AB674-ASA1,51,224
(h) No adverse inference may be drawn by any hearing officer or adjudicative
25body from the fact that a party did not consent to mediation, that a mediator or party
1withdrew from mediation or that mediation did not result in settlement of the
2dispute.
AB674-ASA1,51,7
3(6) Agreements. If the parties resolve the dispute or a portion of the dispute,
4or agree to use another procedure to resolve the dispute, the mediator shall ensure
5that the resolution or agreement is reduced to writing, that it is signed by the parties
6and that a copy is given to each party. The resolution or agreement is legally binding
7upon the parties.
AB674-ASA1,51,10
8(7) Mediator compensation. (a) The division shall establish a schedule for the
9compensation of mediators and the reimbursement of their expenses. The
10department shall pay mediators from the appropriation under s. 20.255 (1) (me).
AB674-ASA1,51,1311
(b) If the parties agree that the amount of compensation paid to a mediator
12should be greater than the schedule under par. (a) allows, the additional
13compensation is the responsibility of the parties.
AB674-ASA1,51,1514
(c) If the parties have agreed to mediation by a mediator who is not on the roster
15under sub. (4), the mediator's compensation is the responsibility of the parties.
AB674-ASA1,51,21
16(8) Program evaluation. The division may require that mediators, and may
17request that parties, participate in the evaluation of the mediation program. The
18division shall ensure that mediators and parties may participate in evaluating the
19program without being required to identify themselves or the other mediation
20participants. The division may not disclose a party's or mediator's evaluation to any
21other mediation participant without the party's or mediator's consent.
AB674-ASA1,51,25
22(9) Contract for services. The department may contract with a private,
23nonprofit agency to administer the mediation program under this section or for
24mediator training or other services, including outreach and promotion, related to the
25administration of the program.
AB674-ASA1,52,6
1115.80 Due process hearings. (1) (a) 1. A parent, or the attorney
2representing the child, may file a written request with the division for a hearing
3whenever the local educational agency proposes or refuses to initiate or change his
4or her child's evaluation, individualized education program, educational placement
5or the provision of a free appropriate public education. The division shall develop a
6model form to assist parents in filing a request under this subdivision.
AB674-ASA1,52,127
2. The parent, or the attorney representing the child, shall include in the
8request under subd. 1. the name of the child, the address of the residence of the child,
9the name of the school the child is attending, a description of the nature of the
10problem of the child relating to the proposed or refused initiation or change,
11including facts relating to the problem, and a proposed resolution of the problem to
12the extent known and available to the parents at the time.
AB674-ASA1,52,1613
(b) A local educational agency may file a written request with the division for
14a hearing to override a parent's refusal to grant consent for an initial evaluation, a
15reevaluation or an initial educational placement or to contest the payment of an
16independent educational evaluation.
AB674-ASA1,52,1817
(c) A parent, the attorney representing the child or a local educational agency
18may file a written request for a hearing as provided in
20 USC 1415 (k).
AB674-ASA1,52,2119
(d) Upon receiving a request for a hearing, the division shall give to the child's
20parents a copy of the procedural safeguards available to the parents under s. 115.792
21and under federal regulations.
AB674-ASA1,53,2
22(2) The division shall maintain a list of qualified hearing officers who are not
23employed by or under contract with the department or the local educational agency,
24other than being appointed under this subsection, to serve as hearing officers in
1hearings under this section. Upon receipt of a written request for a hearing under
2sub. (1), the division shall appoint a hearing officer from the list.
AB674-ASA1,53,9
3(3) Any party to a hearing conducted under this section may be accompanied
4and advised by counsel and by individuals with special knowledge or training with
5respect to the problems of children with disabilities and may present evidence and
6confront, cross-examine and compel the attendance of witnesses. A party shall be
7provided with written or, at the option of the child's parents, electronic findings of
8facts and decisions, and, upon request, a written or, at the option of the child's
9parents, an electronic, verbatim record of the hearing.
