State Board (WVBE) Policies

WVEA seeks to keep you apprised of policies the West Virginia Board of Education has on public comment. Your ability to provide the students in your classroom with the best education possible is impacted by the policies passed by the West Virginia Board of Education. We urge you to read the synopsis of proposed policy revisions listed below and respond to the WVDE with your comments.

Currently on comment until 4 p.m. on July 18, 2014: 

Policy 4321.1 -- Standards for School Nutrition

: The Child Nutrition and WIC Reauthorization Act of 2004 created many federal regulatory changes affecting public school sponsors of the National School Lunch Program (NSLP) and School Breakfast Programs (SBP). Congress directed the Centers for Disease Control (CDC) to undertake a study with the Institute of Medicine (IOM) to review and make recommendations about appropriate nutritional standards governing the availability, sale, content and consumption of foods at school, with attention on competitive foods. In April 2007, the IOM released their report, Nutrition Standards for Healthy Schools: Leading the Way Toward Healthier Youth.

Citing the increasing prevalence of childhood obesity and related negative trends in children's eating and physical activity, and prompted by federal regulatory changes and the release of the IOM's report, the broadly representative State Nutrition Advisory Council convened to carrying out its responsibility to apprise the state board of current research findings and potential implications for program development, as prescribed in this policy (126-86-14). The Council recommended strengthening standards for foods sold, served or delivered to students and called for actions to promote safe and healthy learning environments. The Council proposed the repeal and replacement of Policy 4321.1 to revise the current standards to comply with the federal requirements adopted in the Child Nutrition and WIC Reauthorization Act of 2004. Additionally, the proposed replacement adopted many of the recommended standards for competitive foods issued by the Institute of Medicine's Committee on Nutrition Standards for Foods in Schools.

Proposals: The revision to Policy 4321.1, Standards for School Nutrition, is being recommended to address and clarify standards for food brought or delivered from outside sources. The proposed revision clarifies that only a parent, guardian or family member may deliver outside foods and beverages to a child. Direct delivery of food and beverages by local vendors and restaurants is prohibited. This provision will help ensure that foods and beverages available at school contribute to an overall safe and healthy eating environment. The policy addresses those children with special dietary needs to help protect against any type of a food-related allergic reaction or illness and several provisions are intended to protect our students from the threat of food borne illness and create a procedure for monitoring foods and beverages made available to students with special dietary needs. Parents have always, and will always, have the opportunity to send or deliver meals for their own child's consumption. The policy does not usurp a parent's right to feed their child any legal food or beverage they so choose. Parents are not prohibited from making food deliveries for their children. The assumption of this provision, as it relates to parents providing their own meals for their students, is that the foods and beverages are supplied by the parent, guardian or a family member. Opening up our schools to local vendor deliveries would create competition with our school meals programs, have a negative impact on school meal participation rates, increase the risk of foodborne illnesses, compromise procedures for protecting students with special dietary needs and relax school campus security efforts. Direct food delivery by local vendors and restaurants undermine the protections set forth in this policy and will not be permitted under this revision.

Impact: Proposed revisions will positively impact students' health by reducing the risk of foodborne illnesses, strengthen the current procedures in place for protecting students with special dietary needs and school campus security efforts. Implementation of proposed actions will require training and/or guidance delivered by the West Virginia Department of Education to county and school personnel.

PDF of the Policy

Link to WVDE comment site

Currently on comment until 4 p.m. on July 14, 2014:

Policy 2419 – Regulations for the Education of Students with Exceptionalities


Background: Policy 2419 establishes the regulations for compliance with the federal individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004), and the West Virginia Code, Chapter 18, Article 20 regarding provision of services to students with exceptionalities. The policy is formatted to include the West Virginia Procedures Manual for the Education of Students with Exceptionalities. The manual outlines the policies and procedures districts must follow in meeting the requirements of IDEA and West Virginia Code.

Proposals: Policy 2419 is being revised to address state code and federal requirements, WVBE and department initiatives and clarifications of existing policy as follows:

Title 126 Legislative Rule

| Date for full educational opportunities revised. 126-16-2.2.1
| Title of CIFMS revised to Compliance System Procedures (CSP).
| West Virginia Procedures Manual for the Education of Students with Exceptionalities added. Removed reference to special education forms. Introduction.

