W. Va. Code R. § 126-16-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-16-2 - Purpose

2.1. IDEA and the IDEA regulations (34 CFR Part 300) require that states set forth policies and procedures to demonstrate that the state has established a goal providing full educational opportunity to all students with disabilities who are residents of West Virginia, aged birth through 21 years of age and a detailed timetable for accomplishing that goal. West Virginia affirms the goal to provide full educational opportunities for all students with disabilities, aged birth through 21 years of age, residing within its jurisdiction. West Virginia works toward the realization of this goal through the implementation of, and compliance with, IDEA and any subsequent reauthorization, state policies and procedures, and the implementation of the West Virginia Results and Compliance System Procedures (RCSP).

2.2. West Virginia's mandatory special education statute legislates a child identification effort by county boards of education (W. Va. Code § 18-20-2, et seq.). The mandated target group for the state Child Find requirements includes individuals with disabilities residing in West Virginia from birth through 21 years of age, gifted students from first through eighth grades, and exceptional gifted in grades nine through 12. Part C of IDEA requires interagency collaboration in Child Find activities targeting children from birth through five years of age. Part C services for children birth to three years old are administered through the West Virginia Department of Health and Human Resources (WVDHHR).

2.2.a. The intent of the federal and state legislative Child Find mandates is to require an active search by the state and LEAs for individuals with disabilities ages birth through 21, gifted individuals from first through eighth grades, and exceptional gifted individuals in grades nine through 12, including students with disabilities who are homeless or are wards of the state and students with disabilities attending private schools, regardless of the severity of the student's disability, who need special education and related services. Mandated Child Find activities include the identification of students who are residents of other states who are attending public and private schools in West Virginia.

2.3. W. Va. Code § 18-20-1, et seq., the state's mandatory special education statutes, and IDEA affirm that education is a right extended to all individuals with exceptionalities and not a privilege. These mandates assure that all individuals with disabilities ages three through 21 years of age, including students with disabilities who have been suspended or expelled from school, all gifted students in grades one through eight, and all exceptional gifted students in grades nine through 12, have available a free appropriate public education (FAPE) which includes special education and related services in the least restrictive environment (LRE) to meet the student's unique special educational needs. This mandate applies to all public agencies that provide special education and related services to students with exceptionalities.

W. Va. Code R. § 126-16-2