H. B. 2403


(By Delegates G. Martin, Thomas, Hubbard,


Beach, Fragale, Calvert and Haskins)

[Introduced February 8, 1995; referred to the

Committee on Education then Finance.]




A BILL to amend and reenact section one-c, article twenty,
chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to placing limits upon the maximum class size for integrated classrooms.

Be it enacted by the Legislature of West Virginia:
That section one-c, article twenty, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
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.


The regular classroom teacher shall be 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, such training shall be provided prior to such placement. Where prior training is not possible, such training shall be commenced no later than ten days following the placement of said student into the regular classroom. Unavoidable delays in the provision of training shall not result in the exclusion of a special needs student from any class in the event said training cannot be provided in said ten days;
(2) A signed copy of the individualized education program for the special needs student prior to or at the time of 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 plan and shall also sign the individualized education plan as developed. In all cases the teacher shall receive a copy of the individualized education plan for the special needs student prior to or at the time of the placement of the student into the regular classroom. Any teacher disagreeing with the individualized education plan committee's recommendation shall file a written explanation outlining his or her disagreement or recommendation;
(3) Participation by both receiving and referring teachers, upon the receiving teacher being identified, in all eligibility committees and 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 twenty-one days of the time the request is made;
(5) Assistance from persons trained or certified to deal with a student's exceptional needs whenever such assistance is part of the student's individualized education program as necessary to ensure the student's exceptional needs can be met: Provided, That aides in the area of special education cannot be reassigned to more than one school without the employee's consent;
(6) For integrated classrooms as described in this section, grades prekindergarten through six, the maximum class size established by section eighteen-a, article five of this chapter shall be reduced by two pupils for every pupil with exceptional needs to be served; and
(7) For integrated classroom as described in this section, grades seven through twelve, the maximum class size may not exceed twenty-five pupils per teacher and the class size shall be reduced by two pupils for every additional pupil with exceptional needs to be served after the first student with exceptional needs is placed therein.





NOTE: The purpose of this bill is to reduce the size of each classroom wherein students with exceptional needs are served to ensure that all students in the classroom may receive appropriate attention to succeed.

Strike throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.