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.