ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 4384

(By Delegates Campbell, Poling, Perry, Tomblin, Young, Barrett, Lawrence, Hartman, L. Phillips, Ferro and Hunt)

[Passed March 3, 2014; in effect ninety days from passage.]

AN ACT to amend and reenact §18-20-1c of the Code of West Virginia, 1931, as amended, relating to education of exceptional children; requiring processes for certain other teachers of students with exceptional needs to either participate in the meeting to develop or document reading and understanding of the student’s individualized education program; and requiring accommodations and modifications if needed or identified.

Be it enacted by the Legislature of West Virginia:

    That §18-20-1c of the Code of West Virginia, 1931, 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.

    (a)The regular classroom teacher 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, the training shall be provided prior to the placement. Where prior training is not possible, the training shall be commenced no later than ten days following the placement of the student into the regular classroom. Unavoidable delays in the provision of training may not result in the exclusion of a special needs student from any class if the training cannot be provided in 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; and

    (5) Assistance from persons trained or certified to deal with a student's exceptional needs whenever 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.

    (b) Except teachers already required to participate in the development of a student’s individualized education program and sign it as provided in subdivision two of this section, all other teachers in whose class or program a student with exceptional needs is enrolled shall:

    (1) Participate in the meeting to develop the student’s individualized education program, or read and sign a copy of the student’s individualized education program plan acknowledging that he or she has read and understands it; and

    (2) Make accommodations and modifications for the student, if needed or identified, to help the student succeed in the class or program.

    This requirement includes, but is not limited to, teachers of music, musical education, art, driver education and other instruction offered.