1997 WISCONSIN ACT 164
An Act to repeal 115.28 (19) (a), 118.51 (5) (a) 5. and 121.54 (4) (b); to renumber 115.28 (19) (b) and 121.54 (4) (a); to amend 15.377 (1), 20.255 (1) (d), 20.255 (2) (b) (title), 20.255 (2) (bh), 20.255 (2) (br), 20.866 (2) (zh), 36.25 (19), 46.21 (1) (d), 46.23 (2) (a), 46.56 (1) (m), 46.56 (3) (a) 6., 46.56 (3) (d) 1. d., 46.56 (5) (a), 46.56 (8) (a), 46.56 (8) (g), 46.56 (15) (d), 48.14 (7), 48.345 (intro.), 48.345 (12) (d), 48.428 (3) (e), 48.60 (4), 51.05 (5), 51.06 (2), 51.42 (3) (ar) 7., 51.437 (4m) (g), 70.11 (10m), 70.11 (22), 79.03 (3) (b) 4. a., 79.10 (1) (e), chapter 115 (title), 115.28 (3), 115.28 (7) (c), 115.28 (11), 115.28 (13), 115.29 (5), 115.362 (4) (a), 115.37, subchapter III of chapter 115 (title) [precedes 115.51], 115.51 (1), 115.52 (1), 115.52 (5), 115.52 (7), 115.53 (2), 115.55, 115.74 (1) (a) 3., 116.08 (4), 118.15 (1) (dm), 118.15 (3) (a), 118.15 (3) (b), 118.22 (1) (a), 118.255 (2) (a), 118.255 (2) (b), 118.255 (2) (c), 118.255 (3), 118.255 (4), 118.29 (2) (a) (intro.), 118.29 (2) (b), 118.29 (3), 118.29 (4), 118.295, 118.31 (1), 118.33 (2) (m), 118.51 (1) (a), 118.51 (5) (a) 4., 118.51 (5) (a) 6., 118.51 (12), 118.51 (13m), 118.51 (14) (a) 2., 118.51 (17), 118.52 (6) (a), 118.55 (7r) (am), 118.55 (7r) (dm), 119.18 (20), 119.28 (1), 119.72 (2) (d), 120.13 (26m), 121.004 (10), 121.05 (1) (a) 1., 121.05 (1) (a) 2., 121.05 (1) (a) 6., 121.135 (title), 121.135 (1), 121.135 (2) (a) 1., 121.135 (2) (a) 2., 121.135 (2) (c), 121.135 (3), 121.14 (1), 121.14 (2) (b), 121.14 (3), 121.41 (1), 121.54 (3), 121.55 (3), 121.57 (1) (b), 121.58 (3), 121.76 (1) (a), 121.76 (1) (b), 121.77 (1) (b), 121.78 (3) (a), 121.83 (1) (a) 3. (intro.) and b., 121.83 (1) (c), 121.905 (3) (a), 121.905 (3) (b), 121.91 (4) (a) 3., 253.02 (1) (a), 253.12 (1) (g), 254.162 (1) (d), 340.01 (56) (a) 4., 346.475, 448.56 (1), 814.04 (intro.), 904.085 (2) (a), 938.34 (7d) (d) and 938.345 (1) (e); to repeal and recreate 15.377 (4), subchapter V of chapter 115 [precedes 115.758], 118.15 (4m) and 118.30 (2) (b) 1.; and to create 115.001 (15) of the statutes; relating to: special education programs for children with disabilities and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
164,1
Section 1
. 15.377 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:
15.377 (1) Council on the education of the blind. There is created in the department of public instruction a council on the education of the blind consisting of 3 members, who shall be visually handicapped have a visual impairment and shall have a recognized interest in and a demonstrated knowledge of the problems of the visually handicapped children who have visual impairments, appointed by the state superintendent of public instruction for staggered 6-year terms. “Visually handicapped" “Visual impairment" means having a) a visual acuity equal to or less than 20/70 in the better eye with correcting lenses, or b) a visual acuity greater than 20/70 in the better eye with correcting lenses, but accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.
