1997 Wisconsin Act 164

CHAPTER 115

state superintendent; GENERAL
CLASSIFICATIONS AND DEFINITIONS;
HANDICAPPED CHILDREN with
disabilities

164,32 Section 32. 115.001 (15) of the statutes is created to read:

115.001 (15) “State superintendent" means the state superintendent of public instruction.

164,33 Section 33 . 115.28 (3) of the statutes is amended to read:

115.28 (3) Supervision of schools. Supervise and inspect the public schools and day schools for handicapped children with disabilities, advise the principals and local authorities thereof and give assistance in organizing such schools.

164,34 Section 34 . 115.28 (7) (c) of the statutes is amended to read:

115.28 (7) (c) Subject to s. 118.19 (4m), license and make rules for the examination and licensing of persons, including teachers, employed by to provide publicly funded special education programs, as and related services, as those terms are defined in s. 115.76 (10) (14) and (15).

164,35 Section 35 . 115.28 (11) of the statutes is amended to read:

115.28 (11) Driver education courses. Approve driver education courses offered by school districts, county handicapped children's children with disabilities education boards and technical college districts for the purposes of ss. 121.41 (1) and 343.16 (1) (c) 1. and establish minimum standards for driver education courses offered in private schools for the purposes of s. 343.16 (1) (c) 3. All driver education courses approved or for which standards are established under this subsection shall acquaint each student with the hazards posed by farm machinery and animals on highways and shall provide instruction in safely dealing with such hazards.

164,36 Section 36 . 115.28 (13) of the statutes is amended to read:

115.28 (13) Uniform financial fund accounting. Prescribe a uniform financial fund accounting system, applicable to all school districts and county handicapped children's children with disabilities education boards, which provides for the recording of all financial transactions inherent in the management of schools and county handicapped children's children with disabilities education board programs and the administration of the state's school aid programs.

164,37 Section 37 . 115.28 (19) (a) of the statutes is repealed.

164,38 Section 38 . 115.28 (19) (b) of the statutes is renumbered 115.28 (19).

164,39 Section 39 . 115.29 (5) of the statutes is amended to read:

115.29 (5) Teacher supply, information and analysis. Assist school boards, cooperative educational service agencies and county handicapped children's children with disabilities education boards to locate qualified professional school personnel, assist qualified professional school personnel to locate vacant positions and provide information and analysis of the professional school personnel supply.

164,40 Section 40 . 115.362 (4) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

115.362 (4) (a) Each school board receiving a grant under sub. (2) (a) 2. shall ensure that its program meets standards established by the state superintendent by rule. The school board may establish the program individually or on a cooperative basis with one or more school districts, cooperative educational service agencies or county handicapped children's children with disabilities education boards.

164,41 Section 41 . 115.37 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

115.37 Council on the education of the blind. The council on the education of the blind shall make recommendations as to procedures and policies affecting any problem of the visually handicapped children with visual impairments before the department. The council shall advise on such services, activities, programs, investigations and researches as in its judgment will contribute to the welfare of visually handicapped persons with visual impairments. The state superintendent shall seek the advice of and consult with the council on problems and policy changes affecting the visually handicapped persons with visual impairments in the department's jurisdiction, and the council may initiate consultations with the department. Notwithstanding any provision to the contrary, the council shall have access to files, records and statistics kept in the department which relate to matters concerning the visually handicapped children with visual impairments.

164,42 Section 42 . Subchapter III of chapter 115 (title) [precedes 115.51] of the statutes is amended to read:

Chapter 115

SUBCHAPTER III
STATE SCHOOLS AND SCHOLARSHIPS
FOR THE HANDICAPPED

164,43 Section 43 . 115.51 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

115.51 (1) “Blind" includes persons visually handicapped with visual impairments, as determined by competent medical authority with the approval of the state superintendent.

164,44 Section 44 . 115.52 (1) of the statutes is amended to read:

115.52 (1) The object of the Wisconsin school for the visually handicapped and the Wisconsin school for the deaf is to afford the visually handicapped persons with visual impairments and the deaf persons with hearing impairments a practical education and physical rehabilitation which may aid them to make a living, discharge their duties as citizens and secure to them all possible happiness.

