SB529: Bill Text

LRB-3831/2

PG:lxk:jf

2005 - 2006 LEGISLATURE

2005 Senate BILL 529

January 27, 2006 - Introduced by Senators Olsen, Zien, Harsdorf, Darling, Grothman, Roessler, Brown, Schultz, Kapanke, A. Lasee, Stepp, Kedzie, Plale, Leibham and Cowles, cosponsored by Representatives Towns, Kestell, Hines, Newcomer, Hundertmark, Nischke, Pettis, Ott, Mursau, Ballweg, Kerkman, Lamb, Gronemus, Strachota, Lothian, Hahn, Bies, Musser, Petrowski, Ainsworth, Freese, Rhoades, Moulton, Wood, Suder, LeMahieu, Honadel and McCormick. Referred to Committee on Education.

SB529,2,11 An Act to repeal 115.77 (4) (a) to (k), 115.77 (7), 115.78 (4), 115.782 (2) (e), 115.782 (3) (c), 115.787 (3) (d) and (e), 115.792 (2) (e) and 115.792 (2) (i); to renumber 115.791 (3) (intro.), 115.791 (3) (a), 115.791 (3) (c) and 115.791 (3) (d); to renumber and amend 115.77 (4) (n), 115.78 (2) (a), 115.782 (2) (d), 115.791 (3) (b) and 115.80 (5); to amend 115.758, 115.76 (1), 115.76 (3), 115.76 (5) (a) 5., 115.76 (14), 115.76 (17), 115.762 (3) (c), 115.762 (3) (g), 115.762 (3) (j), 115.77 (1m) (intro.), 115.77 (1m) (b), 115.77 (1m) (bg), 115.77 (1m) (e), 115.77 (1m) (f), 115.77 (4) (intro.), 115.77 (8), 115.775, 115.78 (1m) (intro.), 115.78 (1m) (c), 115.78 (1m) (d), 115.782 (1) (a), 115.782 (1) (b), 115.782 (2) (a) (intro.), 115.782 (2) (a) 1., 115.782 (2) (a) 3. a., 115.782 (2) (a) 3. b., 115.782 (2) (b) (intro.), 115.782 (2) (b) 1., 115.782 (2) (b) 2. (intro.), a. and b., 115.782 (2) (c), 115.782 (3) (a), 115.782 (3) (b), 115.782 (4) (a) (intro.), 115.782 (4) (a) 1. and 2., 115.782 (4) (c), 115.787 (2) (a), 115.787 (2) (b), 115.787 (2) (c) (intro.), 115.787 (2) (c) 1., 115.787 (2) (c) 2., 115.787 (2) (e), 115.787 (2) (g) 3., 115.787 (2) (h) 1., 115.787 (3) (a), 115.787 (3) (b) 1., 115.787 (3) (b) 4., 115.787 (3) (c), 115.787 (5), 115.787 (7), 115.792 (1) (a) 2., 115.792 (2) (d), 115.792 (2) (g), 115.792 (3) (b) (intro.), 115.792 (3) (b) 5., 115.792 (3) (b) 11., 115.797 (1) (a), 115.797 (6), 115.80 (1) (a) 1., 115.80 (1) (b), 115.80 (1) (d), 115.80 (2), 115.80 (4), 115.80 (6), 115.81 (title) and 115.812 (1); to repeal and recreate 115.762 (3) (e), 115.762 (3) (h), 115.762 (3) (i), 115.78 (3), 115.787 (2) (g) 1. and 2., 115.787 (2) (h) 2. and 115.80 (9); and to create 115.77 (4) (p), 115.77 (4) (q), 115.77 (4) (r), 115.78 (5), 115.782 (1) (intro.), 115.782 (1) (ag), 115.782 (1) (c), 115.782 (2) (f), 115.787 (2) (bm), 115.787 (4) (c), 115.791 (3) (b) (intro.) and 2., 115.80 (1) (e), 115.80 (1) (f), 115.80 (1) (g), 115.80 (2m) and 115.80 (5) (c) of the statutes; relating to: special education programs for children with disabilities.