164,2
Section
2. 15.377 (4) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed and recreated to read:
15.377 (4) Council on special education. There is created in the department of public instruction a council on special education to advise the state superintendent of public instruction about the unmet educational needs of children with disabilities, in developing evaluations and reporting on data to the federal department of education, in developing plans to address findings identified in federal monitoring reports, in developing and implementing policies relating to the coordination of services for children with disabilities and on any other matters upon which the state superintendent wishes the council's opinion; and to comment publicly on any rules proposed by the department of public instruction regarding the education of children with disabilities. The state superintendent of public instruction shall appoint the members of the council for 3-year terms, and shall ensure that a majority of the members are individuals with disabilities or parents of children with disabilities and that the council is representative of the state population, as determined by the state superintendent. The council shall be composed of individuals who are involved in, or concerned with, the education of children with disabilities, including all of the following:
(a) Teachers of regular education and teachers of special education.
(b) Representatives of institutions of higher education that train special education and related services personnel.
(c) State and local education officials.
(d) Administrators of programs for children with disabilities.
(e) Representatives of agencies other than the department of public instruction involved in the financing or delivery of related services to children with disabilities.
(f) Representatives of private schools and charter schools.
(g) At least one representative of a vocational, community or business organization that provides transition services for children with disabilities.
(h) Representatives from the department of corrections.
(i) Parents of children with disabilities.
(j) Individuals with disabilities.
164,3
Section 3
. 20.255 (1) (d) of the statutes is amended to read:
20.255 (1) (d) Principal repayment and interest. A sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing the acquisition, construction, development, enlargement or improvement of institutional facilities for the
individuals with hearing impaired impairments and visually handicapped visual impairments under s. 115.52 and reference and loan library facilities under s. 43.05 (11).
164,4
Section 4
. 20.255 (2) (b) (title) of the statutes is amended to read:
20.255 (2) (b) (title) Aids for
handicapped special education.
164,5
Section 5
. 20.255 (2) (bh) of the statutes is amended to read:
20.255 (2) (bh) (title) Aid to county
handicapped children's children with disabilities education boards. The amounts in the schedule for aid to county handicapped children's children with disabilities education boards under s. 121.135.
164,6
Section 6
. 20.255 (2) (br) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:
20.255 (2) (br) (title) Aid for
handicapped special education transportation. The amounts in the schedule for the payment of handicapped special education transportation aid under s. 115.88 (2). If the amount appropriated under this paragraph is insufficient to pay the full amount of aid under s. 115.88 (2), the balance shall be paid from the appropriation under par. (b). No moneys may be encumbered from the appropriation under this paragraph after June 30, 1993.
164,7
Section 7
. 20.866 (2) (zh) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:
20.866 (2) (zh) Public instruction; state schools and library facilities. From the capital improvement fund, a sum sufficient for the department of public instruction to acquire, construct, develop, enlarge or improve institutional facilities for the individuals with hearing impaired impairments and the visually handicapped individuals with visual impairments and reference and loan library facilities. The state may contract public debt in an amount not to exceed $7,367,700 for this purpose.
164,8
Section 8
. 36.25 (19) of the statutes is amended to read:
36.25 (19) Model school special education program. (a) The board may establish at the University of Wisconsin-Madison a model school for children with exceptional educational needs disabilities, as defined in s. 115.76 (3) (5). The school shall utilize practical demonstration techniques to train teachers and other support personnel under s. 115.28 (7) (c).
(b) The board may enter into an agreement with the school board of any school district to provide special education and other related services through the model school to children with exceptional educational needs disabilities. The board may charge tuition for children served in the model school. Tuition charges made under such agreements shall be based on the net cost of providing the special education and other related services.
164,9
Section 9
. 46.21 (1) (d) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:
46.21 (1) (d) “Human services" means the total range of services to people, including mental illness treatment, developmental disabilities services, physical disabilities services, relief funded by a relief block grant under ch. 49, income maintenance, youth probation and parole services, alcohol and drug abuse services, services to children, youth and families, family counseling, exceptional educational early intervention services for children from birth to the age of 3 and manpower services. “Human services" does not include child welfare services under s. 48.48 (17) administered by the department in a county having a population of 500,000 or more.
