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Introduced Version - Originating in Committee Senate Concurrent Resolution 24 History

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SENATE CONCURRENT RESOLUTION NO. 24

(By Senator White)

[Originating in the Committee on Education;

reported February 22, 1995.]


Recommending that all schools and school districts in West Virginia utilize the Strategic Planning Guide for Faculty Senates developed by the West Virginia department of education in their strategic planning process.

Whereas, During the first extraordinary session of the Legislature of one thousand nine hundred ninety-four, Senate Bill No. 1000 provided a new responsibility for faculty senates which addressed the development of a strategic plan to assist in planning and managing the appropriate placement of students with exceptional needs; and
Whereas, The provisions set forth in Senate Bill No. 1000 are now part of section five, article five-a, chapter eighteen of the code of West Virginia; and
Whereas, Legislators have recently received requests from school committees to extend the deadline of the first day of March, one thousand nine hundred ninety-five, for each school's faculty senate to submit the strategic plan to the county superintendent to permit the faculty senates additional time to consider the complex issues related to the appropriate placement of exceptional students; and
Whereas, This extension will also grant county boards of education and the West Virginia board of education sufficient time to assemble the statewide information into a state strategic plan; and
Whereas, The Strategic Planning Guide for Faculty Senates provides guidance to faculty senates regarding each required component of the strategic plan; and
Whereas, The guide clearly emphasizes that the federal and state law have not changed regarding the consideration of educational placement for students with exceptionalities. The decision of placement, including the amount of participation in regular education, as appropriate, remains the responsibility of the students' individualized education program (IEP) committee; and
Whereas, Inclusion does not mean that all exceptional needs students must be educated totally in the regular classroom. As placement is determined on an individual basis, a full array or continuum or alternative placements of instruction in regular classes, special classes, special schools, home instruction or instruction in hospitals and institutions must be available if needed; and
Whereas, State and federal laws, as well as policy, dictate that final decisions regarding the placement of exceptional students continue to be made individually through the IEP process; and
Whereas, Prior to the final decision of the IEP committee, the process for a student suspected of having an exceptionality to be considered eligible for special education is as follows: The student is referred for assessment; a multidisciplinary evaluation is conducted by a team; eligibility for special education and related services is determined; an IEP committee is formed; the IEP committee considers the student's evaluation data and instructional and related service needs and develops goals and objectives based upon the needs; and the IEP committee determines the least restrictive placement or setting for the student to receive instruction; and
Whereas, The faculty of each school in West Virginia, through the development of a strategic plan, must carefully determine the direction and pace of the appropriate placement of students with exceptional needs in its school; therefore, be it
Resolved by the Legislature of West Virginia:
That the all schools and school districts in West Virginia are hereby directed to utilize the Strategic Planning Guide for Faculty Senates developed by the West Virginia department of education in their strategic planning process; and, be it
Further Resolved, That the Clerk of the Senate is hereby requested to forward a copy of this resolution to the state superintendent of schools.
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