AB674-ASA1,53,16
10(4) At least 5 business days before a hearing is conducted under this section,
11other than an expedited hearing under
20 USC 1415 (k), each party shall disclose to
12all other parties all evaluations completed by that date and recommendations based
13on the offering party's evaluations that the party intends to use at the hearing. The
14hearing officer may bar any party that fails to comply with this subsection from
15introducing the relevant evaluation or recommendation at the hearing without the
16consent of the other party.
AB674-ASA1,54,4
17(5) A hearing officer may administer oaths and affirmations, issue subpoenas
18and enforce subpoenas under ss. 885.01 (4) and 885.12, regulate the course of the
19hearing and hold conferences for the settlement or simplification of the issues. The
20hearing officer is not bound by common law or statutory rules of evidence. The
21hearing officer shall admit all testimony having reasonable probative value, but
22shall exclude immaterial, irrelevant or unduly repetitious testimony. The hearing
23officer shall give effect to the rules of privilege recognized by law. A hearing officer
24has the authority to issue an order consistent with this subchapter and
20 USC 1415 25(k) and to order whatever remedy is reasonably necessary to bring the parties into
1compliance with this subchapter. The hearing officer's decision shall consist of
2findings of fact and conclusions of law and shall be based upon a preponderance of
3the evidence. The findings of fact shall be based solely upon the evidence received
4at the hearing.
AB674-ASA1,54,11
5(6) The hearing officer shall issue a decision within 45 days after the receipt
6of the request for the hearing under sub. (1). The hearing officer may order an
7independent educational evaluation of the child at local educational agency expense
8and grant specific extensions of time for cause at the request of either party. If the
9hearing officer grants an extension of time, he or she shall include that extension and
10the reason for the extension in the record of the proceedings. The local educational
11agency shall pay the cost of the hearing.
AB674-ASA1,54,19
12(7) Any party aggrieved by the decision of the hearing officer may bring a civil
13action in the circuit court for the county in which the child resides or in a U.S. district
14court. An action filed in circuit court shall be commenced within 45 days after service
15of the decision of the hearing officer. In any action brought under this subsection,
16the court shall receive the records of the administrative proceedings, shall hear
17additional evidence at the request of a party and, basing its decision on the
18preponderance of the evidence, shall grant such relief as the court determines is
19appropriate. Sections 227.52 to 227.58 do not apply to actions under this subsection.
AB674-ASA1,55,2
20(8) Except as provided in
20 USC 1415 (k), during the pendency of any
21proceedings under this section, the local educational agency may not change the
22educational placement of a child unless the child's parents agree to the change. If
23the child is applying for initial admission to a public school, the child shall, with the
24consent of the child's parents, be placed in the public school program until all
25proceedings under this section have been completed. In this subsection, "local
1educational agency" includes the nonresident school district that a child is attending
2under s. 118.51.
AB674-ASA1,55,5
3(9) (a) Subject to par. (b), a circuit court may award reasonable attorney fees
4and actual costs to the parents of a child with a disability who is the prevailing party
5in any action or proceeding brought in circuit court under this section.
AB674-ASA1,55,76
(b) 1. Fees and costs may not be awarded under par. (a) for services performed
7after a written offer of settlement to a parent if all of the following apply:
AB674-ASA1,55,98
a. The offer is made within the time prescribed by s. 807.01 for actions in circuit
9court and at least 11 days before the hearing begins for administrative hearings.
AB674-ASA1,55,1010
b. The offer is not accepted within 10 days.
AB674-ASA1,55,1211
c. The court or hearing officer finds that the relief granted to the parents is not
12more favorable to the parents than the offer of settlement.
AB674-ASA1,55,1613
2. Fees and costs may not be awarded under par. (a) if they relate to any meeting
14of the individualized education program team unless the meeting is convened as a
15result of an administrative hearing or judicial action, or for mediation under s.
