PI 11.24(8)(a)(a) Licensure. A school physical therapist assistant shall be licensed by the department under s. PI 34.34 (17).
PI 11.24(8)(b) (b) Supervision. The school physical therapist assistant providing physical therapy to a child under this section, shall be supervised by a school physical therapist as specified under sub. (7) (d).
PI 11.24(9) (9)Occupational therapists' licensure and service requirements.
PI 11.24(9)(a)(a) Licensure. The school occupational therapist shall be licensed by the department under s. PI 34.34 (14).
PI 11.24(9)(b) (b) Caseload.
PI 11.24(9)(b)1.1. Except as specified under subds. 2. and 3., the caseload for a full-time school occupational therapist employed for a full day, 5 days a week, shall be as follows:
PI 11.24(9)(b)1.a. a. A minimum of 15 children.
PI 11.24(9)(b)1.b. b. A maximum of 30 children.
PI 11.24(9)(b)1.c. c. A maximum of 45 children with one or more occupational therapy assistants.
PI 11.24(9)(b)2. 2. The caseload for a part-time school occupational therapist may be pro-rated based on the specifications under subd. 1.
PI 11.24(9)(b)3. 3. A caseload may vary from the specifications under subd. 1. or 2., if approved in the LEA's plan under s. 115.77 (4), Stats. The following shall be considered in determining whether the variance may be approved:
PI 11.24(9)(b)3.a. a. Frequency and duration of occupational therapy as specified in the child's IEP.
PI 11.24(9)(b)3.b. b. Travel time.
PI 11.24(9)(b)3.c. c. Number of evaluations.
PI 11.24(9)(b)3.d. d. Preparation time.
PI 11.24(9)(b)3.e. e. Student related activities.
PI 11.24(9)(c) (c) Medical information. The school occupational therapist shall have medical information regarding a child before the child receives occupational therapy.
PI 11.24(9)(d) (d) Delegation and supervision of occupational therapy.
PI 11.24(9)(d)1.1. The school occupational therapist may delegate to a school occupational therapy assistant only those portions of a child's occupational therapy which are consistent with the school occupational therapy assistant's education, training and experience.
PI 11.24(9)(d)2. 2. The school occupational therapist shall supervise the occupational therapy provided by a school occupational therapy assistant. The school occupational therapist shall develop a written policy and procedure for written and oral communication to the occupational therapist assistant. The policy and procedure shall include a specific description of the supervisory activities undertaken for the school occupational therapist assistant which shall include either of the following levels of supervision:
PI 11.24(9)(d)2.a. a. The school occupational therapist shall have daily, direct contact on the premises with the school occupational therapy assistant.
PI 11.24(9)(d)2.b. b. The school occupational therapist shall have direct, face-to-face contact with the school occupational therapy assistant at least once every 14 calendar days. Between direct contacts, the occupational therapist shall be available by telecommunication. The school occupational therapist providing general supervision under this subdivision shall provide an on-site reevaluation of each child's occupational therapy a minimum of one time per calendar month or every tenth day of occupational therapy, whichever is sooner, and adjust the occupational therapy as appropriate.
PI 11.24(9)(d)3. 3. A full-time school occupational therapist may supervise no more than 2 full-time equivalent occupational therapy assistant positions which may include no more than 3 occupational therapy assistants.
PI 11.24(9)(d)4. 4. Notwithstanding the provisions under this paragraph, the act undertaken by a school occupational therapy assistant shall be considered the act of the supervising occupational therapist who has delegated the act.
PI 11.24(9)(e) (e) Responsibility of school occupational therapist. A school occupational therapist under this subsection shall conduct all occupational therapy evaluations and reevaluations of a child, participate in the development of the child's IEP, and develop occupational therapy treatment plans for the child. A school occupational therapist may not be represented by a school occupational therapy assistant on an IEP team.
PI 11.24(10) (10)School occupational therapy assistants' qualifications and supervision.
PI 11.24(10)(a)(a) Licensure. A school occupational therapy assistant shall be licensed by the department under s. PI 34.34 (15).
PI 11.24(10)(b) (b) Supervision. The school occupational therapy assistant providing occupational therapy to a child under this section shall be supervised by a school occupational therapist as specified under sub. (9) (d).
