WEST virginia legislature

2024 regular session

House Bill 4792

By Delegates E. Pritt and Willis

[Introduced January 16, 2024; Referred
to the Committee on Education]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-3-13, relating to creating an in-person training course for principals in public schools; informing teachers of due process rights; and providing for an Individualized Education Program format.

Be it enacted by the Legislature of West Virginia:

ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL DEVELOPMENT.

§18A-3-13. Training course for principals in public schools; informing teachers of due process; IEP format.

(a) Training course. – Principals who are employed with public schools in this state, and county board members in this state, shall receive a one-day informational training course, in person, covering the federal law on The Individuals with Disability Education Act 2004 (otherwise known as "IDEA 2004"), IDEA, Least Restrictive Environment LRE, updated discipline guidance that has been revised and sent out from the United States Department of Education, and parental rights when it comes to due process. The one-day training course shall include the following information:

(1) Principals and county board members shall be expected to know how many students are legally allowed in a special education classroom;

(2) Principals and county board members shall understand the way a waiver works in the case that the student to teacher ratio is over;

(3) Principals and county board members shall understand the teacher’s rights for due process;

(4) Principals and county board members shall understand the classroom teachers’ rights and that the teacher may not be reprimanded for advocating for their student; and

(5) Principals and county board members shall understand all information related to local advocate agencies and local United States Department of Education funded advocacy agency.

(b) Time period. – This course shall be given before December 31, 2024, and shall only be given afterwards to those having already received it if updated federal guidance is provided. It shall also be given to any newly employed principal or to a newly elected county board member after December 31, 2024.

(c) Due process rights. – Each principal and county board members shall inform teachers, in person, of their due process rights; including but not limited to:

(1) The documentation process within a 45-day grading period for teachers;

(2) The rights of teachers when it comes to informing parents of local advocates who can come to the Individualized Education Program ("IEP") meetings; and

(3) Protection methods in place for teachers who advocate for student placement.

(d) Individualized Education Program meeting format. – In every Individualized Education Program meeting, a representative of the school shall explain to the guardian of the child, verbally, the process for identifying a student, the parent and teachers due process rights, and local advocacy centers information and points of contact.

NOTE: The purpose of this bill is to create an in-person training course for principals in public schools. The bill informs teachers of due process rights. Finally, the bill provides for an Individualized Education Program format.

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