ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 433
(By Senators Withers, Wagner and Humphreys)
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[Originating in the Committee on Education;
reported March 5, 1994.]
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A BILL to amend article twenty, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section one-c, relating to exceptional needs children; including receiving and referring teachers on eligibility and individualized education plan committees; requiring teachers to sign education plan; requiring written explanation of recommendation; mandating that teachers receive needed information, training and assistance according to rules.

Be it enacted by the Legislature of West Virginia:
That article twenty, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section one- c, to read as follows:

ARTICLE 20. EDUCATION OF EXCEPTIONAL NEEDS CHILDREN.

§18-20-1c. Committees include both receiving and referring teachers; teachers participate in plan development and sign plan; teachers disagreeing with plan to file explanation; rules to determine training and assistance received by teachers.

All eligibility committees and individualized education plan committees which involve possible placement of an exceptional student in an integrated classroom shall include both the receiving and referring teachers.
The receiving and referring teachers shall participate in the development of that student's individualized education plan and shall also sign the individualized education plan as developed. Any teacher disagreeing with the individualized education plan committee's recommendation shall file a written explanation outlining his or her recommendation.
Any teacher whose classroom is to be integrated with an exceptional student shall receive such specialized information, training and assistance as is needed to serve effectively the exceptional student and all other students in the classroom according to rules as developed by the state board of education.