Chapter 115

115.787(6)(b) (b) If a child with a disability is convicted of a crime and incarcerated in a state prison, the child’s individualized education program team may modify the child’s individualized education program or placement notwithstanding the requirements of sub. (1) and s. 115.79 (1) (a) if the department of corrections has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

115.787(7) (7) Construction. Nothing in this section requires the individualized education program team to include information under one component of a child’s individualized education program that is already contained under another component of the individualized education program or requires that additional information be included in a child’s individualized education program beyond what is explicitly required by this section.

115.787 History History: 1997 a. 164; 1999 a. 117; 2005 a. 258; 2011 a. 125, 156; 2015 a. 212; 2019 a. 118.

115.79 115.79 Educational placements.

115.79(1) (1) Each local educational agency shall ensure that all of the following occur:

115.79(1)(a) (a) An evaluation is conducted under s. 115.782 before special education and related services are provided to a child with a disability.

115.79(1)(b) (b) An educational placement is provided to implement a child’s individualized education program. Except as provided in s. 118.51 (12) (b), if a child with a disability is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), the school board of the school district that the child is attending shall provide an educational placement for the child and shall pay tuition charges instead of the school district in which the child resides if required by the placement.

115.79(1)(c) (c) To the maximum extent appropriate, a child with a disability, including a child receiving publicly funded special education in a public or private institution or other care facility, is educated with nondisabled children.

115.79(1)(d) (d) Special classes, separate schooling or other removal of a child with a disability from the regular educational environment occurs only when the nature or severity of the child’s disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

115.79(2) (2) A local educational agency shall seek to obtain informed consent from the parent of a child with a disability before providing special education and related services to the child. If the parent of a child with a disability denies consent, the local educational agency shall not provide special education and related services to the child. If the parent of a child with a disability denies consent or does not respond to a request for consent, all of the following apply:

115.79(2)(a) (a) The local educational agency is not in violation of the requirement to make available to the child a free appropriate public education.

115.79(2)(b) (b) The local educational agency is not required to convene an individualized education program team meeting or to develop an individualized education program for the child for the special education and related services for which the local educational agency sought consent.

115.79 History History: 1997 a. 164; 1999 a. 117; 2005 a. 258; 2015 a. 55; 2017 a. 59.

115.791 115.791 Reimbursement for private school placement.

115.791(1) (1) If the parents of a child with a disability who previously received special education and related services under the authority of a local educational agency enroll the child in a private elementary or secondary school without the consent of or referral by the local educational agency, a court or a hearing officer may require the local educational agency to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the local educational agency had not made a free appropriate public education available to the child in a timely manner before that enrollment.

115.791(2) (2) The cost of reimbursement described in sub. (1) may be reduced or denied if any of the following applies:

115.791(2)(a) (a) At the most recent individualized education program meeting that the parents attended before removal of the child from the local educational agency, the parents did not inform the individualized education program team of their concerns, their rejection of the placement proposed by the local educational agency to provide a free appropriate public education to their child and their intent to enroll the child in a private school at public expense; or at least 10 business days, including any holidays that occur on a business day, before the removal of the child from the local educational agency, the parents did not give written notice to the local educational agency of their concerns, their rejection of the placement and their intent to enroll the child in a private school at public expense.

115.791(2)(b) (b) If, before the parents’ removal of the child from the local educational agency, the local educational agency notified the parents under s. 115.792 of its intent to evaluate the child, including a statement of the purpose of the evaluation that was appropriate and reasonable, but the parents did not make the child available for the evaluation.

115.791(2)(c) (c) A court finds the parents’ actions unreasonable.

115.791(3) (3) 

115.791(3)(a) (a) Notwithstanding the notice requirement in sub. (2) (a), the cost of reimbursement may not be reduced or denied for failure to provide such notice if any of the following apply:

115.791(3)(a)2. 2. Compliance with sub. (2) (a) would likely result in physical harm to the child.

115.791(3)(a)3. 3. The local educational agency prevented the parent from providing such notice.

115.791(3)(a)4. 4. The parents had not received notice, pursuant to s. 115.792, of the notice requirement in sub. (2) (a).

115.791(3)(b) (b) Notwithstanding the notice requirement in sub. (2) (a), a court or hearing officer may determine not to reduce or deny the cost of reimbursement for failure to provide such notice if any of the following apply:

115.791(3)(b)1. 1. The parent is illiterate and cannot write in English.