164,10
Section 10
. 46.23 (2) (a) of the statutes is amended to read:
46.23 (2) (a) “Human services" means the total range of services to people including, but not limited to, health care, mental illness treatment, developmental disabilities services, relief funded by a block grant under ch. 49, income maintenance, probation and parole services, alcohol and drug abuse services, services to children, youth and aging, family counseling, exceptional educational special education services and manpower services.
164,11
Section 11
. 46.56 (1) (m) of the statutes is amended to read:
46.56 (1) (m) “Service coordination agency" means a county department, agency, school district, cooperative educational service agency or county handicapped children's children with disabilities education board designated in an interagency agreement by a coordinating committee to provide intake and service coordination for one or more target groups of eligible children with severe disabilities and their families.
164,12
Section 12
. 46.56 (3) (a) 6. of the statutes is amended to read:
46.56 (3) (a) 6. The largest school district in the county and any cooperative educational service agency, if it provides special education in the county, or any county handicapped children's children with disabilities education board in the county, and any other school district in the county that is willing to participate in the program, at the discretion of the administering agency.
164,13
Section 13
. 46.56 (3) (d) 1. d. of the statutes is amended to read:
46.56 (3) (d) 1. d. Review determinations by the service coordination agency regarding eligibility, assessment, appropriate services, or funding of services at the request of any applicant, recipient, parent or participating county department, agency, school district, cooperative educational service agencies or county handicapped children's children with disabilities education boards. The committee shall adopt written procedures for conducting reviews.
164,14
Section 14
. 46.56 (5) (a) of the statutes is amended to read:
46.56 (5) (a) The identity of every county department, agency, school district, cooperative educational service agency or county handicapped children's
children with disabilities education board, technical college district or other organization that will participate in the program.
164,15
Section 15
. 46.56 (8) (a) of the statutes is amended to read:
46.56 (8) (a) Referrals to the program may come from any county departments, agencies, school districts, cooperative educational service agencies, county handicapped children's children with disabilities education boards, technical college districts, courts assigned to exercise jurisdiction under chs. 48 and 938 or any other organization or the child with severe disabilities or his or her family may contact the administering agency or service coordination agency to request services.
164,16
Section 16
. 46.56 (8) (g) of the statutes is amended to read:
46.56 (8) (g) The service coordinator shall assemble the results of all prior relevant assessments and evaluations documenting the service needs of the child with severe disabilities and the child's family, including multidisciplinary individualized education program team evaluations under s. 115.80 (3) 115.782 or independent educational evaluations, court-ordered evaluations under s. 48.295 or 938.295, family support program evaluations, community integration program or community options program assessments, and any other available medical, psychiatric, psychological, vocational or developmental evaluations.
164,17
Section 17
. 46.56 (15) (d) of the statutes is amended to read:
46.56 (15) (d) In order to apply for funding, at least one school district, cooperative educational service agency or county handicapped children's children with disabilities education board serving children with severe disabilities in the county must participate in the program.
164,18
Section 18
. 48.14 (7) of the statutes is amended to read:
48.14 (7) Appeals under s. 115.81
115.80 (7).
164,19
Section 19
. 48.345 (intro.) of the statutes is amended to read:
48.345 Disposition of child adjudged in need of protection or services. (intro.) If the judge finds that the child is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan, except that the order may not place any child not specifically found under chs. 46, 49, 51, 115 and 880 to be developmentally disabled, mentally ill or to have exceptional educational needs a disability specified in s. 115.76 (5) in facilities which exclusively treat those categories of children. The dispositions under this section are as follows:
164,20
Section 20
. 48.345 (12) (d) of the statutes is amended to read:
48.345 (12) (d) This subsection does not apply to a child with exceptional educational needs a disability, as defined under s. 115.76 (3) (5).
164,21
Section 21
. 48.428 (3) (e) of the statutes is amended to read:
48.428 (3) (e) The authority to act as the child's parent under ss. 115.80, 115.81 subch. V of ch. 115 and s. 118.125.
