Amendment ASA1-AB674

AB674-ASA1,9,5 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).

AB674-ASA1, s. 21 Section 21. 48.428 (3) (e) of the statutes is amended to read:

AB674-ASA1,9,8 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.

AB674-ASA1, s. 22 Section 22. 48.60 (4) of the statutes is amended to read:

AB674-ASA1,9,11 48.60 (4) (a) In this subsection, "child with exceptional educational needs a disability" has the meaning given in s. 115.76 (3) (5).

AB674-ASA1,9,17 (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.

AB674-ASA1, s. 23 Section 23. 51.05 (5) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB674-ASA1,9,25 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.

AB674-ASA1, s. 24 Section 24. 51.06 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB674-ASA1,10,14 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.

AB674-ASA1, s. 25 Section 25. 51.42 (3) (ar) 7. of the statutes is amended to read:

AB674-ASA1,10,17 51.42 (3) (ar) 7. Acknowledge receipt of the notification received under s. 115.85 (4) 115.812 (2).

AB674-ASA1, s. 26 Section 26. 51.437 (4m) (g) of the statutes is amended to read:

AB674-ASA1,10,20 51.437 (4m) (g) Acknowledge receipt of the notification received under s. 115.85 (4) 115.812 (2).

AB674-ASA1, s. 27 Section 27. 70.11 (10m) of the statutes is amended to read:

AB674-ASA1,11,2 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.

AB674-ASA1, s. 28 Section 28. 70.11 (22) of the statutes is amended to read:

AB674-ASA1,11,11 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.

AB674-ASA1, s. 29 Section 29. 79.03 (3) (b) 4. a. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB674-ASA1,11,23 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).

AB674-ASA1, s. 30 Section 30. 79.10 (1) (e) of the statutes is amended to read:

AB674-ASA1,12,4 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.

AB674-ASA1, s. 31 Section 31. Chapter 115 (title) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB674-ASA1,12,7 CHAPTER 115

AB674-ASA1,12,11 state superintendent; GENERAL CLASSIFICATIONS AND DEFINITIONS; HANDICAPPED CHILDREN with disabilities

AB674-ASA1, s. 32 Section 32. 115.001 (15) of the statutes is created to read:

AB674-ASA1,12,14 115.001 (15) "State superintendent" means the state superintendent of public instruction.

AB674-ASA1, s. 33 Section 33. 115.28 (3) of the statutes is amended to read:

AB674-ASA1,12,18 115.28 (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.

AB674-ASA1, s. 34 Section 34. 115.28 (7) (c) of the statutes is amended to read:

AB674-ASA1,12,23 115.28 (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).

AB674-ASA1, s. 35 Section 35. 115.28 (11) of the statutes is amended to read:

AB674-ASA1,13,8 115.28 (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.

AB674-ASA1, s. 36 Section 36. 115.28 (13) of the statutes is amended to read:

AB674-ASA1,13,15 115.28 (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.

AB674-ASA1, s. 37 Section 37. 115.28 (19) (a) of the statutes is repealed.

AB674-ASA1, s. 38 Section 38. 115.28 (19) (b) of the statutes is renumbered 115.28 (19).

AB674-ASA1, s. 39 Section 39. 115.29 (5) of the statutes is amended to read:

AB674-ASA1,13,23 115.29 (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.

AB674-ASA1, s. 40 Section 40. 115.362 (4) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB674-ASA1,14,5 115.362 (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.

AB674-ASA1, s. 41 Section 41. 115.37 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB674-ASA1,14,19 115.37 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.

AB674-ASA1, s. 42 Section 42. Subchapter III of chapter 115 (title) [precedes 115.51] of the statutes is amended to read:

AB674-ASA1,14,22 Chapter 115

AB674-ASA1,14,25 SUBCHAPTER III STATE SCHOOLS AND SCHOLARSHIPS FOR THE HANDICAPPED

AB674-ASA1, s. 43 Section 43. 115.51 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB674-ASA1,15,5 115.51 (1) "Blind" includes persons visually handicapped with visual impairments, as determined by competent medical authority with the approval of the state superintendent.

AB674-ASA1, s. 44 Section 44. 115.52 (1) of the statutes is amended to read:

AB674-ASA1,15,11 115.52 (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.

AB674-ASA1, s. 45 Section 45. 115.52 (5) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB674-ASA1,15,20 115.52 (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.

AB674-ASA1, s. 46 Section 46. 115.52 (7) of the statutes is amended to read:

AB674-ASA1,16,2 115.52 (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.

AB674-ASA1, s. 47 Section 47. 115.53 (2) of the statutes is amended to read:

AB674-ASA1,16,10 115.53 (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.

AB674-ASA1, s. 48 Section 48. 115.55 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB674-ASA1,16,20 115.55 (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.

AB674-ASA1, s. 49 Section 49. 115.74 (1) (a) 3. of the statutes is amended to read:

AB674-ASA1,16,24 115.74 (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.

AB674-ASA1, s. 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:

AB674-ASA1,17,3 CHAPTER 115

AB674-ASA1,17,5 SUBCHAPTER V children with disabilities

AB674-ASA1,17,7 115.758 Construction. To the extent possible, this subchapter shall be construed in a manner that is consistent with 20 USC 1400 to 1487.

AB674-ASA1,17,8 115.76 Definitions. In this subchapter:

AB674-ASA1,17,11 (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.

AB674-ASA1,17,14 (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:

AB674-ASA1,17,16 (a) The evaluation of the needs of the child, including a functional evaluation of the child in the child's customary environment.

AB674-ASA1,17,18 (b) Purchasing, leasing or otherwise providing for the acquisition of assistive technology devices by the child.

AB674-ASA1,17,20 (c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing of assistive technology devices.

AB674-ASA1,17,23 (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.

AB674-ASA1,17,25 (e) Training or technical assistance for the child or, where appropriate, the child's family.

AB674-ASA1,18,4 (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.

AB674-ASA1,18,6 (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.

AB674-ASA1,18,8 (4) "Child caring institution" means a child welfare agency licensed under s. 48.60.

AB674-ASA1,18,10 (5) (a) "Child with a disability" means a child who, by reason of any of the following, needs special education and related services:

AB674-ASA1,18,11 1. Cognitive disabilities.

AB674-ASA1,18,12 2. Hearing impairments.

AB674-ASA1,18,13 3. Speech or language impairments.

AB674-ASA1,18,14 4. Visual impairments.

AB674-ASA1,18,15 5. Emotional disturbance.

AB674-ASA1,18,16 6. Orthopedic impairments.

AB674-ASA1,18,17 7. Autism.

AB674-ASA1,18,18 8. Traumatic brain injury.

AB674-ASA1,18,19 9. Other health impairments.

AB674-ASA1,18,20 10. Learning disabilities.

AB674-ASA1,18,23 (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.

AB674-ASA1,18,25 (6) "Division" means the division for learning support, equity and advocacy in the department.

AB674-ASA1,19,5 (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.