Plain English Breakdown
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HB5321 • 2026
To guarantee timely educational evaluations and continuity of services for children entering foster care.
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
The plain English breakdown is still being put together. The official documents below are already here.
To Education
To Education
Introduced in Senate
Communicated to Senate
Passed House (Roll No. 242)
On 3rd reading, Special Calendar
Read 2nd time
On 2nd reading, Special Calendar
Read 1st time
On 1st reading, Special Calendar
By substitute, do pass
Markup Discussion
To House Education
Introduced in House
To Education
Filed for introduction
To guarantee timely educational evaluations and continuity of services for children entering foster care.
HB 5321 Text
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Engrossed Version
House Bill 5321 History
OTHER VERSIONS
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Committee Substitute (1)
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Introduced Version
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Key:
Green
= existing Code.
Red
= new code to be enacted
WEST virginia legislature
2026 regular session
ENGROSSED
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.
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