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8. Traumatic brain injury.
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9. Other health impairments.
SB384-SSA1,18,2020
10. Learning disabilities.
SB384-SSA1,18,2321
(b) "Child with a disability" may, at the discretion of the local educational
22agency and consistent with department rules, include a child who, by reason of his
23or her significant developmental delay, needs special education and related services.
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24(6) "Division" means the division for learning support, equity and advocacy in
25the department.
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1(7) "Free appropriate public education" means special education and related
2services that are provided at public expense and under public supervision and
3direction, meet the standards of the department, include an appropriate preschool,
4elementary or secondary school education and are provided in conformity with an
5individualized education program.
SB384-SSA1,19,7
6(8) "Hearing officer" means an independent examiner appointed to conduct
7hearings under s. 115.80.
SB384-SSA1,19,10
8(9) "Individualized education program" means a written statement for a child
9with a disability that is developed, reviewed and revised in accordance with s.
10115.787.
SB384-SSA1,19,14
11(10) "Local educational agency", except as otherwise provided, means the
12school district in which the child with a disability resides, or the department of health
13and family services or the department of corrections if such department is
14responsible for providing a free appropriate public education to the child.
SB384-SSA1,19,16
15(11) "Native language", when used with reference to an individual of limited
16English proficiency, means the language normally used by the individual.
SB384-SSA1,20,5
17(12) "Parent" means a biological parent; a husband who has consented to the
18artificial insemination of his wife under s. 891.40; a male who is presumed to be the
19child's father under s. 891.41; a male who has been adjudicated the child's father
20under subch. VIII of ch. 48, under ss. 767.45 to 767.51, by final order or judgment of
21an Indian tribal court of competent jurisdiction or by final order or judgment of a
22court of competent jurisdiction in another state; an adoptive parent; a legal guardian;
23a person acting as a parent of a child; a person appointed as a sustaining parent
24under s. 48.428; or a person assigned as a surrogate parent under s. 115.792 (1) (a)
252. "Parent" does not include any person whose parental rights have been terminated;
1the state or a county or a child welfare agency if a child was made a ward of the state
2or a county or child welfare agency under ch. 880 or if a child has been placed in the
3legal custody or guardianship of the state or a county or a child welfare agency under
4ch. 48 or ch. 767; or an American Indian tribal agency if the child was made a ward
5of the agency or placed in the legal custody or guardianship of the agency.
SB384-SSA1,20,12
6(13) "Person acting as a parent of a child" means a relative of the child or a
7private individual allowed to act as a parent of a child by the child's biological or
8adoptive parents or guardian, and includes the child's grandparent, neighbor, friend
9or private individual caring for the child with the explicit or tacit approval of the
10child's biological or adoptive parents or guardian. "Person acting as a parent of a
11child" does not include any person that receives public funds to care for the child if
12such funds exceed the cost of such care.
SB384-SSA1,20,20
13(14) "Related services" means transportation and such developmental,
14corrective and other supportive services as may be required to assist a child with a
15disability to benefit from special education, including speech-language pathology
16and audiology services; psychological services; physical and occupational therapy;
17recreation, including therapeutic recreation; social work services; counseling
18services, including rehabilitative counseling; orientation and mobility services;
19medical services for diagnostic and evaluative purposes only; and the early
20identification and assessment of disabling conditions in children.
SB384-SSA1,20,24
21(15) "Special education" means specially designed instruction, regardless of
22where the instruction is conducted, that is provided at no cost to the child or the
23child's parents, to meet the unique needs of a child with a disability, including
24instruction in physical education.
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1(16) "Supplementary aids and services" means aids, services and other
2supports that are provided in regular education classes or other education-related
3settings to enable a child with a disability to be educated with nondisabled children
4to the maximum extent appropriate.
SB384-SSA1,21,5
5(17) "Transition services" has the meaning given in
20 USC 1401 (30).
SB384-SSA1,21,8
6115.762 Division for learning support, equity and advocacy. (1) 7Appointment of administrator. The state superintendent shall appoint the
8administrator of the division.
SB384-SSA1,21,11
9(2) Staff. Subject to the approval of the state superintendent, the
10administrator of the division shall appoint qualified staff necessary to perform the
11duties required of the division.
SB384-SSA1,21,12
12(3) Division duties. The division is responsible for all of the following:
SB384-SSA1,21,1513
(a) Ensuring that all children with disabilities, including children who are not
14yet 3 years of age, who reside in this state and who are in need of special education
15and related services are identified, located and evaluated.
SB384-SSA1,21,1816
(am) Ensuring that a free appropriate public education is available to all
17children with disabilities who reside in this state, including such children who are
18suspended or expelled from school.
SB384-SSA1,21,2019
(b) Developing and implementing a practical method to determine which
20children with disabilities are receiving special education and related services.
SB384-SSA1,21,2221
(c) Complying with the requirements of this subchapter and applicable federal
22law, including
20 USC 1415 (k).
SB384-SSA1,22,223
(d) Coordinating and supervising the provision of all publicly funded special
24education and related services for children with disabilities in this state and
25ensuring that such education and services meet the educational standards of the
1department, including any criteria established by the department relating to
2enrollment.
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(e) Pursuant to s. 115.77 (4), approving the plan for the provision of all special
4education and related services provided by a local educational agency.
SB384-SSA1,22,75
(g) Monitoring and enforcing local educational agency and child caring
6institution compliance with this subchapter and applicable federal law, including
20
7USC 1415 (k).
SB384-SSA1,22,98
(h) Maintaining current information on all publicly funded special education
9and related services within this state and making this information public.
SB384-SSA1,22,1510
(i) Coordinating a comprehensive system of personnel development that is
11designed to ensure an adequate supply of qualified special education, regular
12education and related services personnel and that meets the requirements of
13applicable federal law, including participation, as appropriate, by institutions of
14higher education, state and local agencies and other public and private
15organizations.
SB384-SSA1,22,2416
(j) Examining data to determine if significant discrepancies are occurring in
17the rate of long-term suspensions and expulsions of children with disabilities among
18local educational agencies or compared to such rates for nondisabled children within
19such agencies. If such discrepancies are occurring, the division shall review and, if
20appropriate, revise or require the affected local educational agency to revise its
21policies, procedures and practices relating to the development and implementation
22of individualized education programs, the use of behavioral interventions and
23procedural safeguards to ensure that such policies, procedures and practices comply
24with this subchapter.
SB384-SSA1,23,5
1(4) Limitation. Nothing in this subchapter requires that special education and
2related services be provided to a child with a disability who is at least 18 years old
3but not yet 22 years old and who, in the child's educational placement before his or
4her incarceration in a state prison, was not identified as a child with a disability or
5for whom an individualized education program was not developed.
SB384-SSA1,23,9
6115.77 Local educational agency duties. (1) In sub. (1m) (a) to (d), except
7as provided in s. 118.51 (12) (a) and (b) 2., if a child with a disability is attending a
8public school in a nonresident school district under s. 118.51, "local educational
9agency" means the school district that the child is attending.
SB384-SSA1,23,11
10(1m) A local educational agency shall demonstrate to the satisfaction of the
11division that it does all of the following:
SB384-SSA1,23,1712
(a) Identifies, locates and evaluates all children with disabilities who are in
13need of special education and related services, including such children who are not
14yet 3 years of age. A local educational agency may provide special education and
15related services to children with disabilities who are not yet 3 years of age under an
16interagency agreement with a county agency responsible for the early intervention
17program under s. 51.44.
SB384-SSA1,23,1918
(b) Makes available a free appropriate public education to children with
19disabilities as required by this subchapter and applicable state and federal law.
SB384-SSA1,23,2320
(bg) Includes children with disabilities in statewide and local educational
21agency-wide assessments, with appropriate modifications where necessary, or in
22alternative assessments for those children who cannot participate in statewide or
23local educational agency-wide assessments.
SB384-SSA1,24,524
(c) Ensures that children participating in early intervention programs under
25s. 51.44 who will participate in preschool programs assisted under this subchapter
1experience a smooth and effective transition to those preschool programs and that,
2by the 3rd birthday of such a child, an individualized education program has been
3developed and is being implemented for the child. The local educational agency shall
4participate in transition planning conferences arranged by the county
5administrative agency, as defined in s. HFS 90.03 (10), Wis. adm. code.
SB384-SSA1,24,106
(d) Ensures that children with disabilities who are enrolled in private schools
7and facilities are provided special education and related services, in accordance with
8individualized education programs, at no cost to them or to their parents, if such
9children are placed in, or referred to, such schools or facilities by a local educational
10agency to satisfy the requirements of this subchapter or applicable federal law.
SB384-SSA1,24,1611
(e) To the extent consistent with the number and location of children with
12disabilities residing in the local educational agency who are enrolled by their parents
13in private elementary and secondary schools, ensures that those children have an
14opportunity to participate in special education and related services and that the
15amount spent to provide those services by the local educational agency is equal to a
16proportionate amount of federal funds made available under this subchapter.
SB384-SSA1,24,1817
(f) Establishes written policies and procedures for implementing this
18subchapter and applicable federal law.
SB384-SSA1,24,2019
(g) Makes available to any person, upon request, all documents relating to the
20agency's eligibility for funds under this subchapter.
SB384-SSA1,24,2221
(h) Regularly publicizes information regarding its special education
22procedures and services.
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23(2) The local educational agency shall provide the division with information
24necessary to enable the division to carry out its duties under this subchapter and
25applicable federal law.
SB384-SSA1,25,3
1(3) Any state or federal aid that is made available to a local educational agency
2for special education and related services shall be used by the local educational
3agency to comply with this subchapter.
SB384-SSA1,25,7
4(4) A local educational agency shall submit to the division, pursuant to a
5schedule and instructions established and published by the division, the agency's
6plan, including a program narrative, for the provision of special education and
7related services that includes all of the following:
SB384-SSA1,25,98
(a) The extent to which special education and related services is or is not
9organized around particular disabilities.
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(b) The licensure and other preparation or experience of special education staff.
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(c) The age ranges of pupils who are children with disabilities.
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(d) The range of severity of disability among children with disabilities.
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(e) The ratio of pupils to full-time equivalent staff, including both the ratio of
14pupils assigned to special education instructional and related services staff and to
15total special education instructional, support and administrative staff.
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(f) The way parents participate in the development and review of the plan.
SB384-SSA1,25,1817
(g) The extent to which children with disabilities receive special education or
18related services beyond the school term.
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(h) The way the local educational agency provides for a continuum of
20alternative placements that addresses the unique needs of children with disabilities
21and ensures that such children receive their educational programming in the least
22restrictive environment, including the agency's use of placements out of the agency
23and out of the state and private placements.
SB384-SSA1,26,3
1(i) The local educational agency's plan for employing qualified special
2education and related services staff, evaluating its staff's special education
3in-service needs and the plan for meeting those needs.
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(j) The local educational agency's plan for evaluating its system for the design
5and delivery of special education and related services and for addressing any needs
6that are identified by the evaluation, including all of the following:
SB384-SSA1,26,87
1. The local educational agency's graduation rate for children with disabilities
8and how the rate compares to the agency's graduation rate for nondisabled children.
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2. The local educational agency's rate of suspension and expulsion of children
10with disabilities and how the rate compares to the agency's rate of suspension and
11expulsion of nondisabled children.
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3. The local educational agency's overall incidence rate of children with
13disabilities and the agency's incidence rates of particular disabilities.
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4. The rate of participation of the local educational agency's children with
15disabilities in statewide and local educational agency-wide assessments and the
16results of those assessments.
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5. The rate of participation of the local educational agency's children with
18disabilities in alternative assessments and the results of those assessments.
SB384-SSA1,26,2019
6. The number of referrals under s. 115.777 and the percentage of those
20referrals resulting in the provision of special education and related services.
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7. The number of children with disabilities placed in appropriate, interim,
22alternative educational settings under
20 USC 1415 (k) (1) (A) (ii).
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8. General information about the satisfaction of parents of children with
24disabilities and adult pupils who are receiving special education and related services
25with special education and related services.
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19. General information about persons who no longer attend high school and
2who received special education and related services provided by the local educational
3agency, such as whether they are employed, are living independently and are
4enrolled in postsecondary education.
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10. If the local educational agency is a school district, the number of children
6with disabilities who attend the school district under s. 118.51, the disability of each
7such child and the special education or related services received by each such child.
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(k) A roster of all of the agency's special education and related services staff,
9their function, their social security numbers and their special education licensure.
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(L) Statements of assurance as required by applicable federal law.
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(m) Information relating to access of private school pupils to the local
12educational agency's special education and related services.
SB384-SSA1,27,1413
(n) Any other information the division requires to permit its review and
14approval of the plan.
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15(7) Annually, the local educational agency shall provide a special education
16performance report to all parents of children enrolled in the local educational agency
17and to the division that includes the local educational agency's performance with
18regard to the factors referenced in the agency's evaluation of its plan under sub. (4)
19(j) as well as the statewide average with regard to factors in sub. (4) (j) 1. to 5.
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20(8) The local educational agency shall serve children with disabilities who are
21attending a charter school under contract with the local educational agency under
22s. 118.40 in the same manner as it serves children with disabilities attending schools
23of the local educational agency, and shall provide funds under this subchapter to such
24charter schools in the same manner as it provides funds under this subchapter to
25schools of the local educational agency.
SB384-SSA1,28,2
1(9) The local educational agency shall exercise its authority in compliance with
220 USC 1415 (k).
SB384-SSA1,28,11
3115.777 Special education referrals. (1) (a) A physician, nurse,
4psychologist, social worker or administrator of a social agency who reasonably
5believes that a child brought to him or her for services has a disability shall refer the
6child to the local educational agency. If the local educational agency to whom the
7referral is made is the school district in which the child resides but the child is
8attending a public school in a nonresident school district under s. 118.51, the school
9board of the school district in which the child resides shall provide the name of the
10child and related information to the school board of the school district that the child
11is attending.
SB384-SSA1,28,1912
(b) A person who is required to be licensed under s. 115.28 (7), who is employed
13by a local educational agency and who reasonably believes a child has a disability,
14shall refer the child to the local educational agency. If the local educational agency
15to whom the referral is made is the school district that the child is attending but the
16child is a nonresident attending a public school in that school district under s. 118.51,
17the school board of the school district that the child is attending shall provide the
18name of the child and related information to the school board of the child's school
19district of residence.
SB384-SSA1,29,220
(c) Any person other than those specified under par. (a) or (b) who reasonably
21believes that a child is a child with a disability may refer the child to a local
22educational agency. If the local educational agency to whom the referral is made is
23the school district in which the child resides but the child is attending a public school
24in a nonresident school district under s. 118.51, the school board of the school district
1in which the child resides shall provide the name of the child and related information
2to the school board of the school district that the child is attending.
SB384-SSA1,29,4
3(2) (a) All referrals shall be in writing and shall include the name of the child
4and the reasons why the person believes that the child is a child with a disability.
SB384-SSA1,29,75
(b) Before submitting a referral to a local educational agency under sub. (1) (a)
6or (b), a person required to make a referral under sub. (1) (a) or (b) shall inform the
7child's parent that he or she is going to submit the referral.
SB384-SSA1,29,8
8(3) A local educational agency shall do all of the following:
SB384-SSA1,29,99
(a) Establish written procedures for accepting and processing referrals.
SB384-SSA1,29,1010
(b) Document and date the receipt of each referral.
SB384-SSA1,29,1211
(c) Provide information and in-service opportunities to all of its licensed staff
12to familiarize them with the agency's referral procedures.
SB384-SSA1,29,1413
(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:
SB384-SSA1,29,2222
(a) The parents of the child.
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(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).