115.88(4)(4) Hospitals and convalescent home aid. The full cost of special education for children in hospitals and convalescent homes for orthopedically disabled children shall be paid from the appropriation under s. 20.255 (2) (b). The supervision of such instruction shall be under the department and the school board of the school district in which the hospital or convalescent home is located. The school board of the district in which the hospital or convalescent home is located shall submit to the department an itemized statement of all revenues and expenditures for the actual cost of such instruction and any other information it requires. 115.88(6)(6) Aid for instruction outside of district. The department shall certify to the department of administration, in favor of each school district, an amount equal to the amount expended for salaries and travel expenses, as determined in advance by the state superintendent, for providing special education outside the school district of employment, as eligible for reimbursement from the appropriation under s. 20.255 (2) (b). 115.88(7)(7) Offsetting receipts. In any school year, the following revenues shall be deducted from costs aidable under this section before aids are calculated under this section: 115.88(7)(a)(a) Any federal operational revenues expended on costs aidable under this section. 115.88(7)(b)(b) That portion of state tuition payments attributable to the special annual tuition rate under s. 121.83 (1) (c), regardless of the school year in which the services were provided. The tuition revenues shall be allocated to the most appropriate part of a program. 115.88(8)(8) Enrollment out of state. If a child with a disability is enrolled in a public special education program located in another state and the state superintendent is satisfied that the program in which the child is enrolled complies with this subchapter, the state superintendent shall certify to the department of administration in favor of the school district in which the child resides or the school district attended by the child under s. 118.50, 118.51, or 121.84 (1) (a) or (4) a sum equal to the amount expended by the school district during the preceding year for the additional costs associated with the child’s special education program as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). 115.88(9)(9) Distribution schedule. Each county, cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) or (2x) and school district entitled to state aid under this section shall receive 15 percent of its total aid entitlement in each month from November to March and 25 percent of its total entitlement in June. 115.88(10)(10) Audit of eligible costs. The state superintendent may audit costs under this section and adjust the amounts eligible for reimbursement to cover only actual, eligible costs. 115.881115.881 Additional special education aid. 115.881(1)(1) A school board, board of control of a cooperative educational service agency, county children with disabilities education board, or operator of a charter school established under s. 118.40 (2r) or (2x) may apply to the department for aid under this section if the applicant incurred, in the previous school year, more than $30,000 of nonadministrative costs for providing special education and related services to a child and those costs were not eligible for reimbursement under s. 115.88, 115.93, or 118.255, 20 USC 1400 et seq., or federal medicaid. 115.881(2)(2) For each child whose costs exceeded $30,000 under sub. (1), the department shall, from the appropriation under s. 20.255 (2) (bd), pay an eligible applicant in the current school year an amount equal to 0.90 multiplied by that portion of the cost under sub. (1) that exceeded $30,000. 115.881(3)(3) If the appropriation under s. 20.255 (2) (bd) is insufficient to pay the full amount of costs under sub. (2), the department shall prorate payments among eligible applicants. 115.881 Cross-referenceCross-reference: See also ch. PI 30, Wis. adm. code. 115.882115.882 Payment of state aid. Funds appropriated under s. 20.255 (2) (b) shall be used first for the purpose of s. 115.88 (4). Costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b) under ss. 115.88 (1m) to (3), (6) and (8), 115.93, and 118.255 (4) shall be reimbursed at a rate set to distribute the full amount appropriated for reimbursement for the costs, not to exceed 100 percent. 115.884115.884 Special education transition grants. 115.884(1)(1) In the 2016-17 school year and each school year thereafter, from the appropriation under s. 20.255 (2) (bf), the department shall award an incentive grant in the amount of $1,000 per individual to a school district, or to an operator of a charter school established under s. 118.40 (2r) or (2x), that applies for a grant under this section and that demonstrates to the satisfaction of the department that the individual satisfies all of the following criteria: 115.884(1)(a)(a) During the school year prior to the school year preceding the school year in which a school district or operator of the charter school applies to receive a grant under this section, all of the following criteria apply to the individual: 115.884(1)(a)1.1. The individual was enrolled in a high school in the school district or in a high school grade in the charter school. 115.884(1)(a)2.2. The individual exited the high school in the school district or exited the charter school. 115.884(1)(a)3.3. An individualized education program was in effect for the individual. 115.884(1)(b)(b) At the time the school district or the operator of the charter school applies to receive a grant under this section, one of the following criteria applies to the individual: 115.884(1)(b)1.1. The individual had enrolled in a higher education program within one year of exiting high school. In this subdivision, “higher education program” means a 4-year program at a college or university, a 2-year program at a college or community college, or a 2-year program at a technical college. 115.884(1)(b)2.2. The individual had enrolled in other postsecondary education or training within one year of exiting high school. In this subdivision, “other postsecondary education or training” includes a high school completion or equivalency program, a vocational school, an apprenticeship or short-term training program, an on-the-job training program, an adult education program, and a program, other than a 2-year program, at a vocational or technical school. 