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(d) At least annually, inform parents and persons required to make referrals
14under sub. (1) (a) about the agency's referral and evaluation procedures.
SB384-SSA1,29,18
15115.78 Individualized education program team; timeline. (1) 16Definition. In this section, for a child who is attending a public school in a
17nonresident school district under s. 118.51, "local educational agency" means the
18school board of the school district that the child is attending.
SB384-SSA1,29,21
19(1m) Appointment of Team. The local educational agency shall appoint an
20individualized education program team for each child referred to it under s. 115.777.
21Each team shall consist of all of the following:
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(a) The parents of the child.
SB384-SSA1,29,2423
(b) At least one regular education teacher of the child if the child is, or may be,
24participating in a regular educational environment.
SB384-SSA1,30,4
1(c) At least one special education teacher who has extensive and recent training
2and experience related to the child's known or suspected disability as specified in s.
3115.76 (5) (a) or, where appropriate, at least one special education provider of the
4child.
SB384-SSA1,30,85
(d) A representative of the local educational agency who is qualified to provide,
6or supervise the provision of, special education, is knowledgeable about the general
7curriculum and is knowledgeable about and authorized to commit the available
8resources of the local educational agency.
SB384-SSA1,30,109
(e) An individual who can interpret the instructional implications of evaluation
10results, who may be a team participant under pars. (b) to (d) or (f).
SB384-SSA1,30,1311
(f) At the discretion of the parent or the local educational agency, other
12individuals who have knowledge or special expertise about the child, including
13related services personnel as appropriate.
SB384-SSA1,30,1414
(g) Whenever appropriate, the child.
SB384-SSA1,30,16
15(2) Duties of Team. The individualized education program team shall do all of
16the following:
SB384-SSA1,30,1917
(a) Evaluate the child under s. 115.782 to determine the child's eligibility or
18continued eligibility for special education and related services and the educational
19needs of the child.
SB384-SSA1,30,2020
(b) Develop an individualized education program for the child under s. 115.787.
SB384-SSA1,30,2121
(c) Determine the special education placement for the child under s. 115.79.
SB384-SSA1,30,25
22(3) Timeline. (a) The local educational agency shall notify the parents of the
23educational placement of their child within 90 days after the local educational
24agency receives a special education referral for the child under s. 115.777 or initiates
25a reevaluation of the child under s. 115.782 (4).
SB384-SSA1,31,4
1(b) Before the expiration of the 90-day period, if a local educational agency
2needs an extension, it shall inform the child's parent of the need and reasons for an
3extension and request the child's parent to agree in writing to a specific extension of
4time beyond the 90-day period.
SB384-SSA1,31,115
(c) If the parent does not agree to an extension, the local educational agency
6may request an extension from the division. The local educational agency shall
7inform the division of the reasons for the request. The division may grant a specific
8extension of time beyond the 90-day period if the local educational agency shows that
9it has acted in good faith and that there is good cause to grant the extension. If the
10division grants an extension, it shall notify the parent of the extension and the
11reasons for granting it.
SB384-SSA1,31,1612
(d) Subject to pars. (a) to (c), if the parents of the child or the local educational
13agency staff determines at any point during the process of the evaluation,
14development of the individualized education program or placement of the child that
15additional time is needed to permit meaningful parental participation, the local
16educational agency shall provide it.
SB384-SSA1,31,21
17(4) Information. At the beginning of any meeting to address the evaluation,
18individualized education program or placement of a child, the local educational
19agency staff shall inform the child's parents of their right to be provided with
20additional time under sub. (3) (d) and their right to a copy of the evaluation report
21under s. 115.782 (3) (b) or (c).
SB384-SSA1,31,25
22115.782 Evaluations. (1) Notice; consent. (a) The local educational agency
23shall notify the parents of the child, in accordance with s. 115.792, of any evaluation
24procedures the agency proposes to conduct, the qualifications of the individuals who
25will conduct the evaluation and their names, if known.
SB384-SSA1,32,6
1(b) The local educational agency proposing to conduct an initial evaluation
2shall obtain informed consent from the child's parent before the evaluation is
3conducted. Parental consent for the evaluation does not constitute consent for
4placement for receipt of special education and related services. If the child's parents
5do not consent to the evaluation, the local educational agency may continue to pursue
6an evaluation by using the procedures under s. 115.797 or 115.80.
SB384-SSA1,32,117
(
2)
Conduct of evaluation. (a) In conducting the evaluation, the
8individualized education program team shall not use any single procedure as the sole
9criterion for determining whether a child is a child with a disability or for
10determining an appropriate educational program for the child. The individualized
11education program team shall do all of the following:
SB384-SSA1,32,1712
1. Use a variety of assessment tools and strategies to gather relevant functional
13and developmental information, including information provided by the child's
14parent, that may assist in determining whether the child is a child with a disability
15and the content of the child's individualized education program, including
16information related to enabling the child to be involved in and progress in the general
17curriculum or, for preschool children, to participate in appropriate activities.
