W. Va. Code R. § 126-17-2
SUMMARY OF RULES AND REGULATIONS
Rules for requesting an exception to Policy 2419: Regulations for the Education of Exceptional Students contain the procedures to be followed when an exception is requested for extenuating circumstances.
RULES FOR REQUESTING AN EXCEPTION
TO
THE REGULATIONS FOR THE EDUCATION OF
EXCEPTIONAL STUDENTS
Preface
The accepted principal for appropriate educational opportunity in West Virginia public schools is that special education and related services shall be made available to all exceptional students between five (5) and twenty-three (23) years of age. The provision of these educational services are implemented through the West Virginia Regulations for the Education of Exceptional Students (Policy 2419). The West Virginia Board of Education provides that a local school district superintendent may apply to the Board for exceptions to the regulations for extenuating circumstances.
Rules
1. Exceptions to the Regulations for the Education of Exceptional Students will be granted based on extenuating circumstances per specific classroom units, not for system-wide factors.
2. Under no circumstances will special education regulatory exceptions be granted for requests that conflict with federal statutes, federal regulations, state statutes or court orders/decisions.
3. A request for an exception must be submitted by May 1st prior to the school year for which the exception is requested.
4. If unforeseen extenuating circumstances occur during a school year, an exception may then be requested in accordance with these rules for that school year.
5. Documentation must substantiate that granting the specific exception will not preclude the provision of a free appropriate public education for students subject to this action.
6. Documentation must be submitted to the Department of Education by the local school district superintendent.
7. A request for an exception can be submitted by the local superintendent only after approval of the request by the local board of education.
8. A plan of action to correct the need for an exception must be submitted to the Department of Education as part of the request. The plan must stipulate specific corrective actions and timelines. This plan of action will be a part of the county school district's Annual County Plan for Educational Excellence.
9. Upon approval by the State Superintendent, the exception will become official record for purposes of the county accreditation process.
1. The department will develop procedures to implement these rules.
2. A summary data analysis relative to the regulatory exceptions requested will be reviewed annually by the State Board to determine if the need exist for revisions and/or modifications within the Regulations for the Education of Exceptional Students or these rules.
W. Va. Code R. § 126-17-2