Chapter 1 – Free Appropriate Public Education

| Clarifies student with a disability whose IEP provides for a modified diploma shall be allowed to participate in graduation ceremonies with same grade classmates when requested by parents in writing and shall be allowed to continue to receive services until twenty-one years of age. (Policy 2510, SB 209) Sec. 2A.3.
| Medicaid parental consent documentation revised. Provide written notice to parents prior to accessing Medicaid and annually thereafter even if services have not changed. For initial billing or when type or amount of service changes obtain parental consent. (IDEA Regulations) Sec.2.C.
|High school diploma includes alternative means to earn high school credit through Optional Pathways and replaces GED. (Policy 2444.4) Sec.3.

Chapter 2 – Child Find

| Title of Policy 2510 revised to Assuring the Quality of Education: Regulations for Education Programs. (Policy 2510) Sec.3.C.

Chapter 3 – Evaluation/Re-evaluation

| Clarifies when a district closed due to state of emergency determined by WV Governor or when districts closed due to weather conditions determined by county superintendent the 80-day timeline for initial evaluations extended directly proportional to state of emergency or weather. Sec.2.A.3.
| Clarifies when written evaluation report(s) provided to Eligibility Committee (EC). Sec.4.C.

Chapter 4 – Eligibility

| Eligibility criteria for autism revised to reflect American Psychiatric Association’s Diagnostic and Statistical Manual for Mental Disorders Fifth edition (DSM-5). Sec.3.A.
| Eligibility criteria for Blindness and Low Vision revised to include cortical visual impairment and functional vision loss. (IDEA 2004) Sec.3.B.
| Eligibility criteria for Deafblindness defines primary eligibility. (IDEA 2004) Sec.3.C.
| Personalized Education Plan (PEP) replaced Individualized Student Transition Plan (ISTP). (Policy 2510) Sec.3.G.
|Eligibility criteria for Specific Learning Disability revised to define the alternative terms dyslexia and dyscalculia to reflect the DSM-5. (HB 4608) Sec.3.L.
| Date for phasing in response to intervention removed.
| Emphasized need for screenings and early assessments for specific learning disabilities. (HB 4608) Sec.3.L.
| Added universal design for learning (UDL) to multi-level approach. Sec.3.L.
| Added to Parent Notice Requirements 3. Information and education regarding specific learning disabilities and services available. (HB 4608) Sec.3.L.
| Revised Standard 2 to include two options, Rate of Learning or Pattern of Strengths and Weaknesses, which is consistent with the federal regulations. Sec.3.L.
| Clarified documentation of Standard 1 – Level of Learning, Standard 2 – Rate of Learning, Pattern of Strengths and Weaknesses, and student response to Multi-Level Instruction. Sec.3.L.
| Removed references to Severe Discrepancy Model, which was phased out June 30, 2012. Sec.3.L.
| Eligibility criteria for Speech-Language Impairment revised to reflect the DSM-5. Sec.3.M.

Chapter 5 – Individualized Education Programs

| Added Standards-Based Individualized Education Program (SB-IEP). Introduction
| Defined ten school days as number of days IEP Team has to conduct manifestation determination. Sec.1.C.6.
| Added accommodations to clarify determination made in IEPT meeting. Sec.1.E.
| Added Online to clarify WVIEP. Removed reference to special education forms/templates. Sec.2.
| Reordered and added 8. Transition services and 9. Need for accessible instructional materials (AIM) to Considerations. Sec.2.C.
| Removed benchmarks to clarify objectives. Sec.2.G.1.
| Aligned related services to IDEA. (IDEA 2004) Sec.2.G.3.
| Adds further definition of general educator to include teachers of music, musical education, art and driver education. Requires general education teachers not attending IEPT meeting of students enrolled in their classes to read and sign a copy of the student’s IEP. (HB 4384) Sec.2.M.
| Further definition of IEP Amendment to clarify incorporation of the amendment into the Online IEP and require each service provider to read and sign a copy of the student’s IEP. (HB 4384) Sec.3.B.

Chapter 6 – Administration Services

| Moved waiver request to end of Sec.4.B and clarified. Sec.4.B.
| Added English Language Arts. Sec.4.B.
| Aligns Level I, Level II and III Service Needs with Policy 2510’s grade spans (Policy 2510). Sec.4.B.