115.791(3)(b)2. 2. Compliance with sub. (2) (a) would likely result in serious emotional harm to the child.

115.791(4) (4) Subject to s. 115.77 (1m) (d) and (e), this section does not require a local educational agency to pay the cost of education, including special education and related services, of a child with a disability at a private school or facility, including a child with a disability attending a private school under s. 115.7915, if the local educational agency made a free appropriate public education available to the child and the child’s parents elected to place the child in a private school or facility.

115.791 History History: 1997 a. 164; 2005 a. 258; 2015 a. 55.

115.7915 115.7915 Special Needs Scholarship Program.

115.7915(1) (1) Definitions. In this section:

115.7915(1)(a) (a) “Eligible school” means a private school located in this state.

115.7915(1)(b) (b) “Resident school board” means the school board of a resident school district.

115.7915(1)(c) (c) “Resident school district” means the school district in which a pupil resides.

115.7915(1)(d) (d) “Services plan” has the meaning given in 34 CFR 300.37.

115.7915(2) (2) Scholarship requirements. Beginning in the 2016-17 school year, the department shall provide to a child with a disability a scholarship under sub. (4m) (a) to attend an eligible school if all of the following apply:

115.7915(2)(b) (b) The governing body of the eligible school notified the department of its intent to participate in the program under this section.

115.7915(2)(c) (c) The eligible school has been approved as a private school by the state superintendent under s. 118.165 (2) or is accredited by Cognia, Inc., Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, Wisconsin Association of Christian Schools, National Lutheran School Accreditation, Christian Schools International, Association of Christian Schools International, the diocese or archdiocese within which the eligible school is located, or any other organization recognized by the National Council for Private School Accreditation, as of the August 1 preceding the school term for which the scholarship is awarded.

115.7915(2)(d) (d) An individualized education program or services plan is in effect for the child.

115.7915(2)(f) (f) The child’s parent or guardian on behalf of the child, or, for a child with a disability who has reached the age of 18 and has not been adjudicated incompetent, the child, submitted an application for a scholarship under this section on a form prepared by the department that includes the document developed by the department under sub. (4) to the eligible school that the child will attend. A child’s parent or guardian or a child with a disability who has reached the age of 18 may apply for a scholarship at any time during a school year and, subject to sub. (3) (b), a child may begin attending an eligible school under this section at any time during the school year.

115.7915(2)(g) (g) The eligible school has accepted the child’s application to attend the eligible school under a scholarship awarded under this section.

115.7915(2)(h) (h) The child’s parent or guardian consents to make the child available for a reevaluation within 60 days following a request for a reevaluation under this paragraph. The individualized education program team appointed for the child by the resident school district shall conduct the reevaluation, except that, if the child is attending an eligible school under this section in a nonresident school district and the parent or guardian of the child provides written consent, an individualized education program team appointed for the child by that nonresident school district may conduct the reevaluation. Upon the request of the school board of the child’s resident school district, the individualized education program team shall conduct the reevaluation required under this paragraph in the manner described under s. 115.782 (4) (a) 2. no more frequently than once every 3 years, determined from the date of the most recent evaluation or reevaluation conducted for the child under s. 115.782 or, for a child whose most recent evaluation or reevaluation was conducted more than 3 years before the child began attending an eligible school under this section, the date the child began attending an eligible school under this section.

115.7915(3) (3) Participating schools; selection of pupils.

115.7915(3)(a) (a) The governing body of an eligible school that intends to participate in the program under this section shall notify the department of its intent. The governing body of the eligible school shall include in the notice under this paragraph the number of spaces the eligible school has available for children receiving a scholarship under this section.

115.7915(3)(b) (b) If a private school participating in the program under this section receives more applications for scholarships under sub. (2) (f) than the number of children specified in the notice under par. (a), it shall accept applicants in the order in which applications are received, except that the private school may give preference to siblings of pupils who are already attending the private school.

