Chapter 18, Chapter 18

The state board shall adopt a basic model for individualized education programs to be used by all special education teachers throughout the public schools of the state when preparing individualized education programs for students with exceptional needs. The model achieved through…

(a) Each county board shall provide suitable educational facilities, special equipment and special services that are necessary to implement the IEP of each student with a disability. Special services include provisions and procedures for finding and enumerating exceptional studen…

(a) Each local educational agency (LEA) shall, after having received from the faculty Senates in its schools, the strategic plans mandated by subsection (13), section five, article five-a of this chapter, develop a local educational agency (LEA) strategic plan which includes the …

Each student prior to receiving a special education program shall be evaluated by a qualified professional, including but not limited to, a psychologist, educational specialist (reading specialist, speech and language clinician, or other specialists as required by the state Board…

(a) The State Superintendent of Schools shall organize, promote, administer and be responsible for: (1) Providing leadership and support to local educational agencies (LEA) in establishing, organizing and maintaining a continuum of services for students with exceptionalities. (2)…

In accordance with the Individuals with Disabilities Education Act, there shall be an advisory council for the education of students with exceptionalities which shall advise and consult with the state Board of Education on matters pertinent thereto. The advisory council shall be …

The state board shall establish exceptional children program compliance monitoring and accountability review teams to conduct cyclical on-site reviews of such programs at least every four years in each local educational agency (LEA) for the purpose of reviewing identification pro…

(a) The state departments of human services and education shall enter into a collaborative agreement for the purpose of developing a statewide plan of coordinating comprehensive, multidisciplinary interagency programs providing appropriate early intervention services to all devel…

Notwithstanding any other provision of this code to the contrary, the teacher-student ratio for gifted, honors, and advanced placement education in grades nine through twelve shall be the same as regular classroom education and not as required for special education of students wi…

As used in this article "at-risk youth" means all children between birth and seventeen and young adults between the ages of eighteen and twenty-one who are low income, receiving benefits from the Department of Human Services, legally under the jurisdiction of the Department of Hu…

As used in this article, unless used in a context that clearly requires a different meaning the term: "Academic skills instruction" means instruction on skill sets required to discover and take advantage of educational opportunities, including, but not limited to: post-secondary …

(a) A four-year pilot program is hereby established to provide participating middle schools with an elective course to better prepare fifth through eighth grade students to take advantage of West Virginia's career and technical education programs and to improve students' college …

Effective July 1, 2012, if funds are available, the Secretary of the Department of Human Services shall select a community-based organization to establish a special Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth in a specified community for a du…

The Secretary of the Department of Human Services shall: (1) Identify a county with the most at-risk youth, that also has adequate facilities and community leadership, to run a community-based pilot program that brings together both state and local organizations, to work collabor…

(a) The state board shall promulgate a legislative rule, and, if necessary, an emergency rule, pursuant to §29A-3B-1, et seq. to implement the provisions of this article. The provisions of the rule shall include, at a minimum: (1) Guidelines for admission to the pilot program; (2…

(a) The pilot program shall be operated by a local community-based organization under the direction of the Secretary of the West Virginia Department of Human Services and in collaboration with the State School Superintendent, county school superintendent, Executive Director of th…

The Governor is hereby empowered to make a special investigation, either in person or by a committee appointed by him of the condition, management or affairs of any state institution of higher education, and for the purpose of aiding any such investigation the Governor or committ…

The Governor may require the governing boards to perform any duty or work pertaining to the management and control of any of the institutions under their control and consistent with the objects of this article.

When the particular bonds for any dormitory or dormitories, housing facilities, food service facilities or motor vehicle parking facilities and the interest on the bonds shall have been paid or a sufficient amount has been provided for their payment and shall continue to be held …

Nothing in these sections dealing with dormitories, housing facilities, food service facilities or motor vehicle parking facilities may be so construed or interpreted as to authorize or permit the incurring of state debt of any kind or nature as contemplated by the Constitution o…

The governing boards, or one or more of their members, shall visit each of the state institutions of higher education under their control and management in whole or in part as often as may be necessary, and may hold a regular meeting of the governing boards at any such institutio…

A county board of education, the Teachers’ Retirement Board, the West Virginia Board of Education and the Department of Education and the arts and their agencies may provide by written agreement between the department, any such board or agency and any teacher or other employee to…

In conformity with the Constitutions of the United States and of West Virginia, it is the public policy of the state in matters of education that no human authority shall, in any case whatever, control or interfere with the rights of conscience or with religious liberty and that …

The following is applicable to private, parochial, or church schools or schools of a religious order: (a) Each school shall observe a minimum instructional term of 900 hours per school year; (b) Each school shall make and maintain annual attendance and disease immunization record…

(a) Each private, parochial, or church school or school of a religious order or other non-public school electing to operate under this statute in lieu of the approval requirements set forth as part of §18-8-1(b) of this code shall administer during each school year a nationally n…

Any private, parochial or church school or school of a religious order or other nonpublic school complying with the provisions of this article may, on a voluntary basis, participate in any state operated or state sponsored program otherwise made available to such schools by law.

