W. Va. Code R. § 126-28-5

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 126-28-5 - Eligibility and Enrollment

5.1. WV Pre-K shall be a voluntary program. Eligible child shall mean any child, regardless of ability, who is four years old prior to July 1 of the year the child is to enroll.

5.1.a. Three year old children can be enrolled in the WV Pre-K System if they have an IEP. Three year olds without IEPs may be present in the collaborative classroom if they qualify under the community program's enrollment guidelines. Children may not be excluded based on developmental delays.

5.1.b. Children who are age eligible for kindergarten in accordance with W. Va. Code § 18-5-18 shall be enrolled in kindergarten, instead of WV Pre-K, unless assessment data can determine that kindergarten placement for that child is not in the child's best interest. The WV Pre-K Child Assessment System data can be utilized for five year old children previously enrolled in WV Pre-K; alternative assessment data will be necessary for five year old children who are new enterers.

5.1.c. A child may remain in the WV Pre-K classroom for longer than one year if the decision is in the best interest of the child and based on child assessment data.

5.2. Programs will be designed to minimize the number of settings in which a child receives education and care services. 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. Placement shall not be limited to the local school district in which the child lives if openings are available in participating programs within that county that better meet the child and family's needs.

5.3. A county-wide universal enrollment process must be maintained that includes:

5.3.a. a universal application that includes the necessary information to identify eligibility, services, and family need for Head Start, child care, and other community programs, including but not limited to income identification, residency, child care needs, and family characteristics;

5.3.b. a system for collection and review of universal applications; and

5.3.c. selection criteria and placement processes that are transparent and available to the public.

5.4. Upon enrollment, children entering an approved WV Pre-K classroom must have age appropriate immunizations as defined by the Centers for Disease Control and Prevention (CDC) Advisory Committee on Immunization Practices (ACIP) and recommended by WVDHHR. Children who are not fully immunized may be provisionally enrolled, providing a plan has been developed to assure full immunization, but may not enter WV Pre-K classrooms until they have received the first dose of each required vaccine.

5.5. All children entering an approved WV Pre-K classroom should have on file within 45 days of enrollment or prior to the first day of school attendance a record of a HealthCheck screening, or other comprehensive health screening comparable to the HealthCheck protocol. All screening forms shall be signed and dated by the child's licensed health care provider and completed within the past 12 calendar months. Counties can retain the right to conduct follow-up screening.

5.6. All children entering an approved WV Pre-K classroom should have on file within 45 days of enrollment/entry or prior to the first day of school attendance a record of an oral health examination.

5.7. W. Va. Code § 16-3D-3 requires that students found or suspected to have active tuberculosis shall be temporarily removed from school while their case is reviewed and evaluated by their personal physician and the local health officer. Students shall return to school when their personal physician, and the local health officer, in consultation with the Commissioner for the Bureau of Public Health (Commissioner), indicates it is safe and appropriate for them to return. School personnel found or suspected to have active tuberculosis shall have their employment suspended until the local health officer, in consultation with the Commissioner, approves a return to work. The Commissioner may require selective testing of students and personnel for tuberculosis when there is reason to believe that they may have been exposed to the tuberculosis organism or they have signs and symptoms indicative of the disease. School nurses shall identify and refer any students or school personnel to the local health department in instances where they have reason to suspect that the individual has been exposed to tuberculosis or has symptoms indicative of the disease.

W. Va. Code R. § 126-28-5