115.7915(3)(bm) (bm) Upon receipt of an application for a scholarship under sub. (2) (f), the governing body of the eligible school shall determine whether the application satisfies the requirements under sub. (2), other than the requirement under sub. (2) (d), and shall request verification from the local education agency that developed the child’s individualized education program or services plan that the child has an individualized education program or services plan in place that meets the requirement in sub. (2) (d). The governing body of the eligible school shall also notify the child’s resident school board that, pending verification that the requirements of sub. (2) have been satisfied, the child will be awarded a scholarship under this section. The local education agency shall, within 5 business days of receiving a request under this paragraph, provide the governing body of the eligible school with a copy of the child’s individualized education program or services plan.

115.7915(3)(c) (c) The governing body of a private school participating in the program under this section shall notify the department when it verifies that a child has an individualized education program or services plan in effect and accepts the child’s application to attend the private school under a scholarship awarded under this section.

115.7915(4) (4) Department duties.

115.7915(4)(am) (am) The department shall develop a document for inclusion with an application under sub. (2) (f), and revise it as necessary, comparing the rights of a child with a disability and of his or her parent under this subchapter, other than this section, and 20 USC 1400 to 1482, with the rights of a child with a disability and of his or her parent under this section and 20 USC 1400 to 1482.

115.7915(4)(bm) (bm) Receipt by an applicant of the document developed under par. (am), acknowledged in a format prescribed by the department, constitutes notice that the applicant has been informed of his or her rights under this section and 20 USC 1400 to 1482. Subsequent acceptance of a scholarship under this section constitutes the applicant’s informed acknowledgment of the rights specified in the document.

115.7915(4c) (4c) Private school; statement of actual costs. Beginning in the 2018-19 school year, at the end of a school year in which a private school receives a scholarship under sub. (4m) on behalf of a child with a disability, the private school may submit to the department a financial statement and supporting documentation that shows the actual costs that the private school incurred to comply with sub. (6) (h) 1. for that child during that school year. The department shall provide the resident school board a copy of any financial statement and documentation it receives under this subsection.

115.7915(4m) (4m) Scholarship payments; state aid reduction.

115.7915(4m)(a) (a) Subject to par. (c), from the appropriation under s. 20.255 (2) (az), the department shall pay the private school a child attends under the scholarship program under this section, on behalf of a child’s parent or guardian, the following amount:

115.7915(4m)(a)1. 1. In the 2016-17 school year, $12,000.

115.7915(4m)(a)2. 2.

115.7915(4m)(a)2.a. a. In the 2017-18 school year, the sum of the scholarship amount under this paragraph for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.

115.7915(4m)(a)2.b. b. Beginning in the 2018-19 school year and subject to subd. 3., the sum of the scholarship amount under this subdivision for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; the change in the revenue ceiling, as defined in s. 121.905 (1), between the previous school year and current school year, if positive; the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive; and in the 2023-24 school year, 14.5 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year.

115.7915(4m)(a)3. 3. Beginning in the 2019-20 school year, if a private school submitted a financial statement for a child with a disability under sub. (4c) in the previous school year, the amount shown on the financial statement for that child for the previous school year, up to 150 percent of the amount calculated under subd. 2. b. for the current school year.

115.7915(4m)(b) (b) The department shall pay 25 percent of the total amount under par. (a) in September, 25 percent in November, 25 percent in February, and 25 percent in May. Each installment may consist of a single check for all children attending the private school who are receiving a scholarship under par. (a). The department shall include the entire amount under sub. (4p) in the November installment, but the payment shall be made in a separate check from the payment under this subsection.

115.7915(4m)(c) (c) The department may not make a scholarship payment under par. (a) or sub. (4p) to a private school on behalf of a child’s parent or guardian unless the child’s parent or guardian has acknowledged receiving the private school’s profile under sub. (6) (g) in the manner provided by the department.

115.7915(4m)(cm) (cm) If a private school receives a payment under par. (a) 3. and the amount shown on the financial statement submitted for the child with a disability under sub. (4c) in the previous school year is greater than 150 percent of the amount calculated under par. (a) 2. b. for the current school year, the department shall pay to the private school, from the appropriation under s. 20.255 (2) (az), the amount determined as follows:

115.7915(4m)(cm)1. 1. Multiply the amount calculated under par. (a) 2. b. for the current school year by 1.5.

115.7915(4m)(cm)2. 2. Subtract the product under subd. 1. from the amount shown on the financial statement.

115.7915(4m)(cm)3. 3. Multiply the difference determined under subd. 2. by 0.90.

