2005 Wisconsin Act 258

258,13 Section 13. 115.77 (1m) (intro.) of the statutes is amended to read:

115.77 (1m) (intro.) A local educational agency shall demonstrate to the satisfaction of the division that it does all of the following:

258,14 Section 14. 115.77 (1m) (b) of the statutes is amended to read:

115.77 (1m) (b) Makes available a free appropriate public education to children with disabilities as required by this subchapter and applicable state and federal law, except that a local educational agency that provides special education and related services to a child with a disability who has not yet attained the age of 3 and who is participating in an early intervention program under s. 51.44 is not required to provide the child with a free appropriate public education.

258,15 Section 15. 115.77 (1m) (bg) of the statutes is amended to read:

115.77 (1m) (bg) Includes children with disabilities in statewide and local educational agency-wide assessments, including assessments described in 20 USC 6311 (b) (3), with appropriate modifications accommodations and alternate assessments where necessary, or in alternative assessments for those children who cannot participate in statewide or local educational agency-wide assessments and as indicated in their individualized education programs.

258,16 Section 16. 115.77 (1m) (e) of the statutes is amended to read:

115.77 (1m) (e) To the extent consistent with the number and location of children with disabilities residing in the local educational agency who are enrolled by their parents in private elementary and secondary schools located within the local educational agency, ensures that those children have an opportunity to participate in special education and related services and that the amount spent to provide those services by the local educational agency is equal to a proportionate amount of federal funds made available under this subchapter.

258,17 Section 17. 115.77 (1m) (f) of the statutes is amended to read:

115.77 (1m) (f) Establishes written policies and, procedures, and programs for implementing this subchapter and applicable federal law.

258,18 Section 18. 115.77 (4) (intro.) of the statutes is amended to read:

115.77 (4) (intro.) A local educational agency shall submit to the division, pursuant to a schedule and instructions established and published by the division, the agency's a plan, including a program narrative, for the provision of special education and related services that includes that provides assurances to the division that the local educational agency meets the conditions required by 20 USC 1413 (a), including all of the following:

258,19 Section 19. 115.77 (4) (a) to (k) of the statutes are repealed.

258,20 Section 20. 115.77 (4) (n) of the statutes is renumbered 115.77 (4) (s) and amended to read:

115.77 (4) (s) Any other information the division requires to permit its review and approval of the plan.

258,21 Section 21. 115.77 (4) (p) of the statutes is created to read:

115.77 (4) (p) Assurances that the local educational agency, in providing for the children with disabilities within its jurisdiction, has in effect policies, procedures, and programs that are consistent with this subchapter and applicable federal law.

258,22 Section 22. 115.77 (4) (q) of the statutes is created to read:

115.77 (4) (q) The local educational agency's plan for ensuring that all personnel necessary to carry out the requirements of this subchapter are appropriately and adequately prepared according to applicable state and federal law.

258,23 Section 23. 115.77 (4) (r) of the statutes is created to read:

115.77 (4) (r) The data regarding children with disabilities and nondisabled children in the local educational agency that the division is required to collect or report to be in compliance with 20 USC 1400 to 1482.

258,24 Section 24. 115.77 (7) of the statutes is repealed.

258,25 Section 25. 115.77 (8) of the statutes is amended to read:

115.77 (8) The local educational agency shall serve children with disabilities who are attending a charter school under contract with the local educational agency under s. 118.40 in the same manner as it serves children with disabilities attending schools of the local educational agency, and shall provide funds under this subchapter to such charter schools in the same manner on the same basis as it provides funds under this subchapter to schools of the local educational agency, including proportional distribution based on enrollment of children with disabilities, and at the same time as it distributes other federal funds to the agency's other schools.

258,26 Section 26. 115.775 of the statutes is amended to read:

115.775 Duties of operators of certain charter schools. (1) Except as provided in sub. (2), an operator of a charter school under s. 118.40 (2r) is a local educational agency, as defined in 20 USC 1401 (15) (19), and shall comply with 20 USC 1400 to 1491o 1482.

