Policies and Guidance Documents

The West Virginia Department of Education, Office of Special Education (OSE) has a responsibility, under federal statute and regulations to have a system of general supervision that monitors the implementation of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) by local education agencies (LEAs). The system is accountable for enforcing the requirements and for ensuring continuous improvement with an emphasis on improving educational results for students with disabilities. In addition, West Virginia Code § 18-20-1 (Education of Exceptional Children) requires WVDE to assure that all exceptional students receive an education in accordance with state and federal laws and regulations.

Download the OSEP Guidance on State General Supervision Responsibilities Under Parts B and C of the IDEA.

Policy 2419: Regulations For The Education Of Students With Exceptionalities

Policy 2419:  Regulations For The Education Of Students With Exceptionalities follows the requirements of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004) and West Virginia State Code, Chapter 18, Article 20.  These policies and procedures apply to preschool, early childhood, middle childhood, adolescent and adult students whose educational programs require special education and related services.  Local Educational Agencies (LEAs) must adopt and implement appropriate special education policies and procedures to receive federal funds available under IDEA 2004.

  • Policy 2419: Regulations for the Education of Students with Exceptionalities Effective March 13, 2023.
    For a comprehensive list of education policies please visit the West Virginia Board of Education website West Virginia Board of Education (WVBE) Policies (state.wv.us)
  • Policy 2419 Powerpoint Training (March 2023)
    This presentation summarizes changes to Policy 2419 related to: policy language and terminology including provisions related to public charter schools; procedural changes; alignment of language with federal, state, and board policy; updated glossary and acronym lists; clarifications concerning eligibility criteria, IEPs, caseloads, least restrictive environment and classrooms, special education and related services; as well as clerical revisions (e.g., typographical errors and formatting).
  • Procedural Safeguards  (2024)
    To facilitate informed parent involvement, this document explains the rights of parents, and students to whom rights have transferred, in the special education process. It also describes the processes available for resolving disputes related to a student’s special education program.
  • Manual de garantias procesales (Procedural Safeguards – Spanish version – 2024)
    Due to the minimal changes listed above, the 2023 Spanish version is an accurate representation of the information contained in the current English version. For questions related to translated versions, please contact Teresa Brown

Policy: 5314.01: Autism Mentor

The Autism Mentor Policy 5314.01 describes the mandatory standards and experiences necessary for service personnel seeking to obtain the Autism Mentor classification title. The individual county verifies all standards, except Standard #2, which is verified by the West Virginia Department of Education Office of Special Education upon receiving the applicant’s paperwork.

Please access the policy here: Policy 5314.01

Autism Mentors

Policy 2520.16: West Virginia Alternate Academic Achievement Standards

Policy 2520.16 West Virginia Alternate Academic Achievement Standards defines the alternate academic achievement standards grades K-12 for students with the most significant cognitive disabilities and provides rigorous and challenging standards to meet the requirements of Policy 2510.

The Every Student Succeeds Act (ESSA) requires the state to adopt challenging alternate academic achievement standards, linked to the state’s grade-level academic content standards, for students with significant cognitive disabilities, to form the basis of instruction, assessment and accountability for this group.   A student’s Individualized Education Program (IEP) Team determines whether the student has a significant cognitive disability requiring instruction on these standards.  West Virginia Alternate Academic Achievement Standards will ensure alignment of the state’s alternate academic achievement standards with the West Virginia College- and Career-Readiness Standards in the areas of English language arts, mathematics, and science for grades K-12 which is consistent with the Every Student Succeeds Act (ESSA) requirements

Policy 2520.16: Next Generation Alternate Academic Achievement Standards for Science in West Virginia Schools (PDF, external), (Word); Effective July 1, 2018: Title becomes West Virginia Alternate Academic Achievement Standards (PDF), (Word)

Social Studies: Best Practices for Alternate Academic Achievement Standards 

Please refer to Policies page for more information.

WV Alternate Academic Achievement Standards Support Documents:

Policy 2520.18: 21st Century American Sign Language Content Standards and Objectives for West Virginia Schools

American Sign Language, recognized and accepted as a foreign language since the 1960’s, is a non-written, visual and gestural language that is widely used as the dominant sign language in the United States and Canada. It is a fully developed language, linguistically complete with a complex grammatical structure, semantics, vocabulary and syntax. Instead of relying on sounds, ASL is a combination of handshapes, body movement, hand positions, and facial expressions. Consequently, it is a unique and distinct language which differs from English and other spoken languages, from sign languages used in other countries, and from other English-based sign systems.  As with all living languages, ASL continues to grow, change and evolve.

Just as a common “spoken” language defines a culture, American Sign Language defines and supports a distinct community and culture: the Deaf community and Deaf culture. This policy reflects the language, community and culture.

Policy 2520.18: 21st Century American Sign Language Content Standards and Objectives for West Virginia Schools (PDF), (Word);
Policy repealed effective July 1, 2018

IDEA 2004

The Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004) is a United States law that mandates equity, accountability and excellence in education for children with disabilities. The Individuals with Disabilities Education Act (IDEA) ensures that all children with disabilities are entitled to a free appropriate public education to meet their unique needs and prepare them for further education, employment and independent living.

For more IDEA related forms, please visit IDEA Forms.

West Virginia Code

State code is comprised of multiple chapters that affect and protect WV citizens.  Chapters 18 and 18A address preK-12 education and education personnel laws that must be adhered to across all counties. 

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