115.884(1)(b)3.3. The individual had been, or remains, competitively employed within one year of exiting high school. In this subdivision, “competitively employed” means 90 days or more of cumulative or consecutive work paying minimum wage or greater for an average of at least 20 hours per week in a setting with others who are not disabled. 115.884(2)(2) If the appropriation under s. 20.255 (2) (bf) in any fiscal year is insufficient to pay the full amount under sub. (1), the department shall prorate the amount of its payments among school districts and operators of charter schools established under s. 118.40 (2r) or (2x) that are eligible for an incentive grant under this section. 115.884 HistoryHistory: 2015 a. 55; 2017 a. 59. 115.885115.885 Special education transition readiness grant program. 115.885(1)(1) Beginning in the 2018-19 school year, the department shall award grants to school districts and charter schools under s. 118.40 (2r) and (2x) to fund special education workforce transition support services, including pupil transportation, professional development for school personnel, and employing adequate school personnel. 115.885(2)(2) The department shall award grants under sub. (1) from the appropriation under s. 20.255 (2) (bg). The department may not award a grant under sub. (1) in an amount that is less than $25,000 nor more than $100,000. 115.885(3)(3) The department shall promulgate rules to implement and administer this section. 115.885 HistoryHistory: 2017 a. 59; 2017 a. 364 s. 49. 115.897115.897 Exhaustion of remedies. Before the filing of a civil action under any federal law seeking any relief that is also available under this subchapter, the procedures under s. 115.80 shall be exhausted to the same extent as would be required had the action been brought under this subchapter. 115.897 HistoryHistory: 1997 a. 164. 115.897 AnnotationA plaintiff is not required to exhaust the administrative procedures under the federal Individuals with Disabilities Education Act (IDEA) before seeking relief under other federal antidiscrimination statutes, such as the Americans with Disabilities Act of 1990, if the remedy a plaintiff seeks is not one IDEA provides. Perez v. Sturgis Public Schools, 598 U.S. ___, 143 S. Ct. 859, 215 L. Ed. 2d 95 (2023). 115.898 HistoryHistory: 1997 a. 164. 115.90115.90 Noncompliance; remedies. 115.90(1)(1) If, as the result of a monitoring procedure or a complaint investigation, the state superintendent finds that a local educational agency has violated this subchapter, the state superintendent may require the local educational agency to submit a corrective plan addressing the violation. 115.90(2)(2) If the state superintendent, after reasonable notice and an opportunity for a hearing, finds that a local educational agency has failed to comply with any requirement in this subchapter, the state superintendent shall reduce or eliminate special education aid to the local educational agency until he or she is satisfied that the local educational agency is complying with that requirement. 115.90(3)(3) If the state superintendent finds that a corrective plan under sub. (1) has not been implemented, or that withholding aid under sub. (2) has been inadequate to ensure compliance with this subchapter, the state superintendent shall request the attorney general to proceed against the local educational agency for injunctive or other appropriate relief. 115.90 HistoryHistory: 1997 a. 164. EDUCATION FOR SCHOOL AGE PARENTS
115.91115.91 Definition. In this subchapter, “school age parent” means any person under the age of 21 who is not a high school graduate and is a parent, an expectant parent or a person who has been pregnant within the immediately preceding 120 days. 115.915115.915 Availability of program services and modifications. Each school board shall make available to any school age parent who is a resident of the school district program modifications and services that will enable the pupil to continue his or her education. 115.915 HistoryHistory: 1985 a. 29 s. 1712; 1985 a. 56; Stats. 1985 s. 115.915. 115.92115.92 Establishment of programs; rules. 115.92(1)(1) Any school board may establish a program for school age parents who are residents of the school district. The program shall be designed to provide services and instruction to meet the needs of school age parents, including education on the skills required of a parent; family planning, as defined in s. 253.07 (1) (a), including natural family planning; and instruction on adoption and adoption services. The instruction provided on adoption and adoption services shall include instruction on the options available and the procedures followed in independent and agency adoptions, including current practices regarding a birth parent’s involvement in the selection of an adoptive home and the sharing of information between birth parents and adoptive parents, instruction on the impact of adoption on birth parents and children who have been adopted and an explanation that the adoption process may be initiated even after a child has been born and has left the hospital. The program shall be coordinated with existing vocational and job training programs in the school district. 115.92(2)(a)(a) Annually, and at such other times as the department requires, every school board that establishes a program under this subchapter shall submit a written report to the department. The report shall specify the number of school age parents instructed or provided service. 115.92(2)(b)(b) Annually, on or before September 15, each school board maintaining a program under this subchapter shall submit to the department an itemized statement on oath of all revenues and expenditures related to the program during the preceding school year. 115.92(3)(3) The state superintendent shall by rule establish criteria for the approval of programs established under this subchapter for the purpose of determining those programs eligible for aid under s. 115.93. 115.92 Cross-referenceCross-reference: See also ch. PI 19, Wis. adm. code. 115.93115.93 State aid. If upon receipt of the reports under s. 115.92 (2) the state superintendent is satisfied that the school age parents program has been maintained during the preceding school year in accordance with the rules under s. 115.92 (3), the state superintendent shall certify to the department of administration in favor of each school district maintaining the program a sum equal to the amount expended by the school district during the preceding school year for salaries of teachers and instructional aides, special transportation and other expenses approved by the state superintendent as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). BILINGUAL-BICULTURAL EDUCATION
