FISCAL NOTE
Date Requested: January 20, 2023
Time Requested: 01:40 PM |
| Agency: |
Education, WV Department of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1895 |
Introduced |
HB2850 |
|
|---|
| CBD Subject: |
Education (K12) |
|---|
|
FUND(S):
N/A
Sources of Revenue:
General Fund N/A
Legislation creates:
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
Students with various disabilities for which the IEP team has determined the general education environment is the least restrictive environment are served each day in general education classrooms. In ELA, math, science and social studies, the number of students with disabilities requiring accommodations in those courses is limited to 30% of the classroom population.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2023
Increase/Decrease
(use"-") |
2024
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
0 |
0 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
0 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
Students with various disabilities for which the IEP team has determined the general education environment is the least restrictive environment are served each day in general education classrooms. In ELA, math, science and social studies, the number of students with disabilities requiring accommodations in those courses is limited to 30% of the classroom population. This bill will require the IEP committee to determine if classroom assistant teachers are needed in the general education classroom. This is a process that should already be occurring as part of the IEP process.
Memorandum
1.) In line 4, we believe the writer means oppositional defiant disorder. We are not aware of any diagnosis called obstinate defiant disorder.
2.) In line 30, the 21-day timeline has been and continues to be in our state policy that has just been revised, and there were was no opposition from stakeholders during public hearings or the comment period. The LEA must coordinate with school schedules, the schedules of IEP team members, and provide the parent appropriate notice. This typically does happen within 14 days, but the 21-day timeline has been long accepted and a change to code would put our new policy out of compliance with state code.
3.) In line 37, almost every classroom in WV is an integrated classroom, It is important that the federally required mechanism already in place to identify, document and enforce the necessary supports for students with disabilities to be served in their least restrictive environment is continued to be used. Specifically, the IEP team develops an individualized education program for each student with a disability based on the input of required members of the team, which includes at least one general education teacher of the student. A teacher has the right under IDEA to request an IEP team meeting to discuss the needs of a student and the team will determine appropriate amendments to the student’s IEP.
4.) A federally required mechanism is already in place to identify, document and enforce the necessary supports for students with disabilities to be served in their least restrictive environment (which is often the general education classroom). Specifically, the IEP team develops an individualized education program for each student with a disability based on the input of required members of the team, which includes at least one general education teacher of the student.
Person submitting Fiscal Note: Samuel E. Pauley
Email Address: sepauley@k12.wv.us