Chapter 7 – Discipline

| Changes were made to Chapter 7 to align with the requirements and language in IDEA. Clarifies discipline requirements for all students and those that apply to SWDs. (IDEA 2004) Introduction
| Protected students moved from the end of the chapter to the beginning so as to more clearly define which students are and are not protected under these procedures.
| Define which days are considered removals under the discipline procedures. Disciplinary Removals
| Added the requirement to document the process on the Disciplinary Action Review Form (DARF) and qualified provision of services when student removed. Disciplinary Change of Placement
| Reflects Policy 4373: Expected Behaviors in Safe and Supportive Schools. (Policy 4373) Sec.1.
| Added functional behavior assessment (FBA) conducted unless one was conducted before the behavior that resulted in a change of placement. Sec.2.A.1
| Defined disciplinary procedures when conduct not a manifestation of student’s disability. Sec.2.B.1

Chapter 9 – General Supervision and Accountability for Performance and Compliance

| Revised CSP title and SPP federal changes. Sec.2.A.
| Added speech language pathologists and speech language pathology assistants must complete eighteen (18) hours of professional development. Twelve (12) of these hours must be related directly to their professional growth. The WVDE is responsible for providing twelve (12) hours each year and the district is responsible for documenting attendance. (West Virginia Legislative Sunrise Evaluation Overview) Sec.3.A.1.
| Added professional development responsibilities of WVDE and district for sign support specialists and educational sign language interpreters. Sec.3.A.3.
| Added interveners. Sec.3.B.
| Added school psychologists must complete twelve (12) hours of professional development related directly to their professional growth. Sec.3.A.2.

Chapter 10 – Procedural Safeguards

| IEP Team and parent may agree to initiate services within fewer than five (5) days. Sec.3.B.
| Clarifies rates for independent educational evaluations based on prevailing rates. Sec.7.B.
| Redefines criteria for surrogate parent. Sec.8.B.

Chapter 11 – Dispute Resolution

| Facilitated Individualized Education Program Team meeting and renumbered Sections. Added 1.
| Added Facilitated Individualized Education Program Team Section to provide an additional resolution process. Sec.1.
| Defined that the district requests early resolution. Sec.2.D.
| Defined burden of proof as the responsibility of the party seeking relief in a due process complaint as a result of Supreme Court case (Shaffer v. Weast, 546 U.S.). Sec.4.A.
| In Due Process Hearing process either party may void the agreed to resolution to adjust thirty-day period within three (3) business days of signing. Sec.3.E.


| Minor edits have been made for clarification.


| Minor edits have been made for clarification.

: The proposed revisions bring Policy 2419 and the procedures manual into compliance with state code regarding Individualized Education Program implementation, graduation of students working toward modified diplomas and definition of and services for specific learning disabled students. Aligning requirements for identification of autism and speech language impairments with the DSM-V will clarify for districts determinations of eligibility. Clarifications of existing policy regarding parent consent to access public insurance and policies 2510, 4373, 2444.4 and 5202 will bring the procedures manual into compliance.

PDF of the Policy

Link to WVDE comment site


The following WV Board of Education (WVBE) policies are listed for your convenience.
All WVBE policies are posted on the WVDE's Website at

Policy 2340 -- Statewide Assessment Program
Policy 2419 -- Education of Exceptional Students 
Policy 2421 -- Harassment
Policy 2422.8 -- Medication Administration
Policy 2460 -- Use of the Internet by Students and Educators
Policy 2470 – Use of Technology by Students and Educators
Policy 2510 – Assuring Quality Education

Policy 2515 – Uniform Grading

Policy 2520.1-2520.15 – Instructional Goals and Objectives

Policy 4110 – Attendance

Policy 4360 – Collection, Maintenance, Disclosure of Student Data

Policy 4373 – Student Code of Conduct

Policy 5202 – Licensure of Professional/Paraprofessional Personnel

Policy 5310 – Performance Evaluation of School Personnel

Policy 5902 – Employee Code of Conduct

Policy 6202 – Indoor Air Quality


If you have questions regarding any of the WVBE's policies, contact Davin White, WVEA Communications and Instructional Issues Specialist, by phone at 1.800.642.8261 ext. 116 or by email at