(a) Any new school to which this article relates shall send to the State Superintendent of Schools of the State of West Virginia a notice of intent to operate, name and address of the school, and name of the school's chief administrator. (b) Any school to which this article appli…

No private, parochial or church school or school operated by any other religious group or body as part of its religious ministry or other nonpublic school which complies with the requirements of this article shall be subject to any other provision of law relating to education exc…

The state superintendent may waive the assessment requirement for parochial schools set forth in section three of this article if the state superintendent determines that a court of law has held that the assessment requirement would violate a provision of the state or federal Con…

This article shall be known, and may be cited as, the “West Virginia Jumpstart Savings Act”.

This article is known and cited as the West Virginia College Savings Program Act.

(a) Beginning on July 1, 2022, a person may open a Jumpstart Savings Account. (b) To open a Jumpstart Savings Account, the account owner must: (1) Provide all information required by the Treasurer; (2) Make a minimum opening deposit, if required by the board; and (3) Name a singl…

(a) In addition to any other requirements of this article, the board shall: (1) Provide annual statements on the savings plan accounts to the respective account owners; and (2) Prepare, or have prepared, a quarterly report on the status of the program, including the trust funds a…

(a) A distribution from a Jumpstart Savings Account that was used to pay for qualified expenses is not subject to the increasing income tax modification provided in §11-21-12m(c) of this code. (b) A change in the designated beneficiary of a Jumpstart Savings Account is not a dist…

The calculations of a beneficiary’s eligibility for state student financial aid for higher education may not include or consider the value of distributions available in a savings plan account.

Any information that would tend to disclose the identity of a beneficiary, account owner or donor is exempt from the provisions of chapter twenty-nine-b of this code. Nothing in this section prohibits disclosure or publication of information in a statistical or other form which d…

(a) As provided in §11-21-12m, §11-21-25, and §11-24-10a of this code, contributions, distributions, and employer matching contributions are eligible for specified decreasing modifications in determining taxable income, or specified tax credits against tax imposed by §11-21-1 et …

(a) The Prepaid Tuition Trust Escrow Fund, which was previously authorized by §18-30-6 of this code, is continued in the State Treasury to guarantee payment of outstanding obligations of the Prepaid Tuition Plan arising after the plan’s closure. The board is authorized to take an…

(a) In addition to any other requirements of this article, the board shall: (1) Prepare and provide an annual summary of information on the financial condition of the Jumpstart Savings Trust Fund and statements on the savings program accounts to the respective account owners; and…

(a) Notwithstanding any other provision of this code, the board and an apprenticeship provider, training or educational institution, or employer, are authorized to exchange information regarding participants in the program to carry out the purposes of this article: Provided, That…

Nothing in this article creates any obligation of the board, the Treasurer, the state, or any agency or instrumentality of the state to guarantee for the benefit of any account holder or designated beneficiary with respect to the: (1) Return of principal; (2) Rate of interest or …

Prior to the commencement of the program, the board shall promulgate legislative, procedural, or emergency rules, or any combination thereof, in accordance with the provisions of §29A-3-1 et seq. of this code, that include at a minimum, the following: (1) Requirements for any con…

(a) The Legislature recognizes the importance of cultivating an environment in West Virginia where our tradespersons and entrepreneurs can be successful in their careers and remain in their home state. The Legislature finds that a savings and investment program to assist our citi…

The Legislature finds and determines that enhancing the accessibility and affordability of education for all citizens of West Virginia will promote a well-educated and financially secure population to the ultimate benefit of all citizens of West Virginia, and that assisting indiv…

(a) For the purposes of this article, the following terms shall have the following meanings: (1) "Account owner" means the person who opens and invests money into a Jumpstart Savings Account, as provided in this article. "Advanced Career Education" or ACE, shall mean the same as …

For the purposes of this article, the following terms have the meanings ascribed to them, unless the context clearly indicates otherwise or as otherwise provided in 26 U.S.C. § 529: "Account" means a savings plan account established in accordance with this article. "Account owner…

(a) The Legislature makes the following findings regarding the amendments to this article adopted during the 2022 Regular Session of the Legislature: (1) Whereas the Prepaid Tuition Program and Plan, administered by the board from 1998 until 2021, was statutorily closed to new ac…

The West Virginia Jumpstart Savings Program is hereby established, to be operable on or before July 1, 2022. The board shall implement and administer the program under the terms and conditions required by this article.

(a) The West Virginia College Savings Program is continued. The program consists of the savings plan administered according to this article and the requirements of 26 U.S.C. §529. (b) The Board of Trustees of the College Prepaid Tuition and Savings Program is continued as a publi…

The West Virginia Jumpstart Savings Program shall be administered by the Board of Trustees of the West Virginia College and Jumpstart Savings Programs. The board is created in §18-30-4 of this code and is a public instrumentality of the State of West Virginia.