HB2145 SUB As Reported Out
COMMITTEE SUBSTITUTE
FOR
H. B. 2145
(By Delegate Spencer)
(Originating in the House Committee on Education)
[March 25, 1993]
A BILL to amend and reenact section seven, article twenty,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to exceptional
children program review teams; requiring such reviews every
six years and more often under certain circumstances;
requiring publication of certain noncompliance findings;
and changing certain requirements relating to membership of
compliance review teams.
Be it enacted by the Legislature of West Virginia:
That section seven, article twenty, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; as follows:
ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN.
§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 board against the 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 determination that such
additional review is required.
The state board, within thirty days of the final findings
being issued pursuant to this section, shall cause to be
published in a newspaper of general circulation in the county in
which a review was conducted, the number of findings of
noncompliance, the type of noncompliance cited, and the steps
taken or to be taken to correct any noncompliance for each school
in the county. Findings of noncompliance shall also be included
in the report cards required pursuant to section four, article
two-e of this chapter.
Each review team unit shall consist of a minimum of five
members including no less than one member of an advocate for
exceptional children advocacy group appointed by the council of
exceptional children who is not an employee of any county or
state government agency, no less than one teacher of exceptional
children or a teacher certified in the specific category or
categories to be reviewed, no less than one person certified to
interpret psycho-educational assessments, no less than one
school finance official or former school financial official andno less than one financial auditor who shall not be an employee
of any county board, all appointed by the state superintendent.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.