WEST virginia legislature

2023 regular session

Introduced

House Bill 3549

By Delegates Clark, Statler, Ferrell, Longanacre, Hanna, Jennings, Hornby, Hite, Walker, Ellington and Toney

[Introduced February 14, 2023; Referred

to the Committee on Education]

A BILL to amend and reenact §18-20-1c of the Code of West Virginia, 1931, as amended, relating to prohibiting regular classroom teachers and special education classroom teachers required to participate an individualized education program committee from being required to prepare or reduce to writing the individualized education program plan unless no other knowledgeable professional is available.

Be it enacted by the Legislature of West Virginia:

ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN.

§18-20-1c. Integrated classrooms serving students with exceptional needs; and requirements as to the assistance, training and information to be provided to the affected classroom teacher.

(a) The regular classroom teacher is entitled to the following when placing a student with exceptional needs into an integrated classroom when the student’s individualized education program requires an adjustment in either the curriculum, instruction or service to be provided by the regular classroom teacher:

(1) Training provided pursuant to the integrated classroom program and additional individualized training, pursuant to the rules developed by the State Board of Education, if requested by the regular classroom teacher to prepare the teacher to meet the exceptional needs of individual students. Whenever possible, the training shall be provided prior to the placement. Where prior training is not possible, the training shall be commenced no later than 10 days following the placement of the student into the regular classroom. Unavoidable delays in the provision of training may not result in the exclusion of a special needs student from any class if the training cannot be provided in 10 days;

(2) A signed copy of the individualized education program for the special education student prior to the placement of the student into the regular classroom. The receiving and referring teachers shall participate in the development of that student’s individualized education program and shall also sign the individualized education program as developed. In all cases the teacher shall receive a copy of the individualized education program for the special education student prior to or at the time of the placement of the student into the regular classroom. Any teacher disagreeing with the individualized education program committee’s recommendation shall file a written explanation outlining his or her disagreement or recommendation;

(3) Participation by referring teachers in all eligibility committees and participation by referring and receiving teachers in all individualized education program committees which involve possible placement of an exceptional student in an integrated classroom;

(4) Opportunity to reconvene the committee responsible for the individualized education program of the student with special needs assigned to the regular classroom teacher. The meeting shall include all persons involved in a student’s individualized education program and shall be held within 21 days of the time the request is made; and

(5) Assistance from persons trained or certified to deal with a student’s exceptional needs whenever assistance is part of the student’s individualized education program as necessary to promote accomplishment of the program’s goals and objectives: Provided, That aides in the area of special education cannot be reassigned to more than one school without the employee’s consent.

(b) Except teachers already required to participate in the development of a student’s individualized education program and sign it as provided in subdivision (2) subsection (a) of this section, all other teachers in whose class or program a student with exceptional needs is enrolled shall:

(1) Participate in the meeting to develop the student’s individualized education program, or read and sign a copy of the student’s individualized education program plan acknowledging that he or she has read and understands it; and

(2) Make accommodations and modifications for the student, if needed or identified, to help the student succeed in the class or program.

This requirement includes, but is not limited to, teachers of music, musical education, art, driver education and other instruction offered.

(c) Unless no other professional educator with the knowledge required to write the individualized education program plan is available, a regular classroom teacher or special education classroom teacher required to participate in an individualized education program committee pursuant to this section may not also be required to prepare, or reducing to writing, the individualized education program plan.

NOTE: The purpose of this bill is to prohibit regular classroom teachers and special education classroom teachers who are required to participate an individualized education program committee from also being required to prepare or reduce to writing the individualized education program plan unless no other professional educator with the knowledge is available.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.