SECTION 2753c. 115.52 (2) of the statutes is amended to read:
115.52 (2) The department state superintendent shall maintain and govern the school for the visually handicapped and the school for the deaf. The department state superintendent may fix the period of the school year at the schools at not less than 38 weeks, prescribe the school terms and confer diplomas upon meritorious pupils who have completed the prescribed curricula.
SECTION 2753d. 115.52 (3) of the statutes is amended to read:
115.52 (3) All the blind and the deaf residents of this state 6 to 20 years old, and for the duration of a school term all the blind or deaf residents of this state who become 21 years old during that school term, who are capable of receiving instruction shall be received and taught in the schools free of charge. Like nonresident pupils also may be received upon payment in advance of the fees fixed by the department state superintendent at an amount not less than $75 per month, but no nonresident shall be received to the exclusion of a resident pupil. The department state superintendent also may admit pupils who are 21 years of age or older prior to the beginning of a school term upon the payment of fees fixed by the superintendent and upon the recommendation of the secretary of health and family services, the director of the technical college system or the superintendent of the school to which the pupil will be assigned. All pupils shall equally and freely enjoy the benefits and privileges of the schools and have the use of the library and books of instruction and receive board, lodging and laundry, without discrimination. The schools may provide transportation for resident pupils.
SECTION 2753f. 115.52 (5) of the statutes is amended to read:
115.52 (5) The department state superintendent may grant approval for the maintenance of a summer school at the school for the deaf whenever it will be to the advantage of deaf persons and may grant approval for the maintenance of a summer school at the school for the visually handicapped whenever it will be to the advantage of visually handicapped minors. There shall be a summer school each year at the school for the visually handicapped for visually handicapped adults.
SECTION 2753h. 115.52 (6) of the statutes is amended to read:
115.52 (6) The department state superintendent may make charges for meals, living quarters, laundry and other services furnished to employes of the schools and their families. The department state superintendent also may make charges for services furnished to visitors at the schools and participants in training programs and institutes.
SECTION 2753j. 115.53 (intro.) of the statutes is amended to read:
115.53 (title) Department State superintendent; powers. (intro.) The department state superintendent may:
SECTION 2753L. 115.53 (4) (b) of the statutes is amended to read:
115.53 (4) (b) The net cost of hospital treatment shall be at the rate established under s. 233.40 (1) and shall be chargeable to the appropriation for operating the patient's school. The department state superintendent likewise may authorize payment for the expense of transporting patients to and from the hospital. The department state superintendent shall make payments for the treatment to the University of Wisconsin Hospitals and Clinics Authority. Funds collected by the department state superintendent on account of the hospitalization shall be deposited in the appropriation under s. 20.255 (1) (b) for the school concerned.
SECTION 2753n. 115.53 (5) of the statutes is amended to read:
115.53 (5) Arrange for visits by members of the staff of either school to other public schools or to families of blind or deaf children, whenever it appears to the department state superintendent that such visits will be of advantage to blind or deaf children.
SECTION 2753p. 115.55 of the statutes is amended to read:
115.55 Library for the blind and visually handicapped. Embossed, clear type or large type text books acquired by the school for the visually handicapped shall constitute a circulating collection for the blind and visually handicapped. The collection shall be kept at the school and be under the supervision of its superintendent. All blind and visually handicapped school age children of the state may use such books upon compliance with rules made by the superintendent and approved by the department state superintendent.
SECTION 2753r. 115.58 of the statutes is amended to read:
115.58 Park grounds. The department state superintendent may permit the city of Janesville to use portions of the grounds of the state school for the visually handicapped at Janesville, which abut on the Rock river, for purposes of operating a city park. Any construction on such grounds is subject to prior approval by the department state superintendent. Any agreement pursuant hereto shall be cancelable at the option of either party without liability. Any such grounds so used by the city of Janesville shall be supervised by the city and shall be subject to the ordinances of the city of Janesville applicable to city parks.
SECTION 2753t. 115.71 (2) (d) of the statutes is amended to read:
115.71 (2) (d) Determined to be an Indian under rules promulgated by the department in coordination with the board state superintendent under s. 115.28 (17) (c).
SECTION 2753u. 115.71 (3) of the statutes is repealed.
SECTION 2753v. 115.74 (1) (intro.) of the statutes is amended to read:
115.74 (1) (intro.) On or before July 1 in every even-numbered year, the department, in coordination with the board, state superintendent shall:
SECTION 2753w. 115.74 (2) (intro.) of the statutes is amended to read:
115.74 (2) (intro.) Annually, on or before July 1, the department, in coordination with the board, state superintendent shall evaluate all available resources and programs which are or could be directed toward meeting the educational needs of American Indian pupils. The evaluation shall include information on:
SECTION 2753x. 115.74 (4) of the statutes is amended to read:
115.74 (4) The department, in coordination with the board, state superintendent shall prepare a biennial report which shall be included as an addendum to the department's biennial report under s. 15.04 (1) (d). The report shall include the results of the most recent assessment of needs and evaluation of programs under sub. (1), the evaluation of resources under sub. (2) and recommendations for legislation in the area of American Indian language and culture education.
SECTION 2754. 115.745 of the statutes is repealed.
SECTION 2754c. 115.75 (1) (b) (intro.) of the statutes is amended to read:
115.75 (1) (b) (intro.) No alternative school may receive state aid under this section unless the department state superintendent:
SECTION 2754g. 115.75 (1) (b) 2. of the statutes is amended to read:
115.75 (1) (b) 2. Certifies that the alternative school has met the requirements of ss. 115.73 and 115.735 and has submitted a report to the department state superintendent which includes a description of all expenditures made in the prior year in connection with the program, a budget for the current year for the program and the number of pupils who have completed the fall semester in the program.
