West Virginia Code § 18-20-12

Special education student instructor ratio; waiver; compensation to
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teacher when ratio exceeded.
(a) Self-contained and resource classrooms, as well as any special education environment,
shall not have a student/instructor ratio over the current limit provided for in the Individuals
with Disabilities Education Act 2004 and State Board Policy 2419. A two-week waiver may be
signed with the understanding that the local county board is responsible to eremediate the
situation while compensating the teacher with overage pay provided by the county per
county or federal funds. This waiver shall be good for two weeks to allorw the district time to
find an additional classroom teacher. Should the district be unable to find an additional
classroom teacher, the district, upon the agreement of the teacher, may submit a waiver to
the state board of education. This waiver shall have the teachers signature acknowledging
that although they are over the limit, they recognize that thits is a dire situation.
(b) The county may not submit a waiver to exceed the current limit of students set forth in
Individuals with Disabilities Education Act 2004 and Policy 2419 without the written consent
of the special education instructor. If the instructor chooses to sign the waiver to exceed the
limit, that instructor shall be entitled to the fusll amount of compensation as provided per
county.
(c) The county may not allow more tghan three students over the limit, even with the
additional pay for the teacher.

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