IDEA Disability Categories in West Virginia
What disability categories qualify for an IEP in West Virginia?
West Virginia recognizes all 13 disability categories under IDEA as implemented through W. Va. C.S.R. § 126-16-1.4 and § 126-16-6.5. The categories are: autism, deaf-blindness, deafness, developmental delay (for children ages 3 through 8), emotional/behavioral disorder (West Virginia uses 'emotional/behavioral disorder' rather than 'emotional disturbance'), hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, and visual impairment (including blindness). West Virginia uses the term 'emotional/behavioral disorder' (EBD) rather than the federal term 'emotional disturbance.' West Virginia uses the term 'intellectual disability' consistent with Rosa's Law. Developmental delay may be used for children ages 3 through 8 at the LEA's discretion (W. Va. C.S.R. § 126-16-6.5.1). West Virginia refers to students with disabilities as students with 'exceptionalities' in its state rules (W. Va. C.S.R. § 126-16-1.4).
What West Virginia Requires
West Virginia recognizes all 13 IDEA disability categories as implemented in W. Va. C.S.R. § 126-16-6.5; a student must meet criteria for at least one category to be eligible for special education.
West Virginia uses the term 'emotional/behavioral disorder' (EBD) rather than the federal term 'emotional disturbance' — a state-specific terminology difference (W. Va. C.S.R. § 126-16-6.5.1).
West Virginia uses the term 'intellectual disability' consistent with Rosa's Law (Pub. L. 111-256) and the federal regulation update at 34 CFR 300.8(c)(6).
Developmental delay may be applied to children ages 3 through 8 at the LEA's discretion; after age 8 students must be re-evaluated under a specific disability category (W. Va. C.S.R. § 126-16-6.5.1).
West Virginia's rules refer collectively to students receiving special education as students with 'exceptionalities' (W. Va. C.S.R. § 126-16-1.4).
A student may not be identified as having a disability if the determinant factor is lack of appropriate instruction in reading or math, limited English proficiency, or a visual, hearing, or motor disability (34 CFR 300.306(b)).
Key Timelines
Eligibility determination must be made within the 60-calendar-day evaluation timeline after parental consent (W. Va. C.S.R. § 126-16-6.3.1).
Reevaluation to confirm continuing disability category eligibility must occur at least every three years, and more often if conditions warrant (W. Va. C.S.R. § 126-16-6.4.1; 34 CFR 300.303(b)).