December 18, 2003
Elaine Benson
Special Education Director
Barbour County Schools
105 South Railroad Street
Philippi, WV 26416
Letter of Clarification FY04-04
Policy 2525 Universal Pre-K and
Policy 2419
Dear Ms. Benson:
You have requested clarification regarding how West Virginia State Policies
2525: West Virginia’s Universal Access to Early Education System and Policy 2419:
Regulations for the Education of Exceptional Students apply to a child with a disability
who has turned four after September 1, 2003. Other specific information include the
following:
•
•
•
•
The child’s current IEP identifies the student’s placement as a preschool
special needs classroom;
The parents have requested a regular Pre-K classroom at his home school
(the same location as his special needs class) for the remainder of the 2003
school year;
The current enrollment in the regular Pre-K classroom is 20 with a teacher
and an aide; and
In a recent IEP team meeting, Barbour County Schools has offered to
serve this child in the special needs class with additional inclusion days
with regular Pre-K in his home school and another school in the county.
Barbour County Schools has also offered enrollment in another school in
an open attendance area in a regular Pre-K classroom where there is space
according to a waiver approved by the WV State Board of Education for
the 2003-2004 school year.
Elaine Benson
December 18, 2003
Page 2
In addition, the parent whose child is the subject of your inquiry has contacted
Robin Bolling, Assistant Director and Ginger Huffman, Coordinator, OSE, to discuss
concerns regarding the education of her child. Therefore, in the context of all
information provided by district and the parent, your questions and responses of the
Office of Special Education are as follows:
Question:
Can a regular Pre-K program be provided in another school in an open
attendance zone in a county if the whole school regular, Pre-K program is
full?
Response:
Yes. In addition, for a preschool child with a disability, Policy 2419,
Section 5.1.5.i. also specifies that the child’s placement is in the home
school, unless the student’s IEP requires some other arrangements.
Therefore, although placement in the student’s home school may be
preferable, districts are not required to provide services at each school.
Please note that providing the Pre-K program in multiple locations for a
child as previously described is inappropriate. Policy 2525 states that to
the extent possible, programs will be designed to minimize the number of
settings in which a child receives education and services. The parent/
guardian should be given options to enroll their child in a program that
meets the needs of the family and supports consistency and continuity for
the child.
However, providing the Pre-K program in multiple locations for a child as
previously described is inappropriate. Policy 2525 states that to the extent
possible, programs will be designed to minimize the number of settings in
which a child receives education and services. The parent/ guardian
should be given options to enroll their child in a program that meets the
needs of the family and supports consistency and continuity for the child.
Question:
Can Policy 2419 override Policy 2525 in making placement decisions
about a regular, Pre-K program if the child is not age eligible under
Policy 2525 for universal preschool programming?
Response:
Students eligible to participate in a Pre-K program means any child,
regardless of ability, who is four by the first day of September of the year
he/she is to enroll or whose enrollment is mandated under state and/or
federal law. A child may meet Policy 2525 eligibility criteria in one of
two ways:
Elaine Benson
December 18, 2003
Page 3
•
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the child turns four year prior to September 1 of the year he/she
wishes to enroll, or
the student has an IEP.
Therefore, a student who is three years of age and has an IEP meets
the definition of an eligible child under Policy 2525.
Policy 2525 does not address the placement of a preschool student with a
disability. Policy 2419, Section 5.1.5.i. outlines the requirements for
determining an eligible student’s placement. A student’s placement cannot
be based upon: a) category of exceptionality; b) availability of special
education placement options; c) availability of educational or related
services; d) availability of staff; and e) availability of space. The
procedures for determining a preschool student’s placement are no
different than for a school age student. The student’s special education
services and subsequent placement are an IEP team decision based upon
the student’s present levels of educational performance. Placement in the
regular education environment and discussion with regard to the
supplementary aids and services needed to support the student in that
setting must be the first placement considered by the IEP team. For
preschool students, the regular education environment may be a variety of
options such as a Pre-K classroom, Head Start or day care. If an IEP team
determines that an IEP eligible child’s placement is Regular Education
Full-time, the child’s IEP must be implemented regardless of the
availability of personnel or the other considerations listed in Policy 2419
5.1.5.i.
With regard to issues pertaining to a free appropriate public education,
including placements of preschool students with disabilities, parents are
afforded specific procedural safeguards including prior written notice,
mediation and/or due process hearings.
Question:
Can Policy 2419 override Policy 2525 in placing a child in a regular PreK classroom that is currently full with 20 students and has a 10:1 student
to adult ratio?
Response:
No. For technical assistance, please contact a member of the Policy 2525
Training and Steering Team:
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Ginger Huffman, Coordinator, OSE, at (304)-558-2696 (V/TDD), or
Cathy Jones, Coordinator, at (304)-558-2691.
Elaine Benson
December 18, 2003
Page 4
I trust this information will be helpful to you in resolving the situation described
in your request for clarification. If you have further questions regarding this issue or
need more information, please contact Ginger Huffman, Coordinator at (304)-558-2696
(V/TDD).
Sincerely,
Dee Braley, Ed.D.
Executive Director
Office of Special Education
DB/RB/jly
C: Cathy Jones
Ginger Huffman
Parent