115.7915(4m)(d) (d) Except as provided in par. (e), a scholarship awarded to a child for the child to attend a private school under par. (a) continues until the child graduates from high school or until the end of the school term in which the child attains the age of 21, whichever comes first.

115.7915(4m)(e) (e)

115.7915(4m)(e)1. 1. If an individualized education program team, upon reevaluation of a child as required under sub. (2) (h), determines that a child receiving a scholarship under par. (a) is no longer a child with a disability, all of the following apply:

115.7915(4m)(e)1.a. a. The child’s resident school district shall notify the parent or guardian of the child of the procedural safeguards in place for the child under 20 USC 1415.

115.7915(4m)(e)1.b. b. The child is not eligible to receive a scholarship under par. (a) beginning in the school term following the determination.

115.7915(4m)(e)2. 2. If a child who has been determined to be ineligible under subd. 1. continues to attend the private school he or she attended under a scholarship awarded under par. (a), for each school year the child attends the private school beginning with the school year following the determination under subd. 1., the department shall pay, from the appropriation under s. 20.255 (2) (az), to the private school, on behalf of the child’s parent or guardian, an amount equal to the appropriate per pupil amount paid to a private school participating in a parental choice program under s. 118.60 or 119.23 in that school year. The department shall make scholarship payments under this paragraph in accordance with the payment schedule specified in s. 119.23 (4) (c).

115.7915(4m)(f) (f)

115.7915(4m)(f)1. 1. Beginning in the 2016-17 school year, subject to s. 121.085 (1), the department shall decrease a school district’s state aid payment under s. 121.08 by an amount calculated as follows:

115.7915(4m)(f)1.a. a. Determine the sum of the amount paid for each child residing in the school district for whom a payment is made under par. (a) in that school year.

115.7915(4m)(f)1.c. c. Determine the number of pupils residing in the school district for whom a payment is made under par. (e) in that school year.

115.7915(4m)(f)1.d. d. Multiply the number of pupils under subd. 1. c. by the per pupil amount paid under par. (e) for that school year.

115.7915(4m)(f)1.df. df. Identify the children residing in the school district for whom a payment is made under sub. (4p) in that school year.

115.7915(4m)(f)1.dh. dh. Sum the payments made under sub. (4p) (a) for all of the children identified under subd. 1. df. for that school year.

115.7915(4m)(f)1.e. e. Sum the amounts calculated under subd. 1. a., d., and dh.

115.7915(4m)(f)2. 2. If the state aid payment under s. 121.08 is insufficient to cover the reduction under subd. 1., as determined under s. 121.085 (2), the department shall decrease other state aid payments made by the department to the school district by the remaining amount.

115.7915(4m)(f)3. 3. The department shall ensure that the decrease under subd. 1. does not affect the amount determined to be received by a school district as state aid under s. 121.08 for any other purpose.

115.7915(4p) (4p) Scholarship payment; summer school.

115.7915(4p)(a) (a) In addition to the scholarship amount under sub. (4m), the department shall, subject to par. (b) and sub. (4m) (c) and in the manner described in sub. (4m) (b), pay to a private school participating in the scholarship program under this section, on behalf of the parent or guardian of a child who attended a private school under this section during the immediately preceding school term and who attends summer school in the private school under this section during a summer, an amount determined as follows:

115.7915(4p)(a)1. 1. Determine the scholarship amount under sub. (4m) that applied to the child in the immediately preceding school term.

115.7915(4p)(a)2. 2. If the child attended summer school for at least 15 days of summer instruction at the private school during that summer, multiply the amount under subd. 1. by 0.05.

115.7915(4p)(a)3. 3. If the child attended summer school for less than 15 days of summer instruction at the private school during that summer, multiply the amount under subd. 1. by 0.05, and multiply that product by the quotient determined by dividing the number of days of summer instruction the child attended during that summer by 15.

115.7915(4p)(b) (b) A participating private school may receive payment under par. (a) only if all of the following are satisfied:

115.7915(4p)(b)1. 1. The private school offers no fewer than 19 summer days of instruction during that summer.

115.7915(4p)(b)2. 2. Each summer day of instruction offered by the private school under subd. 1. is comprised of no fewer than 270 minutes of instruction.

115.7915(5) (5) School board duties.