16115.797 that is conducted before filing a request for a hearing under sub. (1).
AB674-ASA1,55,1917
(c) Notwithstanding par. (b), fees and costs may be awarded under par. (a) to
18a parent who is the prevailing party and whose rejection of a settlement offer was
19substantially justified.
AB674-ASA1,55,2120
(d) 1. Except as provided in subd. 2., whenever the court finds any of the
21following it shall reduce the amount of the fees awarded under par. (a):
AB674-ASA1,55,2322
a. During the course of the action, the parent unreasonably protracted the final
23resolution of the controversy.
AB674-ASA1,55,2524
b. The attorney representing the parent did not provide to the division the
25information specified in sub. (1) (a) 2.
AB674-ASA1,56,3
12. A court may not reduce the amount of the fees awarded under par. (a) if it
2finds that the state or a local educational agency unreasonably protracted the final
3resolution of the controversy or violated this subchapter.
AB674-ASA1,56,5
4(10) Sections 227.44 to 227.50 do not apply to hearings conducted under this
5section.
AB674-ASA1,56,8
6115.807 Transfer of parental rights at age of majority. When a child with
7a disability, other than a child with a disability who has been determined to be
8incompetent under ch. 880, reaches the age of 18, all of the following apply:
AB674-ASA1,56,10
9(1) The local educational agency shall provide any notice required by this
10subchapter to both the individual and the individual's parents.
AB674-ASA1,56,12
11(2) All other rights accorded to the individual's parents under this subchapter
12transfer to the individual.
AB674-ASA1,56,14
13(3) The local educational agency shall notify the individual and the individual's
14parents of the transfer of rights.
AB674-ASA1,56,16
15115.81 Children in child caring institutions. (1) Definitions. In this
16section:
AB674-ASA1,56,1817
(a) "County department" means a county department under s. 46.215, 46.22 or
1846.23.
AB674-ASA1,56,2119
(b) "Originating local educational agency" means the local educational agency
20that was responsible for providing a free, appropriate public education to the child
21before the placement of the child in a child caring institution.
AB674-ASA1,56,24
22(2) Establishment of program. Subject to the approval of the division, a child
23caring institution may establish and maintain special education and related services
24for children with disabilities.
AB674-ASA1,57,4
1(3) Referral. (a) Whenever a county department recommends to a court that
2a child be placed in a child caring institution or whenever a state agency anticipates
3placing a child in a child caring institution, the county department or state agency
4shall notify the originating local educational agency.
AB674-ASA1,57,65
(b) For each child identified in a notice under par. (a), the originating local
6educational agency shall do all of the following:
AB674-ASA1,57,107
1. If the child is a child with a disability, as soon as reasonably possible and after
8consulting with a county department or a state agency, as appropriate, appoint an
9individualized education program team to review and revise, if necessary, the child's
10individualized education program and develop an educational placement offer.
AB674-ASA1,57,1111
2. If the child has not been identified as a child with a disability:
AB674-ASA1,57,1412
a. Appoint staff to review the child's education records and develop a status
13report for the child and send a copy of the report to the county department or state
14agency, as appropriate, within 30 days after receiving the notice under par. (a).
AB674-ASA1,57,2415
b. If the originating local educational agency has reasonable cause to believe
16that the child is a child with a disability, appoint an individualized education
17program team to conduct an evaluation of the child under s. 115.782. The originating
18local educational agency may include appropriately licensed staff of the child caring
19institution in the team if that staff is available. The individualized education
20program team shall conduct the evaluation. If the individualized education program
21team determines that the child is a child with a disability, the individualized
22education program team, in consultation with a county department or a state agency,
23as appropriate, shall develop an individualized education program and an
24educational placement offer.
