading and writing skills, needs and appropriate reading and writing media, including an evaluation of the student’s future needs for instruction in braille or the use of braille, document in the present levels a justification that instruction in braille or the use of braille is not appropriate for the student. | |||
| 6 | Is the student deaf or hard of hearing? | ☐ | ☐ |
| If yes, consider the language and communication needs of the student, opportunities for direct communications with peers and professional personnel in the student’s language and communication mode, the student’s academic level and full range of needs, including opportunities for direct instruction in the student’s language and communication mode. | |||
| 7 | Does the student have limited English proficiency? | ☐ | ☐ |
| If yes, consider the student’s level of English language proficiency. | |||
| 8 | Does the IEP team intend to invite a representative from a participating agency to the NEXT IEP meeting to discuss transition services? | ☐ | ☐ |
| If yes, written consent must be obtained to invite agency representatives prior to the next IEP meeting and the agency representative must be included on the next IEP meeting notice. | |||
| 9 | Will this IEP address Transition Services? | ☐ | ☐ |
| If yes, the transition planning sections of the IEP must be addressed. |
Accessible Educational Materials Guidance
If the student cannot access instructional content at grade level, but is unable to read with sufficient accuracy and …
What do I look for in the IEP to know if it is good?
As a parent, you want to make sure the information here is accurate. If your child has been suspended for aggression, you want to see the behavior box checked and a behavior support plan present in the IEP. If the IEP is mostly a discussion of your child’s behaviors and that box isn’t checked and there is no BSP, you need to ask why. If you think your child needs specialized technology to succeed, whether that is a magnifying sheet to make text bigger or an iPad with a communication app on it, you need to speak up. What’s on this page has to be provided by the district so you want those boxes checked if your child has a need.
As a teacher, the two big things to look at are the behavior box and the assistive technology box. If the behavior box is checked, look for the behavior plan. Then read it really closely, ask questions, and make a plan. If the box is checked and there is no plan, get the counselors or school psychologist involved because something is wrong. The student might never have an issue in your class, but the checking of the behavior box means there is a significant concern. The second thing to notice is whether there is assistive technology. If so, you want to follow up with the student and make sure they have access to it in your classroom. Also speak up. If you have safety concerns about the student and the box isn’t checked, ask. If you think a student would benefit from specialized technology and it isn’t in the IEP, ask. You are part of the team
When and how should I get help?
It depends on who you are. If you are a parent, you have the right to show the IEP to anyone you want to get their thoughts on it– and the right to bring someone who has “knowledge or special expertise regarding the child” to the IEP meeting. To learn more about parents’ rights in IEP, visit our page on the rights hidden inside district procedural safeguards.
If you are a teacher at the school and are worried about the quality of the IEP goals, feel out the case manager. If you hit resistance, try meeting with a service provider at the school an administrator, or a special education teacher that you are more comfortable with– but try the case manager first to get a sense of what is going on.
Here is what IDEA says in 34 C.F.R. § 300.321(a)(6) about bringing people to meetings:
‘‘(vi) at the discretion of the parent or the agency,
other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
What are the disclaimers?
This website is not a lawyer or an educational advocate. Nothing on this site is, nor is intended to be, legal advice. The information here is for informational purposes only.
If you are worried about your student or child’s IEP, please reach out to a real, live human.
Many law schools have free educational law clinics for special education. Many larger districts employ ombudsmen to bridge the gap between parents and schools. Many regions and states have parent centers that can help parents connect to other parents and find resources in their community. All of those are free, as is talking through the paperwork with a friend. Educational advocates are often paid professionals with special expertise who can also help. While we are happy to address general questions about the IDEA law or IEP process, please note that any communication via email is for informational purposes only and cannot be treated as legal advice. You can email questions to rose@spedhelper.org.
