H. B. 4384

         (By Delegates Campbell, Poling, Perry, Tomblin,

          Young, Barrett, Lawrence, Hartman, L. Phillips,

                        Ferro and Hunt)

         [Introduced January 31, 2014; referred to the

         Committee on Education.]

A BILL to amend and reenact §18-20-1c of the Code of West Virginia, 1931, as amended, relating to education of exceptional children; and requiring teachers of students with exceptional needs to either be present at an individualized education program meeting or to read and sign a copy of the individualized education program plan indicating that they have read the plan.

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 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 the 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 if 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.

    (b) Notwithstanding any provision of this section or other provision of law to the contrary, all instructional teachers involved in teaching students with exceptional needs with individualized education programs are required:

    (1) To be present at an individualized education program meeting; or

    (2) Read and sign a copy of the individualized education program plan indicating that they have read the plan; and

    (3) To make modifications for students, if needed or identified, to help the students succeed in a subject, after the instructional teacher has read an individualized education program or attended an individualized education program meeting.

    This applies to, but is not limited to, teachers of music, musical education, art, driver’s education courses and all other courses required by this code.

    NOTE: The purpose of this bill is to require teachers of students with exceptional needs to either be present at an individualized education program meeting or to read and sign a copy of the individualized education program plan indicating that they have read the plan and to make modifications intended to help students in a particular subject.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.