PI 11.24 History History: Cr. Register, December, 1975, No. 240, eff. 1-1-76; am. (7) (b) 1 and (8) (b) 1, Register, February, 1976, No. 242, eff. 3-1-76; am. (7) (b) 4 and (8) (b) 2, Register, November, 1976, No. 251, eff. 12-1-76; am. (1) and (8) (b) 4., Register, February, 1983, No. 326, eff. 3-1-83; r. (11) (b) and (c), renum. (11) (a) to be (11), Register, September, 1986, No. 369, eff. 10-1-86; renum. from PI 11.19, Register, May, 1990, No. 413, eff. 6-1-90; am (7) (b) 4., Register, October, 1990, No. 418, eff. 11-1-90; am. (7) (a) and (8) (a), Register, March, 1992, No. 435, eff. 4-1-92; am. (1), (2) (intro.) and (3) (intro.), r. (2) (a) to (d), (3) (a), (b) and (11), r. and recr. (4) to (10), Register, July, 1993, No. 451, eff. 8-1-93; correction in (10) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1998, No. 508; r. (1) to (6), cr. (1) and (2), am. (7) (b) 1. (intro.), 3. (intro.), (e), (9) (b) 1. (intro.), 3. (intro.), (e) and (10) (b), Register, September, 1998, No. 513, eff. 10-1-98; am. (9) (c), Register, May, 2000, No. 533, eff. 6-1-00; corrections in (7) (a), (8) (a), (9) (a), and (10) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659; CR 16-027: am. (1) Register July 2016 No. 727, eff. 8-1-16.
PI 11.35 PI 11.35 Determination of eligibility.
PI 11.35(1) (1) An evaluation conducted by an IEP team under s. 115.782, Stats., shall focus on the consideration of information and activities that assist the IEP team in determining how to teach the child in the way he or she is most capable of learning. Specifically, the IEP team shall meet the evaluation criteria specified under s. 115.782 (2) (a), Stats., when conducting tests and using other evaluation materials in determining a child's disability.
PI 11.35(2) (2) A child shall be identified as having a disability if the IEP team has determined from an evaluation conducted under s. 115.782, Stats., that the child has an impairment under s. PI 11.36 that adversely affects the child's educational performance, and the child, as a result thereof, needs special education and related services.
PI 11.35(3) (3) As part of an evaluation or reevaluation under s. 115.782, Stats., conducted by the IEP team in determining whether a child is or continues to be a child with a disability, the IEP team shall identify all of the following:
PI 11.35(3)(a) (a) The child's needs that cannot be met through the regular education program as structured at the time the evaluation was conducted.
PI 11.35(3)(b) (b) Modifications, if any, that can be made in the regular education program, such as adaptation of content, methodology or delivery of instruction to meet the child's needs identified under par. (a), that will allow the child to access the general education curriculum and meet the educational standards that apply to all children.
PI 11.35(3)(c) (c) Additions or modifications, if any, that the child needs which are not provided through the general education curriculum, including replacement content, expanded core curriculum or other supports.
PI 11.35 History History: Cr. Register, May, 1977, No. 257, eff. 6-1-77; am. (2) (intro.), Register, February, 1983, No. 326, eff. 3-1-83; r. (2) (c), renum. (2) (d) to (i) to be (2) (c) to (h), Register, September, 1986, No. 369, eff. 10-1-86; renum. from PI 11.34, Register, May, 1990, No. 413, eff. 6-1-90; r. and recr. (2) (b), cr. (2) (i) to (k), Register, April, 1995, No. 472, eff. 5-1-95; corrections made under s. 13.93 (2m) (b) 1., Stats., Register, March, 1996, No. 483; emerg. cr. (2) (L), eff. 6-25-96; cr. (2) (L), Register, January, 1997, No. 493, eff. 2-1-97; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2000, No. 533; r. (1m), (2) (intro.), (a), (ad), (c) to (h), renum. (2) (b) to be PI 11.36 (2) and (2) (i) to (L) to be PI 11.36 (8) to (11), cr. (2) and (3), Register, December, 2000, No. 540, eff. 7-1-01.
PI 11.36 PI 11.36 Areas of impairment. All provisions in these rules shall be construed consistent with 20 USC 1400 et. seq. and the regulations promulgated thereunder.
PI 11.36(1) (1)Intellectual disability.