(2) The board of directors of the school district operating under ch. 119 is a local educational agency under this section and shall comply with 20 USC 1400 to 1491o 1482 if the board of directors enters into an a written agreement with an operator of a charter school under s. 118.40 (2r) under which the board of directors agrees to serve as the local educational agency.

258,27 Section 27. 115.777 (3) (e) of the statutes is created to read:

115.777 (3) (e) Within 15 business days of receiving a referral, send to the child's parents a request for consent to evaluate the child under s. 115.782 except that if the local educational agency determines that no additional data are necessary, the agency shall notify the child's parent of that determination within 15 business days of receiving the referral.

258,28 Section 28. 115.78 (1m) (c) of the statutes is amended to read:

115.78 (1m) (c) At least one special education teacher who has extensive and recent training and or experience related to the child's known or suspected disability as specified in s. 115.76 (5) (a) area of special education needs or, where appropriate, at least one special education provider of the child.

258,29 Section 29. 115.78 (1m) (d) of the statutes is amended to read:

115.78 (1m) (d) A representative of the local educational agency who is qualified to provide, or supervise the provision of, special education, is knowledgeable about the general education curriculum and is knowledgeable about and authorized by the local educational agency to commit the available resources of the local educational agency.

258,30 Section 30. 115.78 (3) (a) to (c) of the statutes are repealed and recreated to read:

115.78 (3) (a) The local educational agency shall determine if a child is a child with a disability within 60 days after the local educational agency receives parental consent for the evaluation of the child under s. 115.782 (1) (b) or (4) (b), provides notice under s. 115.777 (3) (e) that no additional data are needed, or provides notice under s. 115.782 (4) (c) that no additional data are needed.

(b) The 60-day period under par. (a) does not apply to a local educational agency if any of the following occur:

1. A child enrolls in a school served by that local educational agency after the 60-day period has begun and before a determination by the child's previous local educational agency as to whether the child is a child with a disability, the subsequent local educational agency is making sufficient progress to ensure a prompt completion of the evaluation, and the child's parent and the subsequent local educational agency agree to a specific time when the evaluation will be completed.

2. The child's parent repeatedly fails or refuses to produce the child for the evaluation.

(c) The local educational agency shall conduct a meeting to develop an individualized education program under s. 115.787 and determine a placement under s. 115.79 within 30 days of a determination that a child is a child with a disability.

258,31 Section 31. 115.78 (3) (d) of the statutes is amended to read:

115.78 (3) (d) Subject to pars. (a) to (c), if the parents of the child or the local educational agency staff determines at any point meeting during the process of the evaluation, development of the individualized education program or placement of the child that additional time is needed to permit meaningful parental participation, the local educational agency shall provide it. Upon request, the local educational agency shall provide a copy of the most recent evaluation report under s. 115.782 (3) (b) to the child's parents at any meeting of the individualized education program team.

258,32 Section 32. 115.78 (4) of the statutes is repealed.

258,33 Section 33. 115.78 (5) of the statutes is created to read:

115.78 (5) Attendance at meetings. (a) A member of an individualized education program team is not required to attend a meeting of the individualized education program team, in whole or in part, if the parent of a child with a disability and the local educational agency agree that the attendance of the member is unnecessary because the member's area of the curriculum or related service is not being modified or discussed at the meeting.

(b) A member of an individualized education program team may be excused from attending a meeting of the individualized education program team, in whole or in part, when the meeting involves a modification to or discussion of the member's area of the curriculum or related services if the child's parent and the local educational agency consent and, before the meeting, the member submits to the child's parent and to the individualized education program team, in writing, the member's input into the development of the child's individualized education program.

(c) A parent's agreement under par. (a) and consent under par. (b) shall be in writing.

258,34 Section 34. 115.782 (1) (intro.) of the statutes is created to read:

115.782 (1) (intro.) The local educational agency shall do all of the following:

258,35 Section 35. 115.782 (1) (a) of the statutes is amended to read:

115.782 (1) (a) The local educational agency shall notify Notify the parents of the child, in accordance with s. 115.792, of any evaluation procedures the agency proposes to conduct, the qualifications and the names of the individuals who will conduct the evaluation and their names, if known.

