State Board (WVBE) Policies

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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.

The following policy will remain on public comment until 4 p.m. on June 12, 2017:


Policy 2419 – Regulations for the Education of Students with Exceptionalities


Policy 2419 is in need of revision to bring the Policy in compliance with the federal regulations of the Every Student Succeeds Act, Workforce Innovation Opportunity Act (WIOA), federal guidance on Due Process Hearings and procedures and replacing language regarding West Virginia College and Career-Readiness Standards. Policy 2419:11 Rules for Requesting An Exception To The Regulations For The Education Of Students with Exceptionalities is being repealed and a statement describing a waiver request for an exception to Policy 2419 will be included in Policy 2419. Policy 2419 establishes the regulations for compliance with the federal Individuals with Disabilities Education Act of 2004 (IDEA 2004), and 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.


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

• Chapter 1 – Free Appropriate Public Education: Modified Diploma was replaced with Alternate Diploma. The Medicaid parental consent request was clarified and changed from a one-time parental consent to an annual consent. West Virginia Content Standards and Objectives were replaced with West Virginia College and Career-Readiness Standards. Added students who are home schooled to the section regarding Exceptions to FAPE.

• Chapter 2 – Child Find and Chapter 3 - Evaluation/Reevaluation: Replaced Support for Personalized Learning (SPL) with Multi-Tiered System of Supports (MTSS). Added language to the Student Assistance Team (SAT) procedures to reflect the language in Policy 2510. Clarified the exception to the 80-day initial evaluation timelines for students who change district of enrollment only applies when district and parent agree to specific time to complete evaluation. Added for a child who is deaf or hard of hearing a comprehensive language assessment in child’s language and communication mode is to be completed.

• Chapter 4 – Eligibility: Replaced SPL with MTSS. Added language to address when a student meets the requirement for Gifted and a disability area of eligibility, the disability is the primary exceptionality. Replaced the requirement of a Four Year Plan to be completed for students who are gifted in grades 9-12 with the Personalized Education Plan (PEP). Revised Intellectual Disability by defining a student with the most significant cognitive disability, aligning adaptive functioning with the DSM-5 and requiring an observation if intellectual functioning and adaptive functioning is inconsistent. Revised statement under Other Health Impairment to allow a diagnosis of ADHD from a school psychologist or a licensed psychologist.

• Chapter 5 – Individualized Education Program: Provided Guidance on Accessible Educational Materials. Added a requirement that a lack of progress in receptive or expressive language of deaf or hard of hearing students must be explained. Added Pre-Employment Transition Services (Pre-ETS) to transition. Added revocation of consent applies to revocation of all special education and related services. Consent cannot be revoked for a particular service. Added that a district may temporarily adopt the previous IEP of an out-of-state student.

• Chapter 6 – Administration of Services: Added the requirement that districts maintain records to show compliance with the IEP. Removed the highly qualified personnel requirement of NCLB and replaced it with language from the Every Student Succeeds Act (ESSA). Added percentage of students with disabilities shall not exceed 50 percent of the total class enrollment in general education settings. Changed Level I caseloads for Early Learning Programs Grades K-5 to 1 to 8 students (up from 1 to 6 students) with a special education teacher and 9 to 12 students with another qualified adult.

• Chapter 7 – Discipline and Chapter 8 – Private School Students: Defined expedited due process hearing. Changed the annual consultation to determine services for private school students IS required rather than is not required. Further defined dispute resolution in private schools regarding complaints filed by private schools and parents of students enrolled in private schools.

• Chapter 9 – General Supervision and Accountability for Performance and Compliance: Added a description of the waiver request for an exception to Policy 2419 as a result of the repeal of Policy 2419:11. Defined the special education teacher personnel qualification requirements to reflect language in IDEA. 

• Chapter 11 -- Dispute Resolution: Reordered and added language to Due Process Complaints and the Resolution Process to mirror federal language.

• Glossary and Appendix-Acronyms and Abbreviations:  Terms and acronyms have been updated to reflect current language.  

• Additional minor edits have been made for clarification.


The proposed revisions bring Policy 2419 and the procedures manual into compliance with the Every Student Succeeds Act (ESSA), Workforce Innovation Opportunity Act (WIOA), federal guidance on Due Process Hearings and procedures and replacing language regarding West Virginia College-and Career-Readiness Standards. The removal of Highly Qualified in a content area for special education teachers will lessen the burden on districts. Having an Alternate Diploma available for students who are significantly cognitively impaired will require more rigorous programming for these students and will increase the graduation rates for the districts. The Alternate Diploma will count in the graduation rate whereas the Modified Diploma did not. Changes to the eligibility criteria for Intellectual Disability will help improve the accuracy of identification of students with Intellectual Disabilities. Pre-Employment Transition Services (Pre-ETS) are required by WIOA and will allow for better transition services and post school outcomes for students with disabilities.

PDF of the Policy

Link to WVDE Comment Site  


The following policy will remain on public comment until 4 p.m. on June 19, 2017:


Policy 2315: Comprehensive School Counseling Programs (CSCP)


Policy 2315 defines the core components of the Comprehensive School Counseling Programs (CSCP) in West Virginia schools, including a description of the four delivery systems and the West Virginia Student Success Standards (WVSSS) that are core to a three‐tiered system of student supports, describes county board and WVDE responsibilities, provides school counselor credentialing requirements, and defines core terms to ensure a common language between educational stakeholders and clear description related to the delivery and implementation of the CSCP. Policy 2315 has always housed foundational standards, however, in an effort to consolidate similar standards and show a connection to student learning, the WVSSS have now been included in Policy 2520.19, West Virginia College‐ and Career‐Readiness Dispositions and Standards for Student Success. Policy 2315 will incorporate these standards by reference as the foundational student standards for all West Virginia CSCPs.


Policy 2315 revisions include removing the West Virginia Student Success Standards from Policy 2315 because they have been incorporated into Policy 2520.19. Policy 2520.19 was revised to embed the Student Success Standards from Policy 2315 in order to show the connection for student learning. Policy 2315 will reference these standards as core CSCP standards and as an integral part of the comprehensive school counseling program.


By merging the three sets of standards into one policy, the expectation is that staff can more easily understand how all these standards fit together and connect to student learning, resulting in more consistent delivery of the standards to students and contributing to the holistic development and success of all students.

PDF of the Policy

Link to WVDE comment site


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