AB674-ASA1,58,3
1(4) Responsibility for educational placement. Whenever the originating local
2educational agency offers an educational placement in a child caring institution
3under sub. (3) (b) 1. or 2. b., all of the following apply:
AB674-ASA1,58,44
(a) The originating local educational agency shall do all of the following:
AB674-ASA1,58,55
1. Ensure that the child receives a free appropriate public education.
AB674-ASA1,58,76
2. Ensure that the child's treatment and security needs are considered when
7determining the least restrictive environment for the child.
AB674-ASA1,58,108
3. While the child resides at a child caring institution, appoint an
9individualized education program team to conduct reevaluations of the child in the
10manner provided under s. 115.782 (4).
AB674-ASA1,58,1511
4. While the child resides at a child caring institution, after consulting with the
12child caring institution and a county department or a state agency, as appropriate,
13refer the child to another local educational agency if the originating local educational
14agency determines that the child's special education needs may be appropriately
15served in a less restrictive setting in the other local educational agency.
AB674-ASA1,58,1816
5. If the child is leaving the child caring institution, assign staff or an
17individualized education program team to develop a reintegration plan for the child
18in cooperation with a county department and staff of the child caring institution.
AB674-ASA1,58,2019
(b) The county department or state agency, as appropriate, shall do all of the
20following:
AB674-ASA1,58,2221
1. Consider the child's educational needs when selecting a child caring
22institution for the child.
AB674-ASA1,59,223
2. In cooperation with the originating local educational agency and staff of the
24child caring institution, participate in the individualized education program team
1evaluation of the child and the development of the individualized education program
2for the child.
AB674-ASA1,59,53
3. Notify the local educational agency that will be responsible for providing a
4free, appropriate public education to the child whenever the county department or
5state agency anticipates removing the child from the child caring institution.
AB674-ASA1,59,86
4. In cooperation with the originating local educational agency and staff of the
7child caring institution, develop a reintegration plan for the child if the child is
8leaving the child caring institution.
AB674-ASA1,59,109
5. Pay all of the child caring institution related costs of educating the child
10while the child resides in the child caring institution.
AB674-ASA1,59,2011
(c) Whenever a local educational agency receives a referral under par. (a) 4., the
12local educational agency shall assign staff to determine whether the child can
13appropriately receive special education and related services provided in the local
14educational agency. If the assigned staff determine that the child can appropriately
15receive special education and related services in the local educational agency, the
16local educational agency shall provide such services for the child and is eligible for
17state tuition payments under s. 121.79 (1) (a). If the assigned staff determine that
18the child cannot appropriately receive special education and related services in the
19local educational agency, the local educational agency shall keep a written record of
20the reasons for that determination.
AB674-ASA1,59,22
21115.812 Placement disputes; school board referrals; interagency
22cooperation.
AB674-ASA1,60,4
23(1) Placement disputes. If a dispute arises between a local educational agency
24and the department of health and family services, the department of corrections or
25a county department under s. 46.215, 46.22 or 46.23, or between local educational
1agencies under s. 115.81 (4) (c), over the placement of a child, the state
2superintendent shall resolve the dispute. This subsection applies only to placements
3in nonresidential educational programs made under s. 48.57 (1) (c) and to placements
4in child caring institutions made under s. 115.81.
AB674-ASA1,60,11
5(2) School board referrals. Annually on or before August 15, each local
6educational agency shall report to the appropriate county departments under ss.
751.42 and 51.437 the names of children who reside in the local educational agency,
8are at least 16 years of age, are not expected to be enrolled in an educational program
92 years from the date of the report and may require services described under s. 51.42
10or 51.437 (1). This subsection does not affect a local educational agency's
11responsibility to make services available to children with disabilities.
AB674-ASA1,60,17
12(3) Interagency cooperation. (a) A school board, cooperative educational
13service agency and county children with disabilities education board may enter into
14an agreement with a county administrative agency, as defined in s. HFS 90.03 (10),
15Wis. adm. code, to allow the employes of the school board, agency or county children
16with disabilities education board to participate in the performance of evaluations
17and the development of individualized family service plans under s. 51.44.
