West Virginia § 18-20-12 - 18-20-12. Special education student instructor ratio; waiver; compensation to teacher when ratio exceeded.
Full text of West Virginia West Virginia Code § 18-20-12 — 18-20-12. Special education student instructor ratio; waiver; compensation to teacher when ratio exceeded., with citation guidance and answers to common questions.
§ 18-20-12. 18-20-12. Special education student instructor ratio; waiver; compensation to teacher when ratio exceeded.
(a) Self-contained and resource classrooms, as well as any special education environment, shall not have a student/instructor ratio over the current limit provided for in the Individuals with Disabilities Education Act 2004 and State Board Policy 2419. A two-week waiver may be signed with the understanding that the local county board is responsible to remediate the situation while compensating the teacher with overage pay provided by the county per county or federal funds. This waiver shall be good for two weeks to allow the district time to find an additional classroom teacher. Should the district be unable to find an additional classroom teacher, the district, upon the agreement of the teacher, may submit a waiver to the state board of education. This waiver shall have the teachers signature acknowledging that although they are over the limit, they recognize that this is a dire situation.
(b) The county may not submit a waiver to exceed the current limit of students set forth in Individuals with Disabilities Education Act 2004 and Policy 2419 without the written consent of the special education instructor. If the instructor chooses to sign the waiver to exceed the limit, that instructor shall be entitled to the full amount of compensation as provided per county.
(c) The county may not allow more than three students over the limit, even with the additional pay for the teacher.
Source: official West Virginia text · Last verified 2026-08-27
Frequently Asked Questions About West Virginia § 18-20-12
What does West Virginia Code § 18-20-12 cover?
Section 18-20-12 ("18-20-12. Special education student instructor ratio; waiver; compensation to teacher when ratio exceeded.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite West Virginia § 18-20-12?
A common citation format is "West Virginia Code § 18-20-12" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of West Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.
How does West Virginia § 18-20-12 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.