164,22
Section 22
. 48.60 (4) of the statutes is amended to read:
48.60 (4) (a) In this subsection, “child with exceptional educational needs a disability" has the meaning given in s. 115.76 (3) (5).
(b) Notwithstanding ss. 115.85 (2), 121.78 (3) (a) and 121.79 (1) (a), a child welfare agency shall pay for the costs incurred by a school district in providing special education and related services to a child with exceptional educational needs a disability who is a resident of the child welfare agency, if the child was placed in the child welfare agency pursuant to the interstate compact on the placement of children under s. 48.988.
164,23
Section 23
. 51.05 (5) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:
51.05 (5) School activities. If an individual over the age of 2 and under the age of 22 and eligible for schooling special education and related services under ss. 115.76 (2) and 115.85 subch. V of ch. 115 is committed, admitted or transferred to or is a resident of the Mendota mental health institute or Winnebago mental health institute, the individual shall attend a school program operated by the applicable mental health institute or a school outside the applicable mental health institute which is approved by the department of public instruction. A school program operated by the Mendota mental health institute or Winnebago mental health institute shall be under the supervision of the department of public instruction and shall meet standards prescribed by that agency.
164,24
Section 24
. 51.06 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:
51.06 (2) School activities. If an individual over the age of 2 years and under the age of 22 years and eligible for schooling special education and related services under ss. 115.76 (2) and 115.85 subch. V of ch. 115 is admitted to, is placed in or is a resident of a center, the individual shall attend a school program operated by the center or a school outside the center which is approved by the department of public instruction. A school program operated by the center shall be under the supervision of the department of public instruction and shall meet standards prescribed by that agency.
164,25
Section 25
. 51.42 (3) (ar) 7. of the statutes is amended to read:
51.42 (3) (ar) 7. Acknowledge receipt of the notification received under s. 115.85 (4) 115.812 (2).
164,26
Section 26
. 51.437 (4m) (g) of the statutes is amended to read:
51.437 (4m) (g) Acknowledge receipt of the notification received under s. 115.85 (4) 115.812 (2).
164,27
Section 27
. 70.11 (10m) of the statutes is amended to read:
70.11 (10m) (title) Lions foundation camps for visually handicapped children with visual impairments. Lands not exceeding 40 acres and the buildings thereon owned by the Wisconsin Lions Foundation and used as camps for visually handicapped children with visual impairments, so long as the property is used for such purposes and not for pecuniary profit of any individual.
164,28
Section 28
. 70.11 (22) of the statutes is amended to read:
70.11 (22) (title) Camps for
handicapped persons with disabilities. Lands not exceeding 10 acres and the buildings thereon owned by the Wisconsin Easter Seal Society for Crippled Children and Adults, Incorporated, and known as Camp Wawbeek, used for camps for physically handicapped children and adults with orthopedic impairments and not to exceed 371 acres of wooded and meadowland adjacent thereto used in connection therewith, excluding a caretaker's home and 10 acres of land in connection therewith, so long as the property is used solely for such purposes and not for pecuniary profit of any individual.
164,29
Section 29
. 79.03 (3) (b) 4. a. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:
79.03 (3) (b) 4. a. “Local general purpose taxes" means the portion of tax increments collected for payment to a municipality under s. 66.46 which is attributable to that municipality's own levy, the portion of environmental remediation tax increments collected for payment to a municipality or county under s. 66.462 that is attributable to that municipality's or county's own levy, general property taxes, excluding taxes for a county handicapped children's children with disabilities education board, collected to finance the general purpose government unit, property taxes collected for sewage and sanitary districts, mobile home fees, the proceeds of county sales and use taxes and municipal and county vehicle registration fees under s. 341.35 (1).
164,30
Section 30
. 79.10 (1) (e) of the statutes is amended to read:
79.10 (1) (e) “School tax levies" means property taxes levied in a municipality for elementary and secondary school districts and for handicapped children's county children with disabilities education board programs under s. 115.86 115.817, net of municipal surplus funds applied against those levies.
164,31
Section 31
. Chapter 115 (title) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:
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.