Analysis by the Legislative Reference Bureau

This bill makes a number of changes to the laws governing the education of children with disabilities. Many of the changes are the result of changes to the federal Individuals with Disabilities Education Act that were adopted in 2004. The changes include the following:

1. Currently, the individualized education program (IEP) team, consisting of persons with specified qualifications who are appointed by the local educational agency (LEA), usually a school district, is responsible for evaluating a child who is suspected of having a disability, developing an IEP for the child, and determining the special education placement for the child. This bill directs the LEA to appoint a team of qualified individuals who, with the child's parent, are responsible for determining whether a child has a disability. The qualifications are not specified.

2. The bill changes the entity responsible for serving children with disabilities who are enrolled in private schools from the LEA where the child resides to the LEA where the private school is located.

3. The bill specifies that interpreting services must be provided by an LEA if they are required to assist a child with a disability to benefit from special education. The bill also specifies that school nursing services must be provided if they are designed to enable a child with a disability to receive a free appropriate public education.

4. The bill states that an LEA that provides special education and related services to a child with a disability who is participating in an early intervention program operated by a county or under contract with a county is not required to provide the child with a free appropriate public education.

5. Under current law, the Department of Public Instruction (DPI) is responsible for approving an LEA's plan for the provision of special education and related services. The plan must include a number of specified components. This bill eliminates DPI's approval of an LEA's plan; instead, it directs DPI to determine whether an LEA is failing to comply with any of the requirements of its plan. Most of the specified plan components are eliminated; instead, the plan must provide assurances that the LEA meets the conditions required by federal law.

6. Current law requires an LEA annually to provide a special education performance report to all parents of children enrolled in the LEA and to DPI. This bill eliminates this requirement.

7. Current law requires that an evaluation, an IEP, and a placement determination for a child must all be completed within 90 days after referral of the child. This bill requires that the evaluation of the child be completed, in most cases, within 60 days after receiving parental consent for the evaluation. The deadline for the IEP and the placement determination is eliminated.

8. The bill allows members of an IEP team to be excused from all or part of an IEP team meeting under certain circumstances.

9. Current law requires the LEA to notify a child's parents of the qualifications of the individuals who will evaluate their child. This bill eliminates this requirement.

10. The bill requires the LEA to prepare an evaluation report once the team of qualified individuals determines whether the child has a disability.

11. Current law requires that a child be reevaluated if the LEA determines that conditions warrant a reevaluation or if the child's parent or teacher requests a reevaluation. This bill limits reevaluations to no more than once a year and specifies that a reevaluation is not required before graduation or before terminating eligibility for special education because the child reached the age of 21.

12. Under current law, an IEP must include benchmarks or short-term objectives. This bill requires benchmarks or short-term objectives only if the child takes an alternate assessment aligned with alternate achievement standards. If an IEP team determines that a child will take an alternate assessment, the IEP must include a statement of why the child cannot participate in the regular assessment.

13. Under current law, beginning when a child is 14, and annually thereafter until the child is no longer eligible for special education, the IEP must include a statement identifying the courses of study needed to prepare the child for a successful transition to his or her postsecondary school goals. This bill eliminates this requirement. Under the bill, beginning when a child is 16, the IEP must include a statement of measurable postsecondary goals relating to training, education, employment, and independent living skills.

14. Current law requires a meeting of the IEP team to make changes to a child's IEP. This bill allows the LEA and parent to agree to changes without convening the IEP team.

15. Under current law, in certain circumstances an LEA is required to reimburse the parents of a child for the cost of enrolling the child in a private school. Reimbursement may be reduced or denied if the parents did not notify the LEA of their concerns, their rejection of the LEA's placement, and their intent to enroll their child in a private school. This bill allows a court or hearing officer not to reduce or deny reimbursement for failure to provide such notice if compliance with the notice requirement would result in serious harm to the child.