PI 11.36(1)(a)(a) In this subsection, intellectual disability means significant limitations both in intellectual functioning and in adaptive behavior as expressed in conceptual, social, and practical adaptive skills and manifested during the developmental period that adversely affects the child's educational performance.
PI 11.36(1)(b) (b) The IEP team may identify a child as having an intellectual disability if the child meets the criteria under subds. 1., and 3. a. or b. as follows:
PI 11.36(1)(b)1. 1. The child has a standard score of 2 or more standard deviations below the mean on an individually administered intelligence test which takes into account the child's mode of communication and is developed to assess intellectual functioning using this mode. More than one intelligence test may be used to produce a comprehensive result.
PI 11.36(1)(b)2. 2. The child has significant limitations in adaptive behavior that are demonstrated by a standard score of 2 or more standard deviations below the mean on standardized or nationally-normed measures, as measured by comprehensive, individual assessments that include interviews of the parents, tests, and observations of the child in adaptive behavior which are relevant to the child's age, including at least one of the following:
PI 11.36(1)(b)2.am. am. Conceptual skills.
PI 11.36(1)(b)2.bm. bm. Social adaptive skills.
PI 11.36(1)(b)2.cm. cm. Practical adaptive skills.
PI 11.36(1)(b)2.dm. dm. An overall composite score on a standardized measure of conceptual, social, and practical skills.
PI 11.36(1)(b)3.a.a. Except as provided in subd. 3. c., the child is age 3 through 5 and has a standard score of 2 or more standard deviations below the mean on standardized or nationally-normed measures, as measured by comprehensive, individual assessments, in the following areas: language development and communication, cognition and general knowledge.
PI 11.36(1)(b)3.b. b. Except as provided in subd. 3. c., the child is age 6 through 21 and has a standard score of 2 or more standard deviations below the mean on standardized or nationally-normed measures, as measured by comprehensive, individual assessments, in the following areas: written language, reading, and mathematics.
PI 11.36(1)(b)3.c. c. When it is determined that reliable and valid assessment results under subd. 3. a. or b. are not possible due to the child's functioning level or age, a standardized developmental scale or a body of evidence including informal measures shall be used to assess the child.
PI 11.36(1)(b)4. 4. Upon re-evaluation, a child who met identification criteria for cognitive disability prior to September 1, 2015, and continues to demonstrate a need for special education under s. PI 11.35 (2), including specially designed instruction, is a child with a disability under this section.
PI 11.36(2) (2)Orthopedic impairment. Orthopedic impairment means a severe orthopedic impairment that adversely affects a child's educational performance. The term includes, but is not limited to, impairments caused by congenital anomaly, such as a clubfoot or absence of some member; impairments caused by disease, such as poliomyelitis or bone tuberculosis; and impairments from other causes, such as cerebral palsy, amputations, and fractures or burns that cause contractures.
PI 11.36(3) (3)Visual impairment. Visual impairment means even after correction a child's visual functioning significantly adversely affects his or her educational performance. The IEP team may identify a child as having a visual impairment after all of the following events occur:
PI 11.36(3)(a) (a) A certified teacher of the visually impaired conducts a functional vision evaluation which includes a review of medical information, formal and informal tests of visual functioning and the determination of the implications of the visual impairment on the educational and curricular needs of the child.
PI 11.36(3)(b) (b) An ophthalmologist or optometrist finds at least one of the following:
PI 11.36(3)(b)1. 1. Central visual acuity of 20/70 or less in the better eye after conventional correction.
PI 11.36(3)(b)2. 2. Reduced visual field to 50° or less in the better eye.
PI 11.36(3)(b)3. 3. Other ocular pathologies that are permanent and irremediable.
PI 11.36(3)(b)4. 4. Cortical visual impairment.
PI 11.36(3)(b)5. 5. A degenerative condition that is likely to result in a significant loss of vision in the future.
PI 11.36(3)(c) (c) An orientation and mobility specialist, or teacher of the visually impaired in conjunction with an orientation and mobility specialist, evaluates the child to determine if there are related mobility needs in home, school, or community environments.
PI 11.36(4) (4)Hearing impairment. Hearing impairment, including deafness, means a significant impairment in hearing, with or without amplification, whether permanent or chronically fluctuating, that significantly adversely affects a child's educational performance including academic performance, speech perception and production, or language and communication skills. A current evaluation by an audiologist licensed under ch. 459, Stats., shall be one of the components for an initial evaluation of a child with a suspected hearing impairment.
