H. B. 2337


(By Delegates C. White, Hubbard and Dempsey)

[Introduced February 20, 2001 ; 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 is 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 the training shall be provided prior to such the placement. Where prior training is not possible, such the 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 may not result in the exclusion of a special needs student from any class in the event said the 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.