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(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.
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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:
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(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.
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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.
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(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:
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1. Advance appropriately toward the annual goals.
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2. Be involved and progress in the general curriculum in accordance with par.
12(a) and participate in extracurricular and other nonacademic activities.
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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.
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(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.
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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.
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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.
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(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.
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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.
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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.
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(h) A statement of all of the following:
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1. How the child's progress toward the annual goals described in par. (b) will
21be measured.
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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.
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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.
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(b) The individualized education program team shall do all of the following:
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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.
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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.
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15. Consider whether the child requires assistive technology devices and
2services.
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(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.
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(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.
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(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).
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17(4) Review and revision. (a) The individualized education program team shall
18do all of the following:
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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.
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2. Revise the individualized education program as appropriate to address all
22of the following:
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a. Any lack of expected progress toward the annual goals and in the general
24curriculum.
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b. The results of any reevaluation conducted under s. 115.782.
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1c. Information about the child provided to or by the child's parents, as described
2in s. 115.782.
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d. The child's anticipated needs.
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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.
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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.
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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.
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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.
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7115.79 Educational placements. Each local educational agency shall ensure
8that all of the following occur:
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9(1) An evaluation is conducted under s. 115.782 before special education and
10related services are provided to a child with a disability.
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11(2) An educational placement is provided to implement a child's individualized
12education program. Except as provided in s. 118.51 (12) (a) and (b) 2., if a child with
13a disability is attending a public school in a nonresident school district under s.
14118.51, the school board of the school district that the child is attending shall provide
15an educational placement for the child and shall pay tuition charges instead of the
16school district in which the child resides if required by the placement.
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17(3) To the maximum extent appropriate, a child with a disability, including a
18child receiving publicly funded special education in a public or private institution or
19other care facility, is educated with nondisabled children.
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20(4) Special classes, separate schooling or other removal of a child with a
21disability from the regular educational environment occurs only when the nature or
22severity of the child's disability is such that education in regular classes with the use
23of supplementary aids and services cannot be achieved satisfactorily.
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24115.791 Reimbursement for private school placement. (1) If the parents
25of a child with a disability who previously received special education and related
1services under the authority of a local educational agency enroll the child in a private
2elementary or secondary school without the consent of or referral by the local
3educational agency, a court or a hearing officer may require the local educational
4agency to reimburse the parents for the cost of that enrollment if the court or hearing
5officer finds that the local educational agency had not made a free appropriate public
6education available to the child in a timely manner before that enrollment.
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7(2) The cost of reimbursement described in sub. (1) may be reduced or denied
8if any of the following applies:
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(a) At the most recent individualized education program meeting that the
10parents attended before removal of the child from the local educational agency, the
11parents did not inform the individualized education program team of their concerns,
12their rejection of the placement proposed by the local educational agency to provide
13a free appropriate public education to their child and their intent to enroll the child
14in a private school at public expense; or at least 10 business days, including any
15holidays that occur on a business day, before the removal of the child from the local
16educational agency, the parents did not give written notice to the local educational
17agency of their concerns, their rejection of the placement and their intent to enroll
18the child in a private school at public expense.
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(b) If, before the parents' removal of the child from the local educational agency,
20the local educational agency notified the parents under s. 115.792 of its intent to
21evaluate the child, including a statement of the purpose of the evaluation that was
22appropriate and reasonable, but the parents did not make the child available for the
23evaluation.
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(c) A court finds the parents' actions unreasonable.
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1(3) Notwithstanding the notice requirement in sub. (2) (a), the cost of
2reimbursement may not be reduced or denied for failure to provide such notice if any
3of the following apply:
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(a) The parent is illiterate and cannot write in English.
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(b) Compliance with sub. (2) (a) would likely result in physical or serious
6emotional harm to the child.
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(c) The local educational agency prevented the parent from providing such
8notice.
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(d) The parents had not received notice, pursuant to s. 115.792, of the notice
10requirement in sub. (2) (a).
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11(4) Subject to s. 115.77 (1m) (d) and (e), this section does not require a local
12educational agency to pay the cost of education, including special education and
13related services, of a child with a disability at a private school or facility if the local
14educational agency made a free appropriate public education available to the child
15and the child's parents elected to place the child in a private school or facility.
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16115.792 Procedural safeguards. (1) Safeguards ensured. (a) The local
17educational agency shall establish and maintain procedures to ensure all of the
18following:
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1. That the parents of a child may examine all records relating to the child and
20may participate in meetings about the identification, evaluation and educational
21placement of the child, and the provision of a free appropriate public education to the
22child, and may obtain an independent educational evaluation of the child.
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2. That a child's rights are protected by the assignment of an individual, who
24shall not be an employe of the department, the local educational agency or any other
25agency that is involved in the education or care of the child, to act as a surrogate for
1the child's parents whenever the child's parents are not known; the local educational
2agency cannot, after reasonable efforts, locate the child's parents; or the child is a
3ward of the state.
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3. That a child's parents are offered an opportunity to use mediation under s.
5115.797.
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(b) The local educational agency shall establish and maintain procedures to
7ensure that a child's parents are provided prior written notice whenever the local
8educational agency proposes to initiate or change, or refuses to initiate or change, the
9identification, evaluation or educational placement of the child, or the provision of
10a free appropriate public education to the child. In this paragraph, "local educational
11agency" includes the nonresident school district that a child is attending under s.
12118.51.
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13(2) Notice. The notice required under sub. (1) (b) shall be in the native
14language of the child's parents unless the local educational agency determines that
15it clearly is not feasible to do so and shall include all of the following:
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(a) A description of the action proposed or refused by the local educational
17agency.
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(b) An explanation of why the local educational agency proposes or refuses to
19take the action.
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(c) A description of any other options that the local educational agency
21considered and the reasons why it rejected those options.
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(d) A description of each evaluative procedure, test, record or report that the
23local educational agency used as a basis for the proposed or refused action.
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(e) If the notice proposes to evaluate or reevaluate the child, the qualifications
25of the evaluators and their names, if known.
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1(f) A description of any other factors that are relevant to the local educational
2agency's proposal or refusal.
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(g) A statement that the parents of a child with a disability have procedural
4safeguards under this section and, if this notice is not an initial referral for
5evaluation, or reevaluation, or a notice of an individualized education program
6meeting, the way in which the parents may obtain a description of the procedural
7safeguards under sub. (3).
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(h) Sources for parents to contact to obtain assistance in understanding this
9subchapter.
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(i) The rights specified in s. 115.78 (4).
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11(3) Procedural safeguards notice. (a) In this subsection, "local educational
12agency" includes the nonresident school district that a child is attending under s.
13118.51.
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(b) The local educational agency shall give to the parents of a child with a
15disability, upon the child's initial referral for evaluation, upon each notification of an
16individualized education program meeting and upon reevaluation of the child, a full
17explanation written so as to be easily understood by the general public, and in the
18native language of the child's parents unless it clearly is not feasible to do so, of the
19procedural safeguards available under this section and under applicable federal law
20relating to all of the following:
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1. Independent educational evaluation.
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2. Prior written notice.
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3. Parental consent.
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4. Access to educational records.
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5. Opportunity to present complaints.
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16. The child's placement during pendency of due process proceedings.
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7. Procedures for pupils who are subject to placement in interim alternative
3educational settings under
20 USC 1415 (k).
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8. Requirements for the unilateral placement by parents of pupils in private
5schools at public expense.
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9. Mediation.
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10. Hearings under s. 115.80.
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11. Civil actions.
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12. Attorney fees.
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10115.797 Mediation. (1)
Definitions. In this section: