House 5321

WEST virginia legislature

2026 regular session

Committee Substitute

for

House Bill 5321

By Delegates Statler and Toney

[Originating February 24, 2026 in 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 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.