H. B. 2337
(By Delegates C. White, Hubbard and Dempsey)
[Introduced February 20, 2001
; 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 on
the maximum class size for integrated classrooms and allowing
a teacher to request additional personnel to assist with
integrated instruction related to 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
the training shall be provided prior to
such the
placement. Where
prior training is not possible, such the
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 may not result in the exclusion of a special needs
student from any class in the event said the training cannot be
provided in said ten days;
(2) A signed copy of the individualized education program for
the special education student prior to 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 program and shall also sign the
individualized education program as developed. In all cases the
teacher shall receive a copy of the individualized education program
for the special education student prior to or at the time of the
placement of the student into the regular classroom. Any teacher
disagreeing with the individualized education program committee's
recommendation shall file a written explanation outlining his or her
disagreement or recommendation;
(3) Participation by referring teachers in all eligibility
committees and participation by referring and receiving teachers in
all 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
promote accomplishment of the program's goals and objectives:
Provided, That aides in the area of special education cannot be
reassigned to more than one school without the employee's consent.
When a classroom teacher concludes, based on the number of
students with disabilities in his or her classroom or the severity
of the disability of one or more students in the classroom, that an
aid or an additional teacher is needed to assist in providing
instruction and services to avoid compromising instruction and
services for both the students with disabilities and other students
in the classroom, the teacher shall make a written request for
assistance to the principal of the school, with a copy to the county
superintendent of schools: Provided, That if the need for
assistance is for instruction and services to a single student with
disabilities in the classroom, the teacher shall instead seek
additional assistance through an adjustment to the student's
individualized education program.
Within five working days of receipt of the request, a team
consisting of one teacher certified and currently teaching in the
field of special education, one teacher certified and currently teaching in the same grade level or certification area as the
teacher making the request, and one county office administrator
shall be appointed by the superintendent, with one of the two
teacher members being selected by the teacher making the request for
assistance.
Within five days of their appointment, the team shall meet with
the teacher, review individualized education programs of the
students with disabilities assigned to the classroom, observe in the
classroom, review documentation provided by the teacher supporting
the request for assistance, and shall determine if an aide or an
additional teacher is needed in the classroom and for what
percentage of the instructional day. If an additional teacher is
determined to be needed, the team shall specify the certification
they have determined the additional teacher should possess, the
amount of time the teacher is needed, and the assistance the teacher
would need to provide. Within five days of concluding their work,
the team shall convey their recommendation in writing to the
individualized education program team for the integrated students
and the county superintendent of schools, with supportive
documentation and reasoning. If the team recommends than an aide
or an additional teacher be assigned to assist in the classroom, the individualized education program team shall review the
recommendation to ensure that it does not impede a student
individualized education program, and the county superintendent may
within five days put the recommendation in effect or may reject the
recommendation. If the superintendent rejects the recommendation,
the teacher making the request may appeal to the board of education.
(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.
(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
in the class.
NOTE: The purpose of this bill is to reduce the size of each
classroom in which students with exceptional needs are served to
ensure that all students in the classroom receive appropriate
attention to succeed, and to allow a teacher to request additional personnel to help with integrated instruction.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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