258,36 Section 36. 115.782 (1) (b) of the statutes is amended to read:

115.782 (1) (b) The local educational agency proposing to conduct Except as provided in par. (c), before conducting an initial evaluation shall of a child, obtain informed consent from the child's parent before the evaluation is conducted. Parental consent for the evaluation does not constitute consent for placement for receipt of special education and related services. If the child's parents do not consent to the evaluation, the local educational agency may continue to pursue an evaluation by using the procedures under s. 115.797 or 115.80.

258,37 Section 37. 115.782 (1) (c) of the statutes is created to read:

115.782 (1) (c) Before conducting an initial evaluation of a child who is a ward of the state, obtain informed consent in compliance with 20 USC 1414 (a) (1) (D) (iii).

258,38 Section 38. 115.782 (2) (a) (intro.) of the statutes is amended to read:

115.782 (2) (a) (intro.) In conducting the evaluation, the individualized education program team shall not use any single procedure measure or assessment as the sole criterion for determining whether a child is a child with a disability or for determining an appropriate educational program for the child. The individualized education program team shall do all of the following:

258,39 Section 39. 115.782 (2) (a) 1. of the statutes is amended to read:

115.782 (2) (a) 1. Use a variety of assessment tools and strategies to gather relevant functional and, developmental, and academic information, including information provided by the child's parent, that may assist in determining whether the child is a child with a disability and the content of the child's individualized education program, including information related to enabling the child to be involved in and progress in the general curriculum or, for preschool children, to participate in appropriate activities.

258,40 Section 40. 115.782 (2) (a) 3. a. of the statutes is amended to read:

115.782 (2) (a) 3. a. That tests assessments and other evaluation materials used to assess a child under this section are selected and administered so as not to be racially or culturally discriminatory and are provided and administered in the child's native language or other mode of communication and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to do so.

258,41 Section 41. 115.782 (2) (a) 3. b. of the statutes is amended to read:

115.782 (2) (a) 3. b. That any standardized tests that are assessments and other evaluation materials given to the child have been validated for the specific purpose for which they are used for the purposes for which they are valid and reliable, are administered by trained and knowledgeable personnel, and are administered in accordance with any instructions provided by the producer of such tests the assessments or evaluation materials.

258,42 Section 42. 115.782 (2) (b) 1. of the statutes is amended to read:

115.782 (2) (b) 1. Review existing evaluation data on the child, including evaluations and information provided by the child's parents,; previous interventions and the effects of those interventions,; current classroom-based, local, or state assessments and ; classroom-based observations,; and observations by teachers and related services providers.

258,43 Section 43. 115.782 (2) (b) 2. (intro.), a. and b. of the statutes are amended to read:

115.782 (2) (b) 2. (intro.) On the basis of that review and information provided by the child's parents, identify the additional data, if any, that are needed, and the qualifications of the evaluators that are needed, to determine all of the following:

a. Whether the child has a particular category of disability and the educational needs of the child or, in case of a reevaluation of a child, whether the child continues to have such a disability and such educational needs.

b. The present levels of performance and educational academic achievement and related developmental needs of the child.

258,44 Section 44. 115.782 (2) (c) of the statutes is amended to read:

115.782 (2) (c) The local educational agency shall administer such tests assessments and other evaluation materials measures as may be needed to produce the data identified under par. (b) 2.

258,45 Section 45. 115.782 (2) (d) of the statutes is renumbered 115.78 (1m) (h) and amended to read:

115.78 (1m) (h) If a the child is attending a public school in a nonresident school district under s. 118.51 or 121.84 (1) (a) or (4), when the individualized education program team conducts its initial evaluation of the child or any reevaluation of the child under sub. (4), the team shall include at least one person designated by the school board of the child's school district of residence who has knowledge or special expertise about the child.

