|TITLE 126 LEGISLATIVE RULE BOARD OF EDUCATION |
SERIES 16 REGULATIONS FOR THE EDUCATION OF EXCEPTIONAL STUDENTS (2419)
1.1. Purpose: The Individuals with Disabilities Education Act Amendments of 1997 requires that the State set forth policies and procedures to assure that there is a goal of providing full educational opportunity to all students with disabilities birth through 21 years of age. The State of West Virginia reaffirms the goal to provide full educational opportunities for all students with disabilities, aged birth through 21. The State works toward the realization of this goal through the implementation of, and compliance with, the Individuals with Disabilities Education Act Amendments of 1997 (P.L. 105-17). 1.2. Scope: These regulations apply to preschool, early childhood, middle childhood, adolescent and adult students whose educational programs require special education and related services. These apply to three year olds, as of their third birth date, through five year olds with disabilities and those who are between five and 21 years of age prior to September 1 of such school year, unless the student has met graduation requirements as specified by the Individualized Education Program and within the state/local policy pertaining to graduation requirements.
1.2.1. West Virginia's mandatory special education statute legislates a child identification effort by county boards of education. Chapter 18, Article 20, Section 2, of the West Virginia Code states, "The board of education of each county is empowered and is responsible for providing suitable educational facilities, special equipment and such special services as may be necessary. Special services include provisions and procedures for finding and enumerating exceptional children of each type..." The mandated target group for the state child find requirements includes individuals with disabilities between birth and 21 years of age, gifted students from first through eighth grades, and exceptional gifted in grades nine through 12. Part C of the Individuals with Disabilities Education Act (IDEA) requires interagency collaboration in child find activities targeting children from birth through 5 years of age.