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.
SB384-SSA1,41,75
(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.
SB384-SSA1,41,16
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.
SB384-SSA1,42,222
(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.
SB384-SSA1,42,8
7115.79 Educational placements. Each local educational agency shall ensure
8that all of the following occur:
SB384-SSA1,42,10
9(1) An evaluation is conducted under s. 115.782 before special education and
10related services are provided to a child with a disability.
SB384-SSA1,42,16
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.
SB384-SSA1,42,19
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.
SB384-SSA1,42,23
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.
SB384-SSA1,43,6
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.
SB384-SSA1,43,8
7(2) The cost of reimbursement described in sub. (1) may be reduced or denied
8if any of the following applies:
SB384-SSA1,43,189
(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.
SB384-SSA1,43,2319
(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.
SB384-SSA1,43,2424
(c) A court finds the parents' actions unreasonable.
SB384-SSA1,44,3
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:
SB384-SSA1,44,44
(a) The parent is illiterate and cannot write in English.
SB384-SSA1,44,65
(b) Compliance with sub. (2) (a) would likely result in physical or serious
6emotional harm to the child.
SB384-SSA1,44,87
(c) The local educational agency prevented the parent from providing such
8notice.
SB384-SSA1,44,109
(d) The parents had not received notice, pursuant to s. 115.792, of the notice
10requirement in sub. (2) (a).
SB384-SSA1,44,15
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.
SB384-SSA1,44,18
16115.792 Procedural safeguards. (1) Safeguards ensured. (a) The local
17educational agency shall establish and maintain procedures to ensure all of the
18following:
SB384-SSA1,44,2219
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.
SB384-SSA1,45,323
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.
SB384-SSA1,45,54
3. That a child's parents are offered an opportunity to use mediation under s.
5115.797.
SB384-SSA1,45,126
(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.
SB384-SSA1,45,15
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:
SB384-SSA1,45,1716
(a) A description of the action proposed or refused by the local educational
17agency.
SB384-SSA1,45,1918
(b) An explanation of why the local educational agency proposes or refuses to
19take the action.
SB384-SSA1,45,2120
(c) A description of any other options that the local educational agency
21considered and the reasons why it rejected those options.
SB384-SSA1,45,2322
(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.
SB384-SSA1,45,2524
(e) If the notice proposes to evaluate or reevaluate the child, the qualifications
25of the evaluators and their names, if known.
SB384-SSA1,46,2
1(f) A description of any other factors that are relevant to the local educational
2agency's proposal or refusal.
SB384-SSA1,46,73
(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).
SB384-SSA1,46,98
(h) Sources for parents to contact to obtain assistance in understanding this
9subchapter.
SB384-SSA1,46,1010
(i) The rights specified in s. 115.78 (4).
SB384-SSA1,46,13
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.
SB384-SSA1,46,2014
(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:
SB384-SSA1,46,2121
1. Independent educational evaluation.
SB384-SSA1,46,2222
2. Prior written notice.
SB384-SSA1,46,2323
3. Parental consent.
SB384-SSA1,46,2424
4. Access to educational records.
SB384-SSA1,46,2525
5. Opportunity to present complaints.
SB384-SSA1,47,1
16. The child's placement during pendency of due process proceedings.
SB384-SSA1,47,32
7. Procedures for pupils who are subject to placement in interim alternative
3educational settings under
20 USC 1415 (k).
SB384-SSA1,47,54
8. Requirements for the unilateral placement by parents of pupils in private
5schools at public expense.
SB384-SSA1,47,66
9. Mediation.
SB384-SSA1,47,77
10. Hearings under s. 115.80.
SB384-SSA1,47,88
11. Civil actions.
SB384-SSA1,47,99
12. Attorney fees.
SB384-SSA1,47,10
10115.797 Mediation. (1)
Definitions. In this section:
SB384-SSA1,47,1611
(a) "Dispute" means any disagreement between parties concerning the
12proposal or refusal to initiate or change the evaluation, individualized education
13program or educational placement of a child with a disability or the provision of a free
14appropriate public education to such a child. "Dispute" includes any such
15disagreement between parties in which other processes, including a hearing under
16s. 115.80 or litigation, have been requested or commenced.
SB384-SSA1,47,1717
(b) "Mediation" has the meaning given in s. 802.12 (1) (e).
SB384-SSA1,47,2018
(c) "Party" means a competent adult pupil or the parent of a child or
19incompetent adult pupil who is the subject of a dispute, and the local educational
20agency.
SB384-SSA1,47,25
21(2) Request for mediation, consent of parties. (a) The division shall establish
22a program for the mediation of disputes between parties. A party may request the
23division to arrange for mediation of a dispute at any time. The request shall be in
24writing, shall briefly describe the dispute and shall identify both parties. Both
25parties may jointly request mediation.
SB384-SSA1,48,3
1(b) If only one of the parties requests mediation, within 5 business days after
2receiving the request the division shall notify the other party in writing of the request
3for mediation. The notice shall include all of the following:
SB384-SSA1,48,44
1. An explanation of mediation and its advantages.
SB384-SSA1,48,85
2. A statement that participation in mediation is voluntary and that agreement
6or refusal to participate will not affect the resolution of the dispute in any pending
7or potential adjudicative process, or the timing of that process, unless the parties
8agree otherwise.
SB384-SSA1,48,119
3. A request that the party notify the division within 5 business days after
10receiving the notice regarding the party's consent or refusal to participate in
11mediation.
SB384-SSA1,48,1412
(c) If the division does not receive timely response under par. (b) 3. or if the other
13party notifies the division under par. (b) 3. of its refusal to participate in mediation,
14the division shall so notify the party that requested mediation.
SB384-SSA1,48,18
15(3) Appointment of mediator. (a) A party that requests mediation may
16nominate a mediator from the roster under sub. (4). If a party nominates a mediator,
17the division shall include in the notice under sub. (2) (b) the name of the nominated
18mediator.
SB384-SSA1,48,2119
(b) 1. If both parties nominate the same person as mediator, the division shall
20appoint that person as mediator if he or she is on the roster under sub. (4) and
21available to mediate.
SB384-SSA1,48,2322
2. If both parties request mediation but neither party nominates a mediator,
23the division shall propose a mediator from the roster under sub. (4).
SB384-SSA1,49,224
3. If both parties consent to mediation but the party that requests mediation
25does not nominate a mediator, the nominated mediator is not available or the other
1party does not consent to the appointment of the nominated mediator, the division
2shall propose a mediator from the roster under sub. (4).
SB384-SSA1,49,63
(c) Whenever the division proposes a mediator under par. (b) 2. or 3., it shall
4send information about the mediator's training and experience to both parties.
5Within 3 business days after receiving the information, either party may request the
6division to propose a different mediator from the roster under sub. (4).
SB384-SSA1,49,9
7(4) Roster of mediators. (a) In consultation with the council on special
8education, the division shall maintain a roster of mediators qualified to resolve
9disputes. The division may include a person on the roster if all of the following apply:
SB384-SSA1,49,1110
1. The division determines that the person has the appropriate skills and
11knowledge to act as a mediator under this section.
SB384-SSA1,49,1312
2. The person participates in a training program of at least 5 days' duration that
13has been approved by the division.
SB384-SSA1,49,1514
3. The person agrees to mediate, at the rate of compensation established by the
15division, the number of disputes required by the division each year.
SB384-SSA1,49,1716
4. The person consents to be observed by a division representative at any
17mediation session if the parties consent.
SB384-SSA1,49,2018
(b) The division may not maintain a person on the roster unless he or she
19participates in at least one day of additional training approved by the division each
20year.
SB384-SSA1,49,2221
(c) Subject to subch. II of ch. 111, the division may remove from the roster any
22person whom it believes cannot serve effectively as a mediator.
SB384-SSA1,50,2
23(5) Mediation. (a) Unless both parties agree otherwise, mediation shall
24commence within 21 days after the mediator is appointed and shall not delay
1hearings or appeals related to the dispute. All mediation sessions shall be held in
2a location that is convenient to the parties.
SB384-SSA1,50,63
(b) The parents of the child or adult pupil and 2 representatives of the local
4educational agency may participate in mediation. With the consent of both parties,
5other persons may participate in mediation. With the consent of both parties, a
6division representative may observe the mediation sessions.
SB384-SSA1,50,117
(c) At the commencement of mediation, the mediator shall inform the parties
8of the information that is required to be reported to the division for the purpose of
9administering the mediation program. The division may not require a mediator to
10disclose the substance of any matter discussed or communication made during
11mediation.
SB384-SSA1,50,1612
(d) Either party may recess a mediation session to consult advisors, whether
13or not present, or to consult privately with the mediator. The mediator may recess
14a mediation session to consult privately with a party. If the mediator does so, he or
15she shall disclose the general purpose of the consultation but may not reveal other
16information about the consultation without the consent of the party consulted.
SB384-SSA1,50,1817
(e) Unless both parties and the mediator agree otherwise, no person may record
18a mediation session.
SB384-SSA1,50,2219
(f) Discussions that occur during mediation are confidential and may not be
20used as evidence in any subsequent hearing or civil proceeding. The mediator may
21require the parties to sign a confidentiality pledge before the commencement of
22mediation.
SB384-SSA1,50,2323
(g) The mediator and either party may withdraw from mediation at any time.
SB384-SSA1,51,224
(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.
SB384-SSA1,51,7
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.
SB384-SSA1,51,10
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).
SB384-SSA1,51,1311
(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.