164,45 Section 45 . 115.52 (5) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

115.52 (5) The state superintendent may grant approval for the maintenance of a summer school at the school for the deaf whenever it will be to the advantage of deaf persons with hearing impairments and may grant approval for the maintenance of a summer school at the school for the visually handicapped whenever it will be to the advantage of visually handicapped minors children with visual impairments. There shall be a summer school each year at the school for the visually handicapped for visually handicapped adults with visual impairments.

164,46 Section 46 . 115.52 (7) of the statutes is amended to read:

115.52 (7) The Wisconsin school for the deaf may provide instruction for preschool deaf children with hearing impairments and their parents. The Wisconsin school for the visually handicapped may provide instruction for preschool visually handicapped children with visual impairments and their parents. Such instruction or treatment shall be subject to the approval of, and shall comply with requirements established by, the department.

164,47 Section 47 . 115.53 (2) of the statutes is amended to read:

115.53 (2) Arrange for vocational, trade or academic training for any pupil in either state school qualified to take such training advantageously, in either a public school or technical college or a private business establishment in Janesville or Delavan. The public school and the technical college shall be paid the regular tuition for full-time attendance and proportionally for part-time attendance by the school district responsible for the pupil's placement in an appropriate program under s. 115.85 (1) provision of a free appropriate public education under subch. V.

164,48 Section 48 . 115.55 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

115.55 (title) Library for the blind and visually handicapped persons with visual impairments. Embossed, clear type or large type text books acquired by the school for the visually handicapped shall constitute a circulating collection for the blind and visually handicapped persons with visual impairments. The collection shall be kept at the school and be under the supervision of its superintendent. All blind and visually handicapped school age children with visual impairments of the state may use such books upon compliance with rules made by the superintendent and approved by the state superintendent.

164,49 Section 49 . 115.74 (1) (a) 3. of the statutes is amended to read:

115.74 (1) (a) 3. Placement rates Rates of American Indian children in classes for handicapped pupils receiving special education and related services under subch. V of ch. 115 in comparison with statewide and district-wide placement rates.

164,50 Section 50 . Subchapter V of chapter 115 [precedes 115.758] of the statutes, as affected by 1997 Wisconsin Acts 27 and 59, is repealed and recreated to read:

CHAPTER 115

SUBCHAPTER V
children with disabilities

115.758 Construction. To the extent possible, this subchapter shall be construed in a manner that is consistent with 20 USC 1400 to 1487.

115.76 Definitions. In this subchapter:

(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.

(2) “Assistive technology service" means any service that directly assists a child with a disability in the selection, acquisition or use of an assistive technology device, including all of the following:

(a) The evaluation of the needs of the child, including a functional evaluation of the child in the child's customary environment.

(b) Purchasing, leasing or otherwise providing for the acquisition of assistive technology devices by the child.

(c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing of assistive technology devices.

(d) Coordinating and using other therapies, interventions or services with assistive technology devices, such as those associated with existing education and rehabilitative plans and programs.

(e) Training or technical assistance for the child or, where appropriate, the child's family.

(f) Training or technical assistance for professionals, including individuals providing education and rehabilitative services, employers or other individuals who provide services to, employ or are otherwise substantially involved in the major life functions of the child.

(3) “Child" means any person who is at least 3 years old but not yet 22 years old and who has not graduated from high school.

(4) “Child caring institution" means a child welfare agency licensed under s. 48.60.

(5) (a) “Child with a disability" means a child who, by reason of any of the following, needs special education and related services:

1. Cognitive disabilities.

2. Hearing impairments.

3. Speech or language impairments.

4. Visual impairments.

5. Emotional disturbance.

6. Orthopedic impairments.

7. Autism.

8. Traumatic brain injury.

9. Other health impairments.

10. Learning disabilities.

(b) “Child with a disability" may, at the discretion of the local educational agency and consistent with department rules, include a child who, by reason of his or her significant developmental delay, needs special education and related services.

(6) “Division" means the division for learning support, equity and advocacy in the department.

(7) “Free appropriate public education" means special education and related services that are provided at public expense and under public supervision and direction, meet the standards of the department, include an appropriate preschool, elementary or secondary school education and are provided in conformity with an individualized education program.

(8) “Hearing officer" means an independent examiner appointed to conduct hearings under s. 115.80.

(9) “Individualized education program" means a written statement for a child with a disability that is developed, reviewed and revised in accordance with s. 115.787.

(10) “Local educational agency", except as otherwise provided, means the school district in which the child with a disability resides, or the department of health and family services or the department of corrections if such department is responsible for providing a free appropriate public education to the child.

(11) “Native language", when used with reference to an individual of limited English proficiency, means the language normally used by the individual.

(12) “Parent" means a biological parent; a husband who has consented to the artificial insemination of his wife under s. 891.40; a male who is presumed to be the child's father under s. 891.41; a male who has been adjudicated the child's father under subch. VIII of ch. 48, under ss. 767.45 to 767.51, by final order or judgment of an Indian tribal court of competent jurisdiction or by final order or judgment of a court of competent jurisdiction in another state; an adoptive parent; a legal guardian; a person acting as a parent of a child; a person appointed as a sustaining parent under s. 48.428; or a person assigned as a surrogate parent under s. 115.792 (1) (a) 2. “Parent" does not include any person whose parental rights have been terminated; the state or a county or a child welfare agency if a child was made a ward of the state or a county or child welfare agency under ch. 880 or if a child has been placed in the legal custody or guardianship of the state or a county or a child welfare agency under ch. 48 or ch. 767; or an American Indian tribal agency if the child was made a ward of the agency or placed in the legal custody or guardianship of the agency.

(13) “Person acting as a parent of a child" means a relative of the child or a private individual allowed to act as a parent of a child by the child's biological or adoptive parents or guardian, and includes the child's grandparent, neighbor, friend or private individual caring for the child with the explicit or tacit approval of the child's biological or adoptive parents or guardian. “Person acting as a parent of a child" does not include any person that receives public funds to care for the child if such funds exceed the cost of such care.

(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; psychological services; physical and occupational therapy; recreation, including therapeutic recreation; social work services; 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.

(15) “Special education" means specially designed instruction, regardless of where the instruction is conducted, that is provided at no cost to the child or the child's parents, to meet the unique needs of a child with a disability, including instruction in physical education.

(16) “Supplementary aids and services" means aids, services and other supports that are provided in regular education classes or other education-related settings to enable a child with a disability to be educated with nondisabled children to the maximum extent appropriate.

(17) “Transition services" has the meaning given in 20 USC 1401 (30).

115.762 Division for learning support, equity and advocacy. (1) Appointment of administrator. The state superintendent shall appoint the administrator of the division.

(2) Staff. Subject to the approval of the state superintendent, the administrator of the division shall appoint qualified staff necessary to perform the duties required of the division.

(3) Division duties. The division is responsible for all of the following:

(a) Ensuring that all children with disabilities, including children who are not yet 3 years of age, who reside in this state and who are in need of special education and related services are identified, located and evaluated.

(am) Ensuring that a free appropriate public education is available to all children with disabilities who reside in this state, including such children who are suspended or expelled from school.

(b) Developing and implementing a practical method to determine which children with disabilities are receiving special education and related services.

(c) Complying with the requirements of this subchapter and applicable federal law, including 20 USC 1415 (k).

(d) Coordinating and supervising the provision of all publicly funded special education and related services for children with disabilities in this state and ensuring that such education and services meet the educational standards of the department, including any criteria established by the department relating to enrollment.

(e) Pursuant to s. 115.77 (4), approving the plan for the provision of all special education and related services provided by a local educational agency.

(g) Monitoring and enforcing local educational agency and child caring institution compliance with this subchapter and applicable federal law, including 20 USC 1415 (k).

(h) Maintaining current information on all publicly funded special education and related services within this state and making this information public.

(i) Coordinating a comprehensive system of personnel development that is designed to ensure an adequate supply of qualified special education, regular education and related services personnel and that meets the requirements of applicable federal law, including participation, as appropriate, by institutions of higher education, state and local agencies and other public and private organizations.

(j) Examining data to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities among local educational agencies or compared to such rates for nondisabled children within such agencies. If such discrepancies are occurring, the division shall review and, if appropriate, revise or require the affected local educational agency to revise its policies, procedures and practices relating to the development and implementation of individualized education programs, the use of behavioral interventions and procedural safeguards to ensure that such policies, procedures and practices comply with this subchapter.