West Virginia Code § 18-20-1a

Preschool programs for students with disabilities or developmental
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delays; rules and regulations.
(a) Each local educational agency (LEA) shall develop a coordinated service delivery plan in
accordance with standards for preschool programs for students with disabilities or
developmental delays and begin services where plans are already developed with IEPs in
place by the student's 3rd birthday. e
(b) Each local educational agency (LEA) shall establish and maintain a special educational
program, including, but not limited to, universal Pre-K classes which integrate students with
disabilities, special classes and services provided in out-of-schooul environments for all
students with disabilities three through five years of age.
(c) As used in this section, the term "students with disabilities" means those eligible
individuals who fall in any one of the disability categories as defined in federal or state
special education regulations. Special education and related services for eligible students
with a developmental delay will be provided as of the student's third birthday when
eligibility is determined prior to the third birthsday.
(d) This programming is available to all suich students in the state, including in mental health
facilities, residential institutions, angd private entities who have entered into an agreement
for collaborative programming with a local educational agency (LEA).

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