Senate Bill No. 95
(By Senators Barnes and Sypolt)
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[Introduced January 15, 2007; referred to the Committee on
Education; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18-20-1e, relating
to placement of instructional aides for exceptional students;
and providing for placement of aides trained in working with
autistic students.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18-20-1e, to read as
follows:
ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN.
§18-20-1e. Placement and use of instructional teacher aides.
(a) Consistent with the approach of professional educators,
instructional aides, by virtue of placement at the time of
employment, are to remain in that placement for the duration of the
instructional term when serving students identified as possessing exceptionalities where staff changes are deemed disruptive to the
student's emotional and/or psychological well-being. The
responsibility for making this determination lies with county
educators in consultation with parents, teachers, administrators
and any other members of the SAT. While aides deemed to be in a
position of this nature are allowed to apply and perhaps be
selected for alternate positions during the course of the
instructional term, the change in assignment would not occur until
the end of the instructional term. This provision is not to limit
the board of education's ability to manage staff in accordance with
other provisions of law.
(b) It is further recognized that autistic students, or those
possessing autistic tendencies, may require individualized
attention of instructional aides. In addition to seniority, which
is the primary consideration for all service personnel placements,
aides that have completed autism training through programs offered
by or approved through the West Virginia Department of Education
shall receive preference for placement into these special
assignments on the basis of seniority of others applying for and
possessing similar training. In the absence of such trained
personnel, or should the trained personnel choose not to apply for
such positions, the placement of aides shall be made in accordance
with existing procedures and provisions of law.
NOTE: The purpose of this bill is to require instructional
aides to remain in their employment placement for the duration of
an instructional term when serving exceptional students. The bill
also provides for preferential placement of aides trained in
working with autistic students.
§18-20-1e is new; therefore, underscoring and strike-throughs
have been omitted.
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