W. Va. Code R. § 126-16-1 - General

1.1. Scope. -- This legislative rule applies to preschool, early childhood, middle childhood, adolescent, and adult students whose educational programs require special education and related services. This rule further applies to three-year-olds, as of the student's third birth date, through five-year-olds with disabilities, students with disabilities ages five through 21, all exceptional gifted students in grades nine through 12, and to all gifted students in grades one through eight as specified. This policy and procedures manual apply to students enrolled in public schools, including charter public schools, and private schools where students are placed at the expense of the State of West Virginia. Rights under this rule cease to apply at the end of the school year in which the student turns 21 years of age, that is, the year in which the student is 21 years of age prior to July 1 or the student has met graduation requirements for a regular high school diploma.

1.1.a. Local educational agency (LEA). For purposes of this rule LEA includes county boards of education, schools and facilities under the supervision of the West Virginia Board of Education (WVBE), and charter public schools.

1.1.b. Parent. A natural, adoptive, or foster parent of a child; a guardian (but not the state if the child is a ward of the state); an individual acting in the place of a natural or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives; or an individual assigned to be a surrogate parent.

1.1.c. Adult Student. A student who has reached age 18, the age of majority in West Virginia, and for whom all rights accorded to parents under Part B of Public Law 108-446, Individuals with Disabilities Education Improvement Act of 2004 (IDEA), have transferred to the student.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; W. Va. Code § 18-20-1, et seq., and Public Law 108-446, Individuals with Disabilities Education Improvement Act of 2004.

1.3. Filing Date. -- February 9, 2023.

1.4. Effective Date. -- March 13, 2023.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities, filed October 12, 2022, and effective November 14, 2022.

Notes

W. Va. Code R. § 126-16-1