WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 5321

By Delegates Statler and Toney

[Introduced February 09, 2026; referred to the Committee on Education]

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.

Be it enacted by the Legislature of West Virginia:

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 evaluation period for children entering foster care or transition homes shall be limited to a maximum of 30 days.

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.