SB384-SSA1,32,1918
2. Use technically sound instruments that may assess the relative contribution
19of cognitive and behavioral factors, in addition to physical or developmental factors.
SB384-SSA1,32,2020
3. Ensure all of the following:
SB384-SSA1,32,2421
a. That tests and other evaluation materials used to assess a child under this
22section are selected and administered so as not to be racially or culturally
23discriminatory and are provided and administered in the child's native language or
24other mode of communication, unless it is clearly not feasible to do so.
SB384-SSA1,33,4
1b. That any standardized tests that are given to the child have been validated
2for the specific purpose for which they are used, are administered by trained and
3knowledgeable personnel and are administered in accordance with any instructions
4provided by the producer of such tests.
SB384-SSA1,33,55
c. That the child is assessed in all areas of suspected disability.
SB384-SSA1,33,76
d. That assessment tools and strategies that provide relevant information that
7directly assists persons in determining the educational needs of the child are used.
SB384-SSA1,33,118
(b) As part of an initial evaluation of a child and as part of any reevaluation of
9a child under sub. (4), the individualized education program team and other qualified
10professionals, as determined by the local educational agency, shall do all of the
11following:
SB384-SSA1,33,1512
1. Review existing evaluation data on the child, including evaluations and
13information provided by the child's parents, previous interventions and the effects
14of those interventions, current classroom-based assessments and observations, and
15observations by teachers and related services providers.
SB384-SSA1,33,1816
2. On the basis of that review and information provided by the child's parents,
17identify the additional data, if any, that are needed, and the qualifications of the
18evaluators that are needed, to determine all of the following:
SB384-SSA1,33,2019
a. Whether the child has a particular category of disability or, in case of a
20reevaluation of a child, whether the child continues to have such a disability.
SB384-SSA1,33,2121
b. The present levels of performance and educational needs of the child.
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c. Whether the child needs special education and related services, or in the case
23of a reevaluation of a child, whether the child continues to need special education and
24related services.
SB384-SSA1,34,4
1d. Whether any additions or modifications to the special education and related
2services are needed to enable the child to meet the measurable, annual goals
3specified in the child's individualized education program and to participate, as
4appropriate, in the general curriculum.
SB384-SSA1,34,75
(c) The local educational agency shall administer such tests and other
6evaluation materials as may be needed to produce the data identified under par. (b)
72.
SB384-SSA1,34,128
(d) If the child being evaluated is attending a public school in a nonresident
9school district under s. 118.51, as part of its initial evaluation of the child and as part
10of any reevaluation of the child under sub. (4), the individualized education program
11team shall collaborate with appropriate personnel designated by the school board of
12the child's school district of residence.
SB384-SSA1,34,1713
(e) Each individualized education program team participant who administers
14tests, assessments or other evaluation materials as part of an evaluation or
15reevaluation of a child under this section shall prepare and make available to all
16team participants at a team meeting a written summary of the participant's findings
17that will assist with program planning.
SB384-SSA1,34,24
18(3) Determination of eligibility for special education. (a) Upon the
19completion of the administration of tests and other evaluation materials, the
20individualized education program team shall determine whether the child is a child
21with a disability. The individualized education program team may not determine
22that a child is a child with a disability solely because the child has received
23insufficient instruction in reading or math or because the child has limited
24proficiency in English.
SB384-SSA1,35,14
1(b) If the individualized education program team determines that a child is a
2child with a disability, the team shall prepare an evaluation report that includes
3documentation of determination of eligibility. The local educational agency shall ask
4each individualized education program team participant if he or she wants a copy of
5the evaluation report or additional time before the individualized education program
6team develops the child's individualized education program. If any individualized
7education program team participant requests a copy of the evaluation report at any
8point in the process of developing the child's individualized education program or
9considering the child's educational placement, the local educational agency shall
10give a copy of the report to each individualized education program team participant
11before continuing with the process. If no individualized education program team
12participant requests a copy of the evaluation report, the local educational agency
13shall give a copy to the child's parents with the notice of placement under s. 115.792
14(2).
SB384-SSA1,35,2115
(c) If the individualized education program team determines that a child is not
16a child with a disability, the team shall prepare an evaluation report. The report shall
17identify any educational needs of the child and any services offered by the local
18educational agency from which the child may benefit and shall include information
19about any programs and services, other than those offered by the local educational
20agency, that may benefit the child. The local educational agency shall give a copy of
21the evaluation report to the child's parents with the notice under s. 115.792 (1) (b).
