001Just right. It's not bad at all. Yeah. Yeah, that's what I was asking. >> Yeah, I was just asking if that was a raise and is that not getting the other people apply. was joking. I was joking. I just you don't get one here. Take this is it's not as great but it's better than where you are now. But you're you're getting rid of those positions anyway. He's that guy's Joel's position. >> Middle school. >> Yeah. Coordinators. He's getting rid of those. >> That was the other thing I was going to ask him. >> Oh, now everybody can hear. >> Dr. Bishop, so aren't you getting rid of these coordinator positions anyway? Okay. Because that was the other thing I was thinking. Look, >> I don't have secrets. >> Secrets of >> Everybody knows I
002don't have secrets. >> Anything else you want to know? >> Right. >> Well, actually, I can come up with >> See how far the um I know, right? I just need a little bit. Welcome to the October 27, 2025 Justin County School special meeting HB 2499 and policy 24/19 training. Before we go any further, I'd like to turn it over to Dr. Bishop for an announcement. Next up will be the ple uh please join for the pledge of allegiance. flag of United States to the Okay, next up we'll have the actual ASP 2499 and policy 2419 training presentation. I'm Christy Horning. I'm the director of special programs with Jefferson County Schools. As you stated, we're here to go over a mandated training for board personnel. Um, if you look at your slide presentation, I believe
003it's slide three. It says why House Bill 24.99. Um, we're here to provide training to ensure that um, our leadership understands schools. mandated training for >> you why hospital 24.99 we're here to provide training to ensure that um our leadership understand >> yeah sounds >> for your understanding of IDA west You're under For those online, please be patient. We have uh some technical difficulties. >> For those online, please be patient. We have Oh, Testing. Testing. lag. >> Still there. >> Still lag. >> Lagging. >> It just said testing, testing about 30 seconds after you said it. It's coming through the speakers. Yeah. >> So you might want to just turn the main system off this lag. >> It just said testing about 30 seconds after Testing. Testing. Destiny. Destiny. That's Justice. Yes. She So, what
004we're going to do is don't talk in the mic. just talk loud. The training is just for us so that we can get through it. I give them 30 minutes to to try and troubleshoot it. Um but interested in your time. So, however you plan on briefing it to make it faster because unfortunately >> all right. So, we're here to go over um IDA and policy 24/19 and how it relates to IDA as part of the House Bill 249 training. If we can go to slides three and four. >> Um, we'll have to pull the slides up. We'll have them and we just talk to it. >> All right. So, >> what we're doing is ensuring that you all as leaders understand these policies. Um, 2419 is the state's interpretation of IDPA. Um, and it
005is the regulation for students with um, disabilities act. So again, IDA is set up um which is a federal law ensuring that all students with disabilities um receive failure, free and appropriate education and it tailor to their unique needs um for education, employment and independent living. Um it protects the rights of of children with disabilities and their parents and applies to all public education or agencies um receiving part B funding. Um it ensures that states qualify for part B. Um, and if we we participate in funding from the federal government, we must meet the requirements and then policy 2419 sets up those requirements in order for us to meet. Um, so again um the state board policy 24/19. It um governs the special education services for students aged 3 through 21 in West Virginia and
006it defines the responsibilities of the state and local education. agencies in complying with the IPA. Um it includes students identified as gifted or exceptionally gifted. Um the state education agency is the agency responsible for providing state supervision for public elementary schools at secondary schools. It ensures that IDA requirements are followed for programs serving students with um disabilities and it oversees those programs including those run by other state or local agencies. that ensures again that we meet those um state standards. So under your local education agency LEA, this includes county boards of education, schools, facilities under the West Virginia um department of ed supervision, charter schools responsible for providing quality education services. Um faith is um again your free and appropriate education, special education or related services provided to students that are needed at public expense
007under the public supervision without any charge to families. Um and that includes an individualized education program identifying students with disabilities. We have a child finding responsibility in the district and for all districts in our state. Um students who are brought forth for Child Find um can be evaluated and within 80 days of parent consent for evaluation, we must complete um those evaluations and meet to determine if the child meets the three-prong criteria for special education services, meaning they meet the criteria for as having a disability. Um there is an adverse effect to educational performance and they need specially designed instruction. Um we use mult sources of data, not just one single test to determine this. And eligibility um committees are made up of a multidisciplinary team. So it can include general education teachers, special education
008teachers, school psychologists, counselors, administration, and any other related services that could be impacting the students um education such as speech, OT, or um the IP process. Once a child is identified through an evaluation as needing or meeting criteria student with the disability and needing an IEP um again we provide that individual education program to the student. It is something that must be reviewed annually and revised and we progress monitor um goals that are written on the plan quarterly um for all students. So again, IEPs have to um be met on at least once every 12 months. Um either parents or teachers can call an IEP meeting at any time if they feel it is necessary to revise the plan. Um make any kind of changes for the betterment of the student success. Um teams review
009progress and goals of these meetings. They revise goals and services and placement as needed. and parents are invited and informed and advanced to these meetings. Now, we put in a policy within the district um for an annual IEP. The parents are provided a draft 3 days prior to the IEP meeting. That way, parents can read over the IEP and be an active informed participant. They're not hearing it for the first time at the meeting. It's a lot of information to take in, and we certainly want parents to give input uh during those meetings. Um again, parents are equal IEP team members. Um students are invited starting at age 14 when we begin to talk about transition planning. Um and this looks at what um we need to do to support the child postsecary education, whether
010that's entering the job force, um going to a post-secary educational institution. All of that planning that starts at age 14 helps us prepare a student for what life looks at outside of graduation. Um we have procedural safeguards and advocacy resources that are provided to parents. Um and these are um located at all of our school. Parents receive a copy of the procedural safeguards at least annually. We talk about progress monitoring. Um we regularly progress monitor the goals on the IEP. Um we share uh progress with parents every time a child receives a report card. So when they receive a report card, they also receive the progress monitoring report related to the IE goals. Um that data is used to drive instruction and support for the student and it is documented in their student records. Least
011restrictive environment. Um the core principle of the least restrictive environment is that we want to um educate our students with their uh typical peers as much as possible. This is with uh their other peer general education students in the general education classroom and this is to the maximum extent possible. We don't want to pull students from this environment but only to provide them with instruction and especially designed instruction that meets their needs. Um so when we take into account the present levels of performance and the goals that we have written we also take into account what do services look like to meet those goals and that is an individual decision for every child. Um when we talk about placement we talk about meeting the needs of the student um as close to the student's home
012school as possible. Not all of our our schools have programs. Um, for instance, our LEAP programs are in some of our schools, not all of our schools. So, a child may need placement in the LEAP program that would need to look at going outside of their home school, but we do try to to make those school placements um as close to home as possible. When we talk about services for children, we look at what we call a continuum of services, meaning we are meeting them where they are um providing services for uh what their again what their goals look like. Um this could be in a co-taught classroom. Um it can be a pushin service in the general education classroom. It could look like a pullout service to a special education self-contained classroom. Um but
013the least restrictive environment is the environment that meets the student needs. When we talk about nonacademic and extracurricular services, we do have to ensure that our students have every opportunity to engage in those activities. So we need to provide supplementary supports. Um we need to take into account what that looks like so that children can access those activities as well. So, LRE, when we look at early childhood education, which is ages 3 through five, our pre-K program, we do have um regular early childhood programs, um which is our universal prek classrooms. We have a special education class. If necessary, we can look at separate school, um a residential facility, home um study services, or services provided in an alternate location. That would be the the services we would work through for school age students uh
0146 through 21. Again, we have the um identification of general ed full-time, general ed part-time, separate class, special school, out of school environment, residential facility, currently placed in private school and correctional facilities. Those are all of the continuum of services. And next is our discipline procedures and Dr. Williams go over those. So when we're talking about discipline procedures, um the first thing that the LEA or the district has to do is to make sure that we have PBIS or positive behavior supports in place. Um and if that does is not successful for a student then the next thing we have to do is to look at positive behavioral interventions which could come in the form of a behavior intervention plan if that would need to be done. Um protected students protections apply to students with
015disabilities and those that are not yet eligible under if the LDA had knowledge of a disability. So students that are protected once they become eligible with an IEP or if they don't have one but they're in that identification process, they are protected under the laws um as we're going to talk about here in just a second. Um the LEA is considered to have knowledge if the parent or adult students express concerns in writing. So if a parent expresses it in writing and says, "I would like my child to be looked at for child services or for eligibility," then they are protected there. if they request it in writing um during the evaluation and if they think that there's a pattern of behaviors that they become protected individuals. Protection also apply if an evaluation request is
016made during the disciplinary process. That's a little bit of a one that maybe we don't agree with, but that's also an ineligibility. Protections do not apply to students who are expressly gifted. they they are not under um under the federal. So they are not protected um if and they're also not protected if the evaluation finds no disability, if the parent or student does not consent to evaluation or if they have refused the special ed services that were offered to them. When we talk about disciplinary removal, um that includes out of school suspensions, expulsions, and the interim alternative educational settings or an IED. Um in school suspension is generally not a change of placement or disciplinary removal. Here in Jefferson County, we stress that if a student is put into in school suspension that their case
017manager checks in with them during the day to ensure that they need if they need any help or if they are getting their services, then that does not count as a disciplinary removal. So it does not go towards the 10 days that every special ed student has in their bank. Um school personnel can remove a student for up to 10 consecutive school days or 10 cumulative school days before we can go into talking about a change of placement. Um services do not have to be provided to a student that is suspended unless they are receiving those services as a general education student. So we do not have to provide the education to the student um if we don't provide education when a when a general education student is suspended is what that means. When we
018talk about a bus suspension, a bus suspension can count towards a student's 10 days if um transportation is a part of the student's IEP. And I apologize that we're running through this. I'm trying to speak as fast I can to make sure that you get everything covered. If there's anything we want to talk about at a later meeting, we can definitely come back and do that. When we talk about a disciplinary change of placement, I don't want you to necessarily think that it's a physical change from the student from their school. Okay? That occurs when a student is removed for more than 10 consecutive school days. Um or if there's a pattern of similar behaviors, then there could be a disciplinary change of placement. Um additional factors such as uh length of removal, total time
019removed, or proximity of removals from one to the other. When we reach that 10th day or 10 plus days, then we have to do what's called an MDR or a manifestation determination rem review. That's required within 10 days of the suspension. 10 school days of the suspension, excuse me. Um, and the IEP team determines if the behavior was caused by or had a direct or substantial relationship to the student's disability or if there's a direct result of the LEA failing to implement part of the IEP. Those are the two prongs that we look at when we go through an NPR. If either one of those two are a yes, then the district has to do an FBA if one was already not done. And then there has to be a behavior intervention plan developed or
020it has to be reviewed and possibly changed. The student has to return to the original placement if the district says yes to those things unless there's a special circumstance that we'll talk about in just a second. If it's a no that that neither one of those two questions can be answered, then the school personnel can apply the discipline procedures just like a general education student. However, the IEP team must still determine if there are needed educational services that can be provided there. And then it's always best practice to look at an FBA even though it wasn't due to their disability. There are some special circumstances that students can be brought before the board for expulsion. um those fall under um weapons, illegal drugs, and serious bodily injury are the three prongs that a student can
021be brought before you for expulsion. A student with a disability can have a level four offense, discipline offense, and not be brought to you for expulsion, unlike a general education student that the the requirement set in stone there. Weapons is pretty uh self-explanatory. Illegal drugs are pretty self-explanatory. when we get into serious bodily injury, that's a very gray area and our attorneys will tell you the same thing. That's a very gray area when we start talking about that. Um, that means that there was bodily injury involving substantial risk of death, extreme physical pain, or a protracted or obvious disfigurement. That's something for us to talk about another time. um in an IEES or in that 45day window that we can take the student out of the general or out of the setting um we still
022must continue to give them their education in some way and attempt to make progress towards their IEP goals. There's also an expedited due process hearing um that can be requested if the parent or adult student disagrees with the MDR or the disciplinary placement. That occurs much faster and the hearing officer has to give their their hearing results back a lot faster than what would normally be in place. When we talk about parental rights and due process um procedural safeguards notice, we give we stress that we give procedural safeguards at every single solitary meeting that a parent comes to. They can refuse it um but they have to have it every year but or if there is a due process complaint or if there is a disciplinary removal. Prior written notice is given um has to
023be provided to the parent within 5 days post meeting. The priory notice is opposite what it sounds like. Parents think that a prior notice has to be given before the meeting. A prior notice is like the minutes and it goes over anything pertinent, any changes that were made, um, any decisions that were made or refused to be made. That comes after the meeting has been held. For notice of meetings, a parent requests a meeting within 10 days. that LDA has to schedule the meeting to be held within 21 days of the parent requesting it. Those are all days that you don't have to get into, but that's how West Virginia follows it. And every state is different in terms of those days for for what they follow. Uh parental participation um has to be offered
024to the parent. It could it has to be either by phone, by virtual or in person. Um and we have to make a necessary attempt. Typically that is two different attempts to get the parent to attend the meeting and if they don't then the LEA can proceed although we typically do not proceed unless we have to do it for some strange reason. Um there is informed written consent is required for an initial evaluation. We as an LEA cannot go forward with an evaluation without parental consent in writing as them signing of what they know we're doing. That's one thing that we cannot move forward without. When we talk about um the parent disagreeing, they can go before or they can ask for an independent evaluation. Um that's called an IE if they disagree with the
025LEA's decision or the district's decision. And the district needs to consider that and then determine if they are going to approve the LEA and fund it. or they can say no, they're not going to approve the LEA and they have to give uh in writing to the parent why they are refusing to um grant the IE adult rights for adult students and transfer rights in West Virginia at age 18. The rights under DEA transfer to the student to the adult student unless a legal guardians are appointed. That typically comes into play when we start talking about our alternative education students. Um so and the IEP team has to train has to talk about that at the stu before the student's 17th birthday. Um for when we talk about dis dispute resolution, the first one is
026a facilitate IEP meeting. A facilitate IEP meeting only can be brought into play once the student qualifies as having an an IEP. Um that is simply where the state sends in people to kind of facilitate. They do not make any decisions at all. They are simply there to talk both sides out, try to bring about a decision, but they do not make any decisions on either party's behalf. When we talk about a state complaint, that's the next one. Um, an individual or an organization, the LEA or the parent can file a state complaint at any point in time. Um, that is a written complaint to the to the Western Department of Education. Whatever they are quoting has to have occurred within one year of the complaint. they cannot go farther back than 365 days for
027a state complaint. Once that state complaint is filed, then we can go to mediation um where we can hopefully work out what the request is for either party. And if that doesn't work, then they can go before with a due process complaint. The due process complaint is a formal process. It is just like going to court and there is a hearing officer that makes his decision in that and the LEA or the parent must uh follow whatever the hearing officer rules. When we go to dispute resolution, unresolved disputes, it's always best to try to solve them through mediation if we can. Um that's always what we want to do. That's what our council wants to do. They never want to go to um to a due process because that does cause harm. There is a
028stay put clause that goes into play. it's not what's best for the district or for the student. When we go into class sizes for student with disability, maximum student teacher ratios are defined under policy 2419. The county may apply for a waiver if it's necessary. The county cannot apply for a waiver beginning the school year. So if there is a something that goes against policy, it cannot have occurred on day one. Has to occur after that point. Um the oversight responsibility is really at the principal and the superintendent levels. Counties may request wavers for ratios. They must demonstrate all along the way though that there is a recruitment effort going ongoing. So we have to show that we are continuing to post or continue to look for applicants for that. Um but approval is required
029by the department of ed. When we talk about West Virginia prek classrooms, there is a maximum of 20 students per classroom with a 50% ratio. So it cannot be any more than 10 students with an IEP. It also cannot be more than 50%. So if we have nine general education students and 10 special education students, that is not in compliance. Um staffing ratios vary depending on the number of students with IEPs. When we go into K through 12 classrooms, there are staffing ratios there that is in outlined in it. Um talking about whether we're at level one, level two, or level three. I don't want to take the time into that because I see we are already at 549. Um again when we talk about temporary waiverss and teach teacher compensation there is a twoe
030waiver that's granted if ratios are exceeded during which the district compensates the teacher. If the teacher isn't found after two weeks a waiver extension can be sought with the teachers agreement. Accounting cannot exceed the student limit by more than three students. So that's more than our ratio that we're looking at. Cannot go over three. If the student numbers exceed the established staffing ratio, LEAs must add staff or submit a written waiver request to the WPDE. Waivers are considered case by case and valid for the current school year only. When we talk about teacher protections, um the next slide is specifically outlines the rights and responsibilities and protections for our general education teachers when serving students with exceptional needs. Teacher entitlements. Teachers are entitled to training at their request. If a teacher says they would like
031uh they would like training on disalia, dyslexia, whatever that may be, the LEA has to provide that training within 10 days of their request to us or to their request of the building level principal. For the IEP, the they must receive a copy of the student's IEP. That is all digital. That is on the read IEP under Weeus app. They can see the they can see the students IEP. So that's where that's taken care of. No longer do we have to go and print those things out. Whenever possible to referring or receiving teachers are are encouraged to participate in the eligibility process because they bring the best information forward. Requesting an IEP meeting. Teachers can can reconvene the IEP committee. We talked there about it's after 45 days of data collection, the teacher can request
032that additional IEP meeting to be held. They have the right to advocate without repercussion. Um there's a no reprisal. There's a reprisal policy that we have here in Jefferson County. Um so we are not we would not hold against a teacher any for them to say that I don't think they're meeting their needs. We need to go back to the the table for an IEP. >> Um IEP participation. knowledge teachers must either participate in the IEP or read and sign a copy of the student's IEP stating that they have read it, they understand it, they're going to implement it. Now, the physical signature does not have to happen. That can be done on the Weis Act. Um that they can sign that accommodations and modifications. They must make and document appropriate accommodations and modifications as