AB674-ASA1,60,1918
(b) 1. In this paragraph, "public agency" has the meaning given in s. 166.20 (1)
19(i), except that it excludes a local educational agency.
AB674-ASA1,61,220
2. If a public agency that is required by federal or state law or by an interagency
21agreement to provide or pay for the location, identification or evaluation of a child
22with a disability, including a child with a disability who is not yet 3 years of age, or
23for assistive technology devices or services, supplementary aids or services,
24transition services or special education or related services for a child with a
25disability, and fails to do so, the local educational agency shall provide or pay for the
1services. The public agency shall reimburse the local educational agency for the cost
2of providing the services.
AB674-ASA1,61,4
3115.817 Children with disabilities education board. (1) Definitions. In
4this section "board" means the county children with disabilities education board.
AB674-ASA1,61,7
5(2) Establishment. (a) A county board of supervisors may determine to
6establish a special education program, including the provision of related services for
7children with disabilities, for school districts in the county.
AB674-ASA1,61,98
(b) The program may provide for one or more special schools, classes, treatment
9or instruction centers for children with one or more types of disabilities.
AB674-ASA1,61,1110
(c) A school district shall be included under the county program only to the
11extent approved by formal action of the school board.
AB674-ASA1,61,22
12(3) Organization. (a) The board shall consist of 3 or more persons, as
13determined by the county board of supervisors, elected by the county board or
14appointed by the chairperson of the county board, as the rules of the county board
15direct. Board members shall be electors selected from that part of the county
16participating in the program and shall be representative of the area the board serves.
17The board may include school board members, members of the county board of
18supervisors and other electors. Board members shall hold office for a term of 3 years,
19except that the terms of office of members of the first board shall be 3 years, 2 years
20and one year. Board members shall receive compensation and reimbursement for
21mileage in an amount fixed by the county board of supervisors, but not more than
22that of county board members.
AB674-ASA1,61,2523
(b) The board annually shall select one member as chairperson and one as
24secretary. The county treasurer shall serve as board treasurer but shall not be a
25member of the board.
AB674-ASA1,62,2
1(c) The board shall appoint an advisory committee whose membership includes
2school district administrators representative of the area the board serves.
AB674-ASA1,62,7
3(4) Application. Upon authorization of the county board, the board shall apply
4to the division for the establishment of a program or part of a program to provide
5special education and related services. The application shall state whether the
6program or part will be available in the county at large or only to certain school
7districts.
AB674-ASA1,62,15
8(5) Board duties. (a) The board shall have charge of all matters pertaining to
9the organization, equipment, operation and maintenance of such programs and may
10do all things necessary to perform its functions, including the authority to erect
11buildings subject to county board approval and employ teachers and other personnel.
12The board shall prepare an annual budget, which shall be subject to approval of the
13county board under s. 65.90 unless a resolution is adopted under sub. (9) (c), and shall
14include funds for the hiring of staff, the purchase of materials, supplies and
15equipment and the operation and maintenance of buildings or classrooms.
AB674-ASA1,62,1816
(b) 1. At the close of each fiscal year, the board shall employ a licensed
17accountant to audit its accounts and certify the audit. The cost of the audit shall be
18paid from board funds.
AB674-ASA1,62,2019
3. The department shall establish by rule a standard contract and minimum
20standards for audits performed under this paragraph.
AB674-ASA1,62,2521
(c) If the county board of supervisors establishes an integrated service program
22for children with severe disabilities under s. 59.53 (7), the county children with
23disabilities education board shall participate in an integrated service program for
24children with severe disabilities under s. 59.53 (7), and may enter into written
25interagency agreements or contracts under the program.
