H. B. 2147
(By Delegate Spencer)
[Introduced February 16, 1993; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact section one, article twenty, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to education of
exceptional children; and which county is responsible for
the cost of these educational services for homebound
instruction.
Be it enacted by the Legislature of West Virginia:
That section one, 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.
§18-20-1. Establishment of special programs and teaching
services for exceptional children.
In accordance with the following provisions, county boards
of education throughout the state shall establish and maintain
for all exceptional children between five and twenty-one years
of age special educational programs, including, but not limitedto, special schools or classes, regular classroom programs, home-
teaching or visiting-teacher services for any type or
classification as the state board shall approve. Special
educational programs shall continue to be provided to those
children who are at least twenty-one years of age and enrolled
in the above mentioned "special education program" prior to the
first day of September, one thousand nine hundred ninety-one,
until they reach twenty-three years of age. Provisions shall be
made for educating exceptional children (including the
handicapped and the gifted) who differ from the average or normal
in physical, mental or emotional characteristics, or in
communicative or intellectual deviation characteristics, or in
both communicative and intellectual deviation characteristics,
to the extent that they cannot be educated safely or profitably
in the regular classes of the public schools or to the extent
that they need special educational provisions within the regular
classroom in order to educate them in accordance with their
capacities, limitations and needs:
Provided,
That for the school
year beginning on the first day of July, one thousand nine
hundred ninety, provisions shall be made for educating
exceptional children, including the handicapped, the gifted in
grades one through eight, the pupils enrolled on the first day
of July, one thousand nine hundred eighty-nine, in the gifted
program in grades nine through twelve and the exceptional gifted
in grades nine through twelve. The term "exceptional gifted"
means those students in grades nine through twelve identified asgifted and at least one of the following: Behavior disorder,
specific learning disabilities, psychological adjustment
disorder, underachieving, or economically disadvantaged.
Exceptional gifted children shall be referred for identification
pursuant to recommendation by a school psychologist, school
counselor, principal, teacher, parent or by self-referral, at
which time the placement process, including development of an
individualized education program, and attendant due process
rights, shall commence. Exceptional gifted children, for
purposes of calculating adjusted enrollment pursuant to section
two, article nine-a of this chapter, shall not exceed one percent
of net enrollment in grades nine through twelve. Nothing herein
shall be construed to limit the number of students identified as
exceptional gifted and who receive appropriate services. Each
county board of education is mandated to provide gifted education
to its students according to guidelines promulgated by the state
board and consistent with the provisions of this chapter. Upon
the recommendation of a principal, counselor, teacher and parent,
a student who does not meet the gifted eligibility criteria may
participate in any school program deemed appropriate for the
student provided that classroom space is available. In addition,
county boards of education may establish and maintain other
educational services for exceptional children as the state
superintendent of schools may approve.
County boards of education shall establish and maintain
these special educational programs, including, but not limitedto, special schools classes, regular class programs, home-
teaching and visiting-teacher services. The special education
programs shall include home-teaching or visiting-teacher services
for children who are homebound due to injury or who for any other
reason as certified by a licensed physician are homebound for a
period that has lasted or will last more than three weeks:
Provided,
however, That pupils receiving such homebound or
visiting-teacher services shall not be included when computing
adjusted enrollment as defined in section two, article nine-a,
chapter eighteen of this code. The state board shall adopt
rules, develop and implement guidelines and policies to set
minimum hours of instruction each child in homebound instruction
receives to ensure that learning continues to occur and to
advance and accomplish this program and to assure that all
exceptional children in the state, including children in mental
health facilities, residential institutions and private schools,
will receive an education in accordance with the mandates of
state and federal laws:
Provided, however,
That commencing with
the school year beginning on the first day of July, one thousand
nine hundred ninety-one, all exceptional children in the state in
foster care and correctional facilities will receive an education
in accordance with the mandates of state and federal laws.
The cost of providing educational services to children
covered under homebound instruction who temporarily reside in
another county for health care, evaluation or other purpose shall
be paid by the county of the child's residence.
NOTE: The purpose of this bill is to provide that the
county of a child's residence pays the cost of educational
services to children covered under homebound instruction who
temporarily reside in another county.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.