Attorney General JB McCuskey praises WVDE response to concerns over Hope Scholarship and special needs students

Attorney General JB McCuskey is praising the WVDE after it agreed with his position that there should be more support given to special education students who had participated in the Hope Scholarship and are returning to the public school system.

Attorney General JB McCuskey praises WVDE response to concerns over Hope Scholarship and special needs students

Robert Fields | WVOW News

CHARLESTON West Virginia Attorney General J.B. McCuskey is praising the state Department of Education for its response concerning Hope Scholarship students with special needs.

McCuskey says the department has agreed that students returning to public schools after participating in the Hope Scholarship should not be treated as though they are entering the special education system for the first time.

"The Department’s response confirms what we’ve been saying from the beginning: policies like those adopted by Kanawha County Schools are not the appropriate way to handle returning Hope Scholarship students needing special education services," he wrote last week in a press release.

This comes after McCuskey had threatened legal action against the state Board of Education and Kanawha County Schools over a letter sent to Hope Scholarship families, which the district said was intended to notify parents that an IEP is no longer active when a student withdraws from public school. The Attorney General’s Office had asked schools to take specific steps to ensure returning students with disabilities receive the services and protections they need.

According to McCuskey, the WVDE has adopted the framework proposed by his office, including additional support and disciplinary protections. Returning students should also receive interim services upon re-enrollment rather than waiting for a new evaluation process.

The WVDE is issuing statewide guidance reinforcing those principles. The department also determined that a letter previously sent by Kanawha County Schools was legally imprecise and inconsistent with federal regulations and will be corrected. The county school board had previously disputed McCuskey's legal analysis and said it thought it was following federal law.

McCuskey says the goal is to ensure returning Hope Scholarship students receive appropriate services and are not placed at the back of the line for special education assistance.

"Contrary to what the letter from KCS suggested, re-enrolling students will now be given more support, including disciplinary protections," McCuskey wrote. "Most importantly, students should enjoy interim services upon re-enrollment, so they are supported from day one rather than waiting."

"We hope to continue to work with the WVDE and other partners to ensure that West Virginia’s children receive the education they deserve," he said.

PHOTO | Nellie Adamyan - Unsplash