AB674-ASA1,63,9
1(d) Annually by October 1, the board and the school boards of the school
2districts participating in the county program shall submit a report to the state
3superintendent that specifies the portion of each school day that each pupil enrolled
4in the county program who is also enrolled in the school district of the pupil's
5residence spent in county program classes in the previous school year and the portion
6of the school day that the pupil spent in school district classes in the previous school
7year. The state superintendent shall develop guidelines for a full-time equivalency
8methodology. The state superintendent is not required to promulgate the guidelines
9as rules.
AB674-ASA1,63,11
10(6) Assignment of functions. (a) The board may not assign by resolution or
11by contract the full administrative or instructional services of the board.
AB674-ASA1,63,1512
(b) The ability of the board to contract with the board of control of a cooperative
13educational service agency, a school board or other public agency in the county for
14a portion of administrative or instructional services is not prohibited by par. (a). The
15board shall be responsible for all programs contracted under this paragraph.
AB674-ASA1,64,2
16(7) Withdrawal and dissolution. (a) The school board of any school district
17that is included under the administration of a board may withdraw from
18participation in any part of the program only with the approval of the state
19superintendent after conference with the board and a determination by the state
20superintendent that such withdrawal is in the interest of the program in the county
21and the school district affected. Such withdrawal shall be effective only if the school
22board has the approval of the division to establish an equivalent part of a program.
23Such withdrawal shall be effective either December 31 or June 30 provided that 12
24months' notice has been given to the board. The withdrawing school district shall
25be liable for its proportionate share of all operating costs until its withdrawal
1becomes effective, shall continue to be liable for its share of debt incurred while it was
2a participant and shall receive no share in the assets.
AB674-ASA1,64,73
(b) A program established under this section may be dissolved by action of the
4county board, but such dissolution shall not take place until the end of the school
5term in which the action was taken. When a program is dissolved, assets and
6liabilities shall be distributed under s. 66.03 to all units which participated in the
7program.
AB674-ASA1,64,16
8(8) Transportation. The board may promulgate a plan for the transportation
9at county expense of children who are receiving special education and related
10services under this section, special education and related services provided at day
11care centers or special education and related services provided by a private
12organization within whose attendance area the child resides and which is situated
13not more than 5 miles beyond the boundaries of the area the board serves, as
14measured along the usually traveled route. The plan, upon approval of the state
15superintendent, shall govern the transportation of such children. Any such plan for
16transportation during the school term supersedes ss. 115.88 and 121.54 (3).
AB674-ASA1,64,19
17(9) Area taxed. (a) The tax for the operation and maintenance of each part of
18a special education program and for the transportation of children under sub. (8)
19shall be levied against the area of the county participating in the part of the program.
AB674-ASA1,64,2320
(b) Beginning July 1, 1981, no board, except a board that has constructed or
21acquired building facilities, may continue to operate under this section if the area
22taxed under par. (a) constitutes less than 50% of the full value of taxable property
23within the county.
AB674-ASA1,65,724
(c) Upon the adoption of a resolution by a majority of the school boards that are
25located in whole or in part in the county and are participating in the county program
1under sub. (2) (c), this subsection shall not apply commencing on the effective date
2of the resolution. A resolution adopted under this paragraph between January 1 and
3June 30 in any year shall be effective on January 1 of the year commencing after its
4adoption. A resolution adopted under this paragraph between July 1 and December
531 in any year shall be effective on January 1 of the 2nd year commencing after its
6adoption. In the year in which the resolution is effective, the county budget under
7s. 59.60 or 65.90 shall include a line item for the special education program.
AB674-ASA1,65,10
8(10) State aids. (a) The board may apply for and receive the state aid under
9ss. 115.88 and 121.41 (1) for the transportation, board and lodging, treatment and
10instruction of children participating in programs under this section.
AB674-ASA1,65,1311
(b) The board may apply for and receive the state aid under ss. 121.135 and
12121.14. This paragraph does not apply beginning on the effective date of a resolution
13adopted under sub. (9) (c).
AB674-ASA1,65,1514
(c) All state aid shall be paid to the county treasurer and credited to the fund
15of the board.