West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-017 - Rules For Requesting an Exception To The Regulations For The Education Of Exceptional Students (2419.11) › Section 126-17-2 - Incorporation by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Copy of the rules attached. Copies may be obtained in the Office of the
				Secretary of State and in the West Virginia Department of Education, Bureau of
				General, Special and Professional Education.
2.2. Summary of rules and regulations below.
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.