West Virginia legislation · 2026 Regular Session
West Virginia HB5321: To guarantee timely educational evaluations and continuity of services for children entering foster care.
Status: Passed one chamber, March 2, 2026
What the bill says
To amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §18-20-13, relating to guaranteeing timely educational evaluations and continuity of services for children entering foster care. ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN. §18-20-13. Guaranteeing timely educational evaluations and continuity of services for children entering foster care or transition homes. For purposes of providing Individualized Education Program ("IEP") or 504 services, the initial evaluation period for children entering foster care or transition homes shall be limited to a.
From the engrossed text, February 24, 2026:
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §18-20-13, relating to guaranteeing timely educational evaluations and continuity of services for children entering foster care. ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN. §18-20-13. Guaranteeing timely educational evaluations and continuity of services for children entering foster care or transition homes. For purposes of providing Individualized Education Program ("IEP") or 504 services, the initial evaluation period for children entering foster care or transition homes shall be limited to a maximum of 30 days. Further, upon the transfer of a student who is in the foster care system or transition home, the school from which the student transferred from shall provide the school for which the student transferred to with a copy of any current IEP or 504 PLAN for the student immediately upon transfer. The school shall then hold an IEP meeting or Student Assistance Team ("SAT") within five days of receiving the IEP or 504 PLAN. NOTE: The purpose of this bill is to guarantee timely educational evaluations and continuity of services for children entering foster care or transition homes. Strike-throughs indicate language that would be stricken from a heading, or the present law and underscoring indicates new language that would be added.