W. Va. Code R. § 126-28-8

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

Section 126-28-8 - Inclusive Settings

8.1. Verified universal pre-k program data will outline the county's process for providing fully inclusive early childhood classrooms with appropriate supports for children with identified special education needs. Preschool special education classrooms in proximity or next to universal pre-k classrooms does not guarantee inclusion of children with disabilities.

8.2. Children with identified special needs must be served in the least restrictive environment which includes utilizing approved participating partners in WV Pre-K.

8.3. Socioeconomic level, ability, and/or funding streams should not be viewed as deterrents to providing fully inclusive programs.

8.4. The IEP placement determination identifies the setting where the IEP will be implemented. Placement decisions must be made consistent with W. Va. Code § 18-20-1 et seq. and W. Va. 126CSR16, WVBE Policy 2419, Regulations for the Education of Students with Exceptionalities (Policy 2419) that requires:

8.4.a. the student's placement decision to be made by the student's IEP Committee;

8.4.b. the placement be in the least restrictive environment based on and consistent with the IEP; and

8.4.c. that unless the student's IEP requires some other setting, the child be educated in the early childhood setting where the child would have received services if he/she had not been disabled and as close as possible to their home school.

8.5. Placement in separate settings designed for students with disabilities should only be used when a child's IEP cannot be implemented in a less restrictive environment as determined by the IEP team and documented through multiple formal and informal assessment processes.

W. Va. Code R. § 126-28-8