H. B. 2145
(By Delegate Spencer)
[Introduced February 16, 1993; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact sections three and seven, article
twenty, chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to further
amend said article twenty by adding thereto three new
sections, designated sections ten, eleven and twelve, all
relating to requiring publication of certain noncompliance
findings; changing certain requirements relating to the
membership of compliance review teams; use of behavioral
interventions in certain instances; and specifying the rules
to be developed by the state superintendent pursuant to
governing behavioral interventions.
Be it enacted by the Legislature of West Virginia:
That sections three and seven, article twenty, chapter
eighteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted; and that said
article twenty be further amended by adding thereto three new
sections, designated sections ten, eleven and twelve, all to readas follows:
ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN.
§18-20-3. County reports.
Counties maintaining special schools, classes, regular class
programs, home-teaching or visiting services and receiving or
requesting reimbursement from state appropriated funds shall file
with the state superintendent of schools on forms supplied by his
office, applications, annual reports and such other reports as he
may require.
In addition, each county school district shall cause to be
published in a newspaper of general circulation in the county, at
the end of each semester of the school year, the number of
findings of noncompliance and the type of issue cited and the
findings corrected for each school in the county.
§18-20-7. Exceptional children program compliance review teams.
The state board shall establish exceptional children program
compliance review teams to conduct random unannounced on-site
reviews of such programs at least every four six years in each
county for the purpose of reviewing identification procedures,
complying with any or all applicable laws and policies,
delivering services, verifying enrollment and attendance reports,
recommending changes, and fulfilling such other duties as may be
established by the state board:
Provided,
That a compliance
review team shall conduct an additional on-site review of a
county's special education program if the number of noncompliance
complaints filed with the state department of education againstthe county equals or exceeds five percent of the special
education population in that county in any school year. Such
review shall be completed within ninety days following the end of
the school year.
Each review team unit shall consist of a minimum of five
members including one member of an advocate for exceptional
children advocacy group who is not an employee of any county or
state government agency, one teacher of exceptional children or
certified personnel in the specific category or categories to be
reviewed, one person certified to interpret psycho-educational
assessments, one school finance official person knowledgeable in
the area of school finance and one financial auditor who shall
not be an employee of any county board, all appointed by the
state superintendent.
§18-20-10. Legislative intent regarding the use of behavioral
interventions.
(a) The Legislature finds and declares all of the following:
(1) That the state of West Virginia has continually sought
to provide an appropriate and meaningful educational program in
a safe and healthy environment for all children regardless of
possible physical, mental or emotionally handicapping conditions.
(2) That teachers of children with special needs require
training and guidance that provides positive ways for working
successfully with children who have difficulties conforming to
acceptable behavioral patterns in order to provide an environment
in which learning can occur.
(3) That procedures for the elimination of maladaptive
behaviors shall not include those deemed unacceptable or those
that cause pain or trauma.
(b) It is the intent of the Legislature:
(1) That when behavioral interventions are used, they be
used in consideration of the pupil's physical freedom and social
interaction, and be administered in a manner that respects human
dignity and personal privacy and that ensures a pupil's right to
placement in the least restrictive educational environment.
(2) That behavioral management plans be developed and used,
to the extent possible, in a consistent manner when the pupil is
also the responsibility of another agency for residential care or
related services.
(3) That a statewide study be reported of the use of
behavioral interventions with individuals with exceptional needs
receiving special education and related services.
(4) That training programs be developed and implemented in
institutions of higher education that train teachers and that in-
service training programs be made available as necessary in
school districts to assure that adequately trained staff are
available to work effectively with the behavioral intervention
needs of individuals with exceptional needs.
§18-20-11. State superintendents responsibilities.
(a) The provisions of this article apply to an individual
with exceptional needs who is in a public school program,
including a state school for the handicapped, or who is placedin a nonpublic school program, inclusive.
(b) The state superintendent of schools shall monitor and
supervise the implementation of this article.
§18-20-12. Behavioral intervention rule making.
(a) On or before the first day of January, one thousand nine
hundred ninety-four, the state superintendent of schools shall
develop and the state board of education shall adopt rules
governing the use of behavioral interventions with individuals
with exceptional needs receiving special education and related
services.
(b) The rules shall do all of the following:
(1) Specify the types of behavioral interventions which may
be utilized and specify that interventions which cause pain or
trauma are prohibited.
(2) Require that, if appropriate, the pupil's individual
education plan includes a description of the behavioral
interventions to be utilized which accomplished the following:
(A) Assesses the appropriateness of interventions.
(B) Assures the pupil's physical freedom, social
interaction, and individual choices.
(C) Respects the pupil's human dignity and personal privacy.
(D) Assures the pupil's placement in the least restrictive
environment.
(E) Includes the method of measuring the effectiveness of
the interventions.
(F) Includes a timeline for the regular and frequent reviewof the pupil's progress.
(3) Specify standards governing the application of
restrictive behavioral interventions in the case of emergencies.
These emergencies must pose a clear and present danger of serious
physical harm to the pupil or others. These standards shall
include:
(A) The definition of an emergency.
(B) The types of behavioral interventions that may be
utilized in an emergency.
(C) The duration of the intervention which shall not be
longer than is necessary to contain the dangerous behavior.
(D) A process and timeline for the convening of an
individual education plan meeting to evaluate the application of
the emergency intervention and adjust the pupil's individual
education plan in a manner designed to reduce or eliminate the
negative behavior through positive programming.
(E) A process for reporting annually to the state department
of education and the advisory council for the education of
exceptional children the number of emergency interventions
applied under this chapter.
The superintendent shall explore with representatives of
institutions of higher education, the current training
requirements in the area of special education for all teachers to
ensure that sufficient training is available for people entering
the field of education.
NOTE: This bill relates to the education of exceptional
children. It requires county school districts to publish, in a
newspaper of general circulation in the county, findings of
noncompliance, type of issue cited and findings corrected for
each school in the district. It requires on-site review of a
county's special education program, by a compliance review team,
if the number of noncompliance complaints equals or exceeds 5% of
the special education population in that county in any school
year.
The bill adds three new sections to the code which (1)
declare legislative intent regarding the use of behavioral
interventions; (2) the responsibilities of the state
superintendent; and (3)requiring the state superintendent to
behavioral intervention rules.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§§8-20-10,11 & 12 are new; therefore, strike-throughs and underscoring have been omitted.