033identified in the IEP. Um general education students are not responsible for keeping daily accommodation logs, though that's a big thing that's been brought up by our unions. They do not have to do that. However, when we come before a due process or a state complaint, the teacher has to somehow for say that they gave them their accommodations. Um, parents and guardians may request daily accommodation logs. However, we don't we hope that that doesn't come up into play here because that does put an un perceived burden on our teachers. Um the data for placement the IEP must include data to support placement decisions and documentation process within a 45day grading period. They can gather that the teachers gather that data for 45 days. Once they bring that, they can come back to the team and say,
034"I've got this data. I don't believe that they are being served in their best least restrictive environment. We should look at something different." At every IEP meeting, the school representative shall verbally explain the following. This is another piece that just came out of House Bill 2499. Um, we it has to be explained to them the student identification process, also called child. It must explain to them their due process rights as a parent or guardian. It must explain the teacher protections, the procedural rights. It also has to explain the information and contact points for local ed advocacy centers. Um, we have done this through Jefferson County has worked with the um public relations. I know that's not the correct thing. Sorry, Kelsey, your department. But we have created a a video that is read. Um it
035takes about four minutes which takes a lot off our people to have to read that. They simply press play, it runs and then they can do other things in the meeting so that we're kind of streamlining the process of time here. Um the board of education and um the principal have to inform teachers of the documentation process for 45day grading period for teachers. the rights of teachers when it comes to informing parents of the local advocates, protection methods in place for teachers who advocate for student placement and all teacher protection rights set forth under that code 18-20-1 C. Um when we talk about leadership um responsibilities, leadership responsibility including uh the principles and assistant principles is to monitor IED compliance, ensure staff are trained, promote an inclusive environment, and respond to parent concerns appropriately and
036promptly. The use of data for specially designed development track growth and disproportionality and informed placement and service decisions. 554. I had my alarm set for 5:55 to make sure I was done so that I could answer any questions for Christ. I can answer any questions that you might have. I know that was a very quick whirlwind probably disrespectful training to you, but I wanted to abide by the 45 minutes as well as going over everything that some of you have already been trained. pretty much anything. >> Yeah. >> I have a question or two. Um, >> are we good now for this? >> Oh, sure. >> Honors classes. >> Yes. My apologies. I turned you on. >> I have a question or two. Um, >> is that it? Okay. So, this you said the student
037has an IEP. >> Yeah. I just want to know if they can be in honors classes and if they can go to college. >> Um, yes and yes. >> The IEP does not prohibit a student from going to college at all. Make sure that's clear to everybody because a lot of parents complain that they're told their child can't if they have an IT they can't put it on. >> Everything is based off of specially designed instruction what the student needs. So yes, there's nothing that prohibits the student from going. >> I just wanted to make sure that's clear with everybody. Um and the versus a 504 that is so unclear. Can you just decide explain? So we can definitely explain to the four board members that are sitting here, but if you're looking for something
038more publicly for people to understand, remember this isn't being recorded so they can't hear it out. So I don't know whether you want us to come back and do a more public >> versus how does the child what is the difference between child being identified as needing a 504 versus needing an IEP. So remember I talked about that three-p prone criteria. One meaning eligibility requirements, two an adverse effect. And you could have either one of those but not need specially designed instruction. It's the specially designed instruction piece that takes on identification for special ed and an IEP. Accommodations are provided as a part of the IEP along with the specially designed instruction. But a 504 looks at that um the accommodation piece. some of the areas like occupational therapy is not a standalone disability exceptionality.
039Um, and so if a student qualifies for occupational therapy, it is a service they're providing, but it's a service that's an issue in a 504. >> But if they have that OT plus, they have maybe ADHD and maybe they have anxiety. A lot of students um have ADHD and anxiety and um are able to access their learning through accommodations that are provided to them. Um and those accommodations are what are provided and listed on a 504. Any student um with a 504 can also apply to the office of disability for colleges to take that um documentation with them so that they can continue to receive those accommodations. I I just um if the student has needing OT so and the 504 doesn't have goals does it? >> No. Um >> what's the why wouldn't they
040have an IEP? So that >> because it's not a standalone exceptionality, >> right? But if they have several disabilities and one of them maybe they need OT, there's no goals for the OT. So what's the point of having goals? How is that? Um >> most of our occupational therapists, if not all, um when they write before plan, they do discuss with parents the goals and things that they're going to work on. Even when they do progress reports and provide a narrative, they will incorporate those fine motor skills that they're working on with the student and how they are progressing with their therapy. So then so then why again occupational therapy is not a standalone exceptionality. There is not an exceptionality for fine motor skills. Um so we cannot qualify before that one. So it would
041be okay item for another meeting. Thank you all. >> Thank you. >> The time is 5:59. Meeting adjourned.