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Introduced Version House Bill 3078 History

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hb3078 intr
H. B. 3078


(By Delegates Houston and Beach)
[Introduced
March 17, 2005 ; referred to the
Committee on Education then the Judiciary.]




A BILL to amend and reenact §18-20-1 of the Code of West Virginia, 1931, as amended, relating to eliminating the need for children with learning disabilities or psychological or behavioral disorders from having to be sent out of state in order to receive treatment for their disability or problem; directing the county boards of education to continue to develop treatment capacity and programs for children with learning disabilities and psychological or behavioral disorders; and, directing the State Board of Education to promulgate rules to be used as guidelines by county boards in the continuing development and expansion of capacity and programs to address these special needs of certain children.

Be it enacted by the Legislature of West Virginia:
That §18-20-1 of the Code of West Virginia, 1931, 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 limited to, 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 as gifted 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 limited to, 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 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.
It is the policy of the Legislature that no child with a learning disability or psychological or behavioral disorder should have to, of necessity, be treated out of state to address the disability or disorder, due to the absence of sufficient treatment capacity and programs in this state. In accordance with this policy, county boards throughout the state shall establish and maintain adequate treatment capacity and programs to address the learning disabilities and psychological and behavioral disorders of the children under their authority. Provided, That in the event existing capacity or programs needed to address a child's particular disability or disorder are insufficient or nonexistent in state, nothing in this section may be construed from preventing a child from receiving treatment out of state.
The State Board is hereby directed to promulgate rules in accordance with the provisions of article three-b, chapter twenty-nine-a, designed as guidelines for the various county boards of education to develop treatment capacity and programs for children with learning disabilities and psychological and behavioral disorders.




NOTE: The purpose of this bill is to
eliminate the need for children with learning disabilities or psychological or behavioral disorders from having to be sent out of state in order to receive treatment for their disability or problem. In furtherance of this end, the bill directs county boards of education to continue to develop treatment capacity and programs for children with learning disabilities and psychological or behavioral disorders, while directing the State Board to promulgate rules to be used as guidelines by county boards for continuing development of capacity and programs.

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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