Subch. VII of ch. 115 Cross-referenceCross-reference: See also ch. PI 13, Wis. adm. code. 115.95115.95 Legislative findings and declaration of policy. 115.95(1)(a)(a) There are pupils in this state who enter elementary and secondary school with limited or nonexistent English speaking ability due to the use of another language in their family or in their daily, nonschool environment. 115.95(1)(b)(b) Classes conducted in English do not always provide adequate instruction for children whose English language abilities are limited or nonexistent. 115.95(1)(c)(c) It is beneficial to pupils from bicultural and monocultural backgrounds to participate in bilingual-bicultural programs where such programs are available in order to instill respect for non-English languages and cultures in all pupils. 115.95(2)(2) It is the policy of this state to provide equal educational opportunities by ensuring that necessary programs are available for limited-English proficient pupils while allowing each school district maximum flexibility in establishing programs suited to its particular needs. To this end, this subchapter establishes bilingual-bicultural education programs for pupils in school districts with specified concentrations of limited-English proficient pupils in the attendance areas of particular schools. 115.95(3)(3) It is the policy of this state to reimburse school districts, in substantial part, for the added costs of providing the programs established under this subchapter. 115.95(4)(4) It is the policy of this state that a limited-English proficient pupil participate in a bilingual-bicultural education program only until such time as the pupil is able to perform ordinary classwork in English. 115.95(5)(5) It is the policy of this state that fundamental courses may be taught in the pupil’s non-English language to support the understanding of concepts, while the ultimate objective shall be to provide a proficiency in those courses in the English language in order that the pupil will be able to participate fully in a society whose language is English. 115.95(6)(6) Furthermore, it is the policy of this state to encourage reform, innovation and improvement in graduate education, in the structure of the academic profession and in the recruitment and retention of higher education and graduate school faculties, as related to bilingual-bicultural education, and to give special recognition to persons who possess a reading ability and speaking fluency in a non-English language and an understanding of another culture. 115.955115.955 Definitions. In this subchapter: 115.955(2)(2) “Bilingual-bicultural education program” means a program designed to improve the comprehension and the speaking, reading and writing ability of a limited-English proficient pupil in the English language, so that the pupil will be able to perform ordinary classwork in English. 115.955(3)(3) “Bilingual counselor” means a certified school counselor approved by the state superintendent under s. 115.28 (15) (a). 115.955(4)(4) “Bilingual counselor’s aide” means a person who is employed to assist a counselor and who is approved by the state superintendent under s. 115.28 (15) (a). 115.955(6)(6) “Bilingual teacher’s aide” means a person who is employed to assist a teacher and who is approved by the state superintendent under s. 115.28 (15) (a). 115.955(7)(7) “Limited-English proficient pupil” means a pupil whose ability to use the English language is limited because of the use of a non-English language in his or her family or in his or her daily, nonschool surroundings, and who has difficulty, as defined by rule by the state superintendent, in performing ordinary classwork in English as a result of such limited English language proficiency. 115.96115.96 Establishment of programs. 115.96(1)(1) Count of limited-English proficient pupils. Annually, on or before March 1, each school board shall conduct a count of the limited-English proficient pupils in the public schools of the district, assess the language proficiency of such pupils and classify such pupils by language group, grade level, age and English language proficiency. 115.96(2)(2) Notification. Annually, on or before April 1, a school board which may be required to offer a bilingual-bicultural education program shall send to the parent, legal custodian or guardian of every limited-English proficient pupil identified under sub. (1) who is eligible for participation in such a program, a notice which states that a bilingual-bicultural education program may be instituted, contains information on the procedures for registering a pupil in such a program, and provides notice of the consent required under sub. (3). The notice shall be in English and in the non-English language of the limited-English proficient pupil. 115.96(3)(3) Parental consent. On or before May 1, any parent or legal custodian desiring that their child be placed in a bilingual-bicultural education program shall give written consent to such child’s placement. 115.96(4)(4) Program established. Annually, on or before July 1, the school board shall establish a bilingual-bicultural education program, if required under s. 115.97. A bilingual-bicultural education program established under this subchapter shall provide all of the following: 115.96(4)(a)(a) Instruction in reading, writing and speaking the English language. 115.96(4)(b)(b) Through the use of the native language of the limited-English proficient pupil, instruction in the subjects necessary to permit the pupil to progress effectively through the educational system.
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Chs. 115-121, Public Instruction
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