SB384-SSA1,35,23
22(4) Reevaluations. (a) A local educational agency shall ensure that the
23individualized education program team does all of the following:
SB384-SSA1,35,2524
1. Evaluates a child with a disability in accordance with this section before
25determining that the child is no longer a child with a disability.
SB384-SSA1,36,3
12. Reevaluates a child with a disability in accordance with this section if the
2local educational agency determines that conditions warrant a reevaluation or if the
3child's parent or teacher requests a reevaluation, but at least once every 3 years.
SB384-SSA1,36,74
(b) The local educational agency shall obtain informed consent from the child's
5parent before reevaluating a child with a disability, except that such consent need
6not be obtained if the local educational agency has taken reasonable measures to
7obtain such consent and the child's parents have failed to respond.
SB384-SSA1,36,158
(c) If the individualized education program team and other qualified
9professionals, as determined by the local educational agency, find under sub. (2) (b)
102. that no additional data are needed to determine whether the child continues to be
11a child with a disability, the local educational agency shall notify the child's parents
12of that finding and the reasons for it and the right of the child's parents to request
13an assessment to determine whether the child continues to be a child with a
14disability. The local educational agency is not required to conduct such an
15assessment unless the child's parents request it.
SB384-SSA1,36,19
16115.787 Individualized education programs. (1) Requirement that
17program be in effect. At the beginning of each school year, each local educational
18agency shall have in effect, for each child with a disability, an individualized
19education program.
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20(2) Required components. An individualized education program shall include
21all of the following:
SB384-SSA1,36,2522
(a) A statement of the child's present level of educational performance,
23including how the child's disability affects the child's involvement and progress in
24the general curriculum or, for a preschool child, as appropriate, how the disability
25affects the child's participation in appropriate activities.
SB384-SSA1,37,5
1(b) A statement of measurable annual goals for the child, including
2benchmarks or short-term objectives, related to meeting the child's needs that result
3from the child's disability to enable the child to be involved in and progress in the
4general curriculum, and to meeting each of the child's other educational needs that
5result from the child's disability.
SB384-SSA1,37,96
(c) A statement of the special education and related services and
7supplementary aids and services to be provided to the child, or on behalf of the child,
8and a statement of the program modifications or supports for school personnel that
9will be provided for the child to do all of the following:
SB384-SSA1,37,1010
1. Advance appropriately toward the annual goals.
SB384-SSA1,37,1211
2. Be involved and progress in the general curriculum in accordance with par.
12(a) and participate in extracurricular and other nonacademic activities.
SB384-SSA1,37,1413
3. Be educated and participate with other children with disabilities and
14nondisabled children in the activities described in this subsection.
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(d) An explanation of the extent to which the child will not participate with
16nondisabled children in regular classes, in the general curriculum and in
17extracurricular and other nonacademic activities.
SB384-SSA1,37,2018
(e) 1. A statement of any individual modifications in the administration of any
19statewide or local educational agency-wide assessment of pupil achievement that
20are needed for the child to participate in the assessment.
SB384-SSA1,37,2521
2. If the individualized education program team determines that a child will
22not participate in a particular statewide or local educational agency-wide
23assessment of pupil achievement, or part of such an assessment, a statement of why
24that assessment is not appropriate for the child and how the child will be assessed
25through alternative means.
SB384-SSA1,38,3
1(f) The projected date for the beginning of the services and modifications
2described in par. (c) and the anticipated frequency, location and duration of those
3services and modifications.
SB384-SSA1,38,84
(g) 1. Beginning when the child attains the age of 14, and annually thereafter
5until the child is no longer eligible for special education and related services, a
6statement identifying the courses of study needed to prepare the child for a
7successful transition to his or her goals for life after secondary school, such as
8participation in advanced placement courses or a vocational education program.
SB384-SSA1,38,149
2. Beginning when the child attains the age of 16, or earlier if that is
10determined to be appropriate by the individualized education program team, and
11annually thereafter until the child is no longer eligible for special education and
12related services, a statement of the needed transition services of the child, including,
13when appropriate, a statement of the interagency responsibilities or any cooperative
14arrangements between and among persons.
SB384-SSA1,38,1815
3. Beginning at least one year before the child attains the age of 18, and
16annually thereafter until the child is no longer eligible for special education and
17related services, a statement that the child has been informed of the parental rights
18that will transfer to the child on reaching the age of 18 under s. 115.807.
SB384-SSA1,38,1919
(h) A statement of all of the following:
SB384-SSA1,38,2120
1. How the child's progress toward the annual goals described in par. (b) will
21be measured.
SB384-SSA1,39,222
2. How the child's parents will be regularly informed, at least as often as
23parents are informed of their nondisabled children's progress, of their child's
24progress toward the annual goals and the extent to which that progress is sufficient
1to enable the child to achieve the goals by the end of the effective period of the
2individualized education program.
SB384-SSA1,39,6
3(3) Development. (a) In developing each child's individualized education
4program, the individualized education program team shall consider the strengths of
5the child, the concerns of the child's parents for enhancing the education of their child
6and the results of the initial evaluation or most recent reevaluation of the child.
SB384-SSA1,39,77
(b) The individualized education program team shall do all of the following:
SB384-SSA1,39,108
1. In the case of a child whose behavior impedes his or her learning or that of
9others consider, when appropriate, strategies, including positive behavioral
10interventions, and supports to address that behavior.
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2. In the case of a child with limited English proficiency, consider the language
12needs of the child as such needs relate to the child's individualized education
13program.
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3. In the case of a child who is visually impaired, provide for instruction in
15Braille and the use of Braille unless the individualized education program team
16determines, after an evaluation of the child's reading and writing skills, needs and
17appropriate reading and writing media, including an evaluation of the child's future
18needs for instruction in Braille or the use of Braille, that instruction in Braille or the
19use of Braille is not appropriate for the child.
SB384-SSA1,39,2520
4. Consider the communicative needs of the child, and, in the case of a child who
21is hearing impaired, consider the child's language and communicative needs,
22opportunities for direct communications with peers and professional personnel in
23the child's language and communicative mode, academic level and full range of
24needs, including opportunities for direct instruction in the child's language and
25communicative mode.
SB384-SSA1,40,2
15. Consider whether the child requires assistive technology devices and
2services.
SB384-SSA1,40,83
(c) The regular education teacher of the child, as a participant on the
4individualized education program team, shall, to the extent appropriate, participate
5in the development of the individualized education program of the child, including
6the determination of appropriate positive behavioral interventions and strategies
7and the determination of supplementary aids and services, program modifications
8and support for school personnel.
SB384-SSA1,40,139
(d) If a child is attending a public school in a nonresident school district under
10s. 118.51, the individualized education program team for the child shall develop the
11child's individualized education program in collaboration with appropriate
12personnel designated by the school board of the school district in which the child
13resides.
SB384-SSA1,40,1614
(e) The local educational agency shall give a copy of the child's individualized
15education program to the child's parents with the notice of placement under s.
16115.792 (2).
SB384-SSA1,40,18
17(4) Review and revision. (a) The individualized education program team shall
18do all of the following:
SB384-SSA1,40,2019
1. Review the child's individualized education program periodically, but at least
20annually, to determine whether the annual goals for the child are being achieved.
SB384-SSA1,40,2221
2. Revise the individualized education program as appropriate to address all
22of the following:
SB384-SSA1,40,2423
a. Any lack of expected progress toward the annual goals and in the general
24curriculum.
SB384-SSA1,40,2525
b. The results of any reevaluation conducted under s. 115.782.
SB384-SSA1,41,2
1c. Information about the child provided to or by the child's parents, as described
2in s. 115.782.
SB384-SSA1,41,33
d. The child's anticipated needs.
SB384-SSA1,41,44
e. Other matters.
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(b) The regular education teacher of the child, as a participant on the
6individualized education program team, shall, to the extent appropriate, participate
7in the review and revision of the individualized education program of the child.
SB384-SSA1,41,12
8(5) Failure to meet transition objectives. If a participating agency, other than
9the local educational agency, fails to provide transition services in accordance with
10sub. (2) (g) 2., the local educational agency shall reconvene the individualized
11education program team to identify alternative strategies to meet the transition
12objectives for the child set out in the individualized education program.
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13(6) Children with disabilities in state prisons. (a) 1. The requirements
14relating to participation of children with disabilities in general assessments under
15sub. (2) (e) do not apply to a child with a disability who is convicted of a crime under
16state law and incarcerated in a state prison.
SB384-SSA1,41,2117
2. The requirements relating to transition planning and transition services
18under sub. (2) (g) 1. and 2. do not apply with respect to a child with a disability who
19is convicted of a crime under state law and incarcerated in a state prison and whose
20eligibility under this subchapter will end, because of his or her age, before he or she
21will be released from prison.
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(b) If a child with a disability is convicted of a crime and incarcerated in a state
23prison, the child's individualized education program team may modify the child's
24individualized education program or placement notwithstanding the requirements
25of sub. (1) and s. 115.79 (1) if the department of corrections has demonstrated a bona
1fide security or compelling penological interest that cannot otherwise be
2accommodated.
SB384-SSA1,42,6
3(7) Construction. Nothing in this section requires the individualized
4education program team to include information under one component of a child's
5individualized education program that is already contained under another
6component of the individualized education program.