West Virginia Code Chapter 18. Education § 18-20-5. Powers and duties of state superintendent

(3)(A) Preparing the necessary rules, policies, and formulas for distribution of available appropriated funds, reporting forms and procedures necessary to define minimum standards in providing suitable facilities for education of exceptional children and ensuring the employment, certification and approval of qualified teachers and therapists subject to approval by the State Board of Education: Provided, That no state rule, policy or standard under this article or any county board rule, policy or standard governing special education may exceed the requirements of federal law or regulation.

(B) A separate appropriation shall be made to the Department of Education to be disbursed to county boards and public charter schools authorized pursuant to § 18-5G-1 et seq. of this code to assist them with serving exceptional children with high cost/high acuity special needs that exceed the capacity of county to provide with funds available. Each county board and public charter school shall apply to the state superintendent to receive this funding in a manner set forth by the state superintendent that assesses and takes into account varying acuity levels of the exceptional students. Any remaining funds at the end of a fiscal year from the appropriation shall be carried over to the next fiscal year. When possible, federal funds shall be disbursed to county boards and public charter schools for this purpose before any of the state appropriation is disbursed. The state board shall promulgate a rule in accordance with the provisions of § 29A-3B-1 et seq. of this code that implements the provisions of this subdivision relating to disbursing the funds to the county boards and public charter schools. The rule at least shall include a definition for “children with high acuity needs”.