258,46 Section 46. 115.782 (2) (e) of the statutes is repealed.

258,47 Section 47. 115.782 (2) (f) of the statutes is created to read:

115.782 (2) (f) The local educational agency shall ensure that the evaluation of a child with a disability who transfers from one school district to another in the same school year is coordinated with the child's prior and subsequent schools as necessary and as expeditiously as possible to ensure prompt completion of the evaluation.

258,48 Section 48. 115.782 (3) (a) of the statutes is amended to read:

115.782 (3) (a) Upon the completion of the administration of tests assessments and other evaluation materials measures, the individualized education program team shall determine whether the child is a child with a disability. The individualized education program team and the educational needs of the child. The team may not determine that a child is a child with a disability solely because the child has received insufficient if the determinant factor for the determination is lack of appropriate instruction in reading, including in the essential components of reading instruction, as defined in 20 USC 6368 (3), or lack of instruction in math, or because the child has limited proficiency in English.

258,49 Section 49. 115.782 (3) (b) of the statutes is amended to read:

115.782 (3) (b) If the The individualized education program team determines that a child is a child with a disability, the team shall prepare an evaluation report that includes documentation of determination of eligibility. The local educational agency shall ask each individualized education program team participant if he or she wants a copy of the evaluation report or additional time before the individualized education program team develops the child's individualized education program. If any individualized education program team participant requests a copy of the evaluation report at any point in the process of developing the child's individualized education program or considering the child's educational placement, the local educational agency shall give a copy of the report to each individualized education program team participant before continuing with the process. If no individualized education program team participant requests a copy of the evaluation report, the for special education. The local educational agency shall give a copy of the evaluation report, including the documentation of eligibility, to the child's parents with the notice of placement under s. 115.792 (2).

258,50 Section 50. 115.782 (3) (c) of the statutes is repealed.

258,51 Section 51. 115.782 (4) (a) 1. and 2. of the statutes are amended to read:

115.782 (4) (a) 1. Evaluates a child with a disability in accordance with this section before determining that the child is no longer a child with a disability, except that an evaluation is not required before the termination of a child's eligibility for special education and related services because he or she graduated from secondary school with a regular diploma or because he or she reached the age of 21. In those circumstances, the local educational agency shall provide the child with a summary of the child's academic achievement and functional performance, including recommendations on how to assist the child in meeting his or her postsecondary goals.

2. Reevaluates a child with a disability in accordance with this section if the local educational agency determines that conditions the educational or related services needs of the child, including the child's academic performance, warrant a reevaluation or if the child's parent or teacher requests a reevaluation, but at least once every 3 years.. The individualized education program team shall reevaluate a child no more frequently than once a year unless the child's parent and the local educational agency agree otherwise, and at least once every 3 years unless the child's parent and the local educational agency agree that a reevaluation is unnecessary.

258,52 Section 52. 115.782 (4) (c) of the statutes is amended to read:

115.782 (4) (c) If the individualized education program team and other qualified professionals, as determined by the local educational agency, find under sub. (2) (b) 2. that no additional data are needed to determine whether the child continues to be a child with a disability or to determine the child's educational needs, the local educational agency shall notify the child's parents of that finding and the reasons for it and the right of the child's parents to request an assessment to determine whether the child continues to be a child with a disability and to determine the child's educational needs. The local educational agency is not required to conduct such an assessment unless the child's parents request it.

258,53 Section 53. 115.787 (2) (a) of the statutes is amended to read:

115.787 (2) (a) A statement of the child's present level of educational academic achievement and functional performance, including how the child's disability affects the child's involvement and progress in the general curriculum or, for a preschool child, as appropriate, how the disability affects the child's participation in appropriate activities.

258,54 Section 54. 115.787 (2) (b) of the statutes is amended to read:

115.787 (2) (b) A statement of measurable annual goals for the child, including benchmarks or short-term objectives, related to meeting academic and functional goals, designed to meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general curriculum, and to meeting meet each of the child's other educational needs that result from the child's disability.