16. Under this bill, when the parents of a child and an LEA use mediation to resolve a dispute, their written agreement must state that all discussions that occurred during mediation are confidential.

17. Current law requires a parent or LEA who wishes to request an administrative hearing in order to resolve a dispute to file the request with DPI. This bill requires the request to be filed with the other party, and a copy of the request to be filed with DPI.

18. This bill provides that a hearing may not occur until the party requesting the hearing files a hearing request that meets the requirements under current law. The bill also requires the party receiving a request to send to the other party a written response addressing the issues raised in the request. A party filing a request may amend its request only if the other party consents or the hearing officer grants permission.

19. The bill provides additional qualifications for hearing officers, including not having a personal or professional interest that conflicts with the person's objectivity.

20. The bill requires the LEA to convene a meeting with the child's parents and members of the IEP team within 15 days of receiving a request for a hearing in order to attempt to resolve the issues. The bill allows 30 days from receipt of the hearing request to resolve the issues without a hearing.

21. The bill prohibits a party who requests a hearing from raising issues at the hearing that were not raised in the request for the hearing.

22. The bill provides that in matters alleging a procedural violation, the hearing officer may find that a child did not receive a free appropriate public education only if the procedural inadequacies impeded the child's right to a free appropriate public education, significantly impeded the parents' opportunity to participate in the decision-making process regarding the provision of a free appropriate public education, or caused a deprivation of educational benefits.

23. Current law requires the hearing officer to issue a decision with 45 days after receipt of the hearing request. This bill requires a decision within 45 days after the conclusion of the 30-day period described in item 20, above.

24. The bill incorporates federal law relating to the reimbursement of reasonable attorney fees and actual costs.

The bill has an effective date of July 1, 2006.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB529, s. 1 Section 1. 115.758 of the statutes is amended to read:

SB529,5,4 115.758 Construction. To the extent possible, this subchapter shall be construed in a manner that is consistent with 20 USC 1400 to 1487 1482 and is consistent with the purposes specified in 20 USC 1400 (d).

SB529, s. 2 Section 2. 115.76 (1) of the statutes is amended to read:

SB529,5,9 115.76 (1) "Assistive technology device" means any item, piece of equipment or product system that is used to increase, maintain or improve the functional capabilities of a child with a disability other than a medical device that is surgically implanted or the replacement of such a device.

SB529, s. 3 Section 3. 115.76 (3) of the statutes is amended to read:

SB529,5,15 115.76 (3) "Child" means any person who is at least 3 years old but not yet 21 years old and who has not graduated from high school and, for the duration of a school term, any person who becomes 21 years old during that school term and who has not graduated from high school, and includes a child who is homeless, a child who is a ward of the state, and a child who is attending a private school.

SB529, s. 4 Section 4. 115.76 (5) (a) 5. of the statutes is amended to read:

SB529,5,17 115.76 (5) (a) 5. Emotional disturbance behavioral disability.

SB529, s. 5 Section 5. 115.76 (14) of the statutes is amended to read:

SB529,6,10 115.76 (14) "Related services" means transportation and such developmental, corrective and other supportive services as may be required to assist a child with a disability to benefit from special education, (including speech-language pathology and audiology services; interpreting services; psychological services; physical and occupational therapy; recreation, including therapeutic recreation; social work services; school nursing services designed to enable a child with a disability to receive a free appropriate public education as described in the child's individualized education program; counseling services, including rehabilitative counseling; orientation and mobility services; medical services for diagnostic and evaluative purposes only; and the early identification and assessment of disabling conditions in children) as may be required to assist a child with a disability to benefit from special education. "Related services" does not include a medical device that is surgically implanted or the replacement of such a device.

SB529, s. 6 Section 6. 115.76 (17) of the statutes is amended to read:

SB529,6,13 115.76 (17) "Transition services" has the meaning given in 20 USC 1401 (30) (34).

SB529, s. 7 Section 7. 115.762 (3) (c) of the statutes is amended to read: