H. B. 2960
(By Delegates C. White, Hubbard
and Dempsey)
[Introduced February 26, 1999; 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 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 training shall be provided prior to such placement. Where
prior training is not possible, such 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 not result in the exclusion of a special needs
student from any class in the event said 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.