PI 11.36(5) (5)Speech or language impairment.
PI 11.36(5)(a)(a) Speech or language impairment means an impairment of speech or sound production, voice, fluency, or language that significantly affects educational performance or social, emotional or vocational development.
PI 11.36(5)(b) (b) The IEP team may identify a child as having a speech or language impairment if the child meets the definition under par. (a) and meets any of the following criteria:
PI 11.36(5)(b)1. 1. The child's conversational intelligibility is significantly affected and the child displays at least one of the following:
PI 11.36(5)(b)1.a. a. The child performs on a norm referenced test of articulation or phonology at least 1.75 standard deviations below the mean for his or her chronological age.
PI 11.36(5)(b)1.b. b. Demonstrates consistent errors in speech sound production beyond the time when 90% of typically developing children have acquired the sound.
PI 11.36(5)(b)2. 2. One or more of the child's phonological patterns of sound are at least 40% disordered or the child scores in the moderate to profound range of phonological process use in formal testing and the child's conversational intelligibility is significantly affected.
PI 11.36(5)(b)3. 3. The child's voice is impaired in the absence of an acute, respiratory virus or infection and not due to temporary physical factors such as allergies, short term vocal abuse, or puberty. The child exhibits atypical loudness, pitch, quality or resonance for his or her age and gender.
PI 11.36(5)(b)4. 4. The child exhibits behaviors characteristic of a fluency disorder.
PI 11.36(5)(b)5. 5. The child's oral communication or, for a child who cannot communicate orally, his or her primary mode of communication, is inadequate, as documented by all of the following:
PI 11.36(5)(b)5.a. a. Performance on norm referenced measures that is at least 1.75 standard deviations below the mean for chronological age.
PI 11.36(5)(b)5.b. b. Performance in activities is impaired as documented by informal assessment such as language sampling, observations in structured and unstructured settings, interviews, or checklists.
PI 11.36(5)(b)5.c. c. The child's receptive or expressive language interferes with oral communication or his or her primary mode of communication. When technically adequate norm referenced language measures are not appropriate as determined by the IEP team to provide evidence of a deficit of 1.75 standard deviations below the mean in the area of oral communication, then 2 measurement procedures shall be used to document a significant difference from what would be expected given consideration to chronological age, developmental level, and method of communication such as oral, manual, and augmentative. These procedures may include additional language samples, criterion referenced instruments, observations in natural environments and parent reports.
PI 11.36(5)(c) (c) The IEP team may not identify a child who exhibits any of the following as having a speech or language impairment:
PI 11.36(5)(c)1. 1. Mild, transitory or developmentally appropriate speech or language difficulties that children experience at various times and to various degrees.
PI 11.36(5)(c)2. 2. Speech or language performance that is consistent with developmental levels as documented by formal and informal assessment data unless the child requires speech or language services in order to benefit from his or her educational programs in school, home, and community environments.
PI 11.36(5)(c)3. 3. Speech or language difficulties resulting from dialectical differences or from learning English as a second language, unless the child has a language impairment in his or her native language.
PI 11.36(5)(c)4. 4. Difficulties with auditory processing without a concomitant documented oral speech or language impairment.
PI 11.36(5)(c)5. 5. A tongue thrust which exists in the absence of a concomitant impairment in speech sound production.
PI 11.36(5)(c)6. 6. Elective or selective mutism or school phobia without a documented oral speech or language impairment.
PI 11.36(5)(d) (d) The IEP team shall substantiate a speech or language impairment by considering all of the following:
PI 11.36(5)(d)1. 1. Formal measures using normative data or informal measures using criterion referenced data.
PI 11.36(5)(d)2. 2. Some form of speech or language measures such as developmental checklists, intelligibility ratio, language sample analysis, minimal core competency.
PI 11.36(5)(d)3. 3. Information about the child's oral communication in natural environments.
PI 11.36(5)(d)4. 4. Information about the child's augmentative or assistive communication needs.
PI 11.36(5)(e) (e) An IEP team shall include a department-licensed speech or language pathologist and information from the most recent assessment to document a speech or language impairment and the need for speech or language services.
Loading...
Loading...
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.