SECTION 2754n. 115.76 (3) (intro.) of the statutes is amended to read:
115.76 (3) (intro.) "Child with exceptional educational needs" means a child with any of the following conditions, or such other conditions as the department state superintendent determines, who may require educational services to supplement or replace regular education:
SECTION 2754r. 115.76 (3) (m) of the statutes is amended to read:
115.76 (3) (m) Any combination of conditions named by the department state superintendent or enumerated in pars. (a) to (L).
SECTION 2754w. 115.76 (8) of the statutes is amended to read:
115.76 (8) "Reduced program" means any program which has decreased its educational services, facilities or staff in the manner and degree specified in written standards issued by the department state superintendent.
SECTION 2755. 115.77 (1) of the statutes is amended to read:
115.77 (1) APPOINTMENT OF ADMINISTRATOR. The secretary state superintendent shall appoint the administrator.
SECTION 2756. 115.77 (2) (intro.) of the statutes is amended to read:
115.77 (2) DUTIES OF ADMINISTRATOR. (intro.) Subject to the direction of the secretary state superintendent, the administrator:
SECTION 2756d. 115.77 (3) (a) of the statutes is amended to read:
115.77 (3) (a) Services for children with exceptional educational needs who are under the jurisdiction of the department state superintendent and for the Wisconsin school for the deaf and the Wisconsin school for the visually handicapped.
SECTION 2756h. 115.77 (3) (d) 3. of the statutes is amended to read:
115.77 (3) (d) 3. Recommending to the department state superintendent standards for certification of personnel whom the department state superintendent determines to be involved in the education of children described in this paragraph.
SECTION 2756p. 115.78 (intro.) of the statutes is amended to read:
115.78 State exceptional educational needs plan. (intro.) The department state superintendent shall annually issue and make public a state plan for the education of children with exceptional educational needs. The state plan shall include:
SECTION 2756t. 115.781 of the statutes is amended to read:
115.781 Reports of service to handicapped children. The department state superintendent shall report to the governor, the joint committee on finance and the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), the state's progress toward achieving full service to handicapped children under the education for all handicapped children act of 1975 (P.L. 94-142). The department state superintendent shall submit reports under this section within 45 days of the collection of data for the submission of the report of handicapped children receiving special education and related services, or its successor forms, as required under P.L. 94-142.
SECTION 2757. 115.79 (1) (intro.) of the statutes is amended to read:
115.79 (1) (intro.) The secretary state superintendent shall consult with the council on exceptional education concerning:
SECTION 2758. 115.79 (1) (d) of the statutes is amended to read:
115.79 (1) (d) Any other matters upon which the secretary state superintendent wishes the council's opinion.
SECTION 2758d. 115.80 (1) (a) of the statutes is amended to read:
115.80 (1) (a) A parent or a physician, nurse, teacher at a state or county residential facility, psychologist, social worker or administrator of a social agency who has reasonable cause to believe that a child brought to him or her for services has exceptional educational needs shall report the name of the child and any other information required to the school board for the school district or governing body of a state or county residential facility in which the child resides or to the division, except as provided in par. (b). If the child is attending a public school in a nonresident school district under s. 118.51, the school board shall provide the name of the child and related information to the school board of the school district that the child is attending.
SECTION 2758g. 115.80 (1) (b) of the statutes is amended to read:
115.80 (1) (b) A person who is required to be certified or licensed under s. 115.28 (7), who is employed by the school district in which a child attends public school and who has reasonable cause to believe a child has exceptional educational needs shall report such child and any other information required to the school board of that school district. If the child is a nonresident who is attending public school in the school district under s. 118.51, the school board shall provide the name of the child and related information to the school board of the child's school district of residence.
SECTION 2758k. 115.80 (2) of the statutes is amended to read:
115.80 (2) SCHOOL DISTRICT SCREENING. Each school board is responsible for screening each child who resides in the school district and has not graduated from high school to determine if there is reasonable cause to believe that the child is a child with exceptional educational needs. If the child is attending a public school in a nonresident school district under s. 118.51 and the school board determines that there is reasonable cause to believe that the child is a child with exceptional educational needs, the school board shall provide the name of the child and related information to the school board of the school district that the child is attending.
SECTION 2758m. 115.80 (3) (a) of the statutes is amended to read:
115.80 (3) (a) The Except as provided in par. (am), the school board shall appoint a multidisciplinary team for each child reported to it under sub. (1) who resides in the school district and has not graduated from high school and for each child identified under sub. (2). A multidisciplinary team shall be composed of 2 or more persons who are skilled in assessing the exceptional educational needs that a child may have and who are skilled in programming for children with exceptional educational needs. The department state superintendent shall determine the method of appointing members to the team and may require that there be additional members. The number and specialties of additional members may depend on the exceptional educational needs that the particular child is believed to have. Before a child is sent from a state or county residential facility to a school district, the department state superintendent may require that the team for the school district to which the child may be sent include or consult with persons appointed by the governing body of the residential facility. For the evaluation of a child who resides and is receiving education only at a state or county residential facility, the multidisciplinary team shall be appointed by and make recommendations under pars. (c) and (d) to the governing body of the residential facility in which the child resides.
SECTION 2760b. 115.80 (3) (am) of the statutes is created to read:
115.80 (3) (am) If a child is attending a public school in a nonresident school district under s. 118.51, the school board of the school district that the child is attending shall appoint the multidisciplinary team under par. (a).
SECTION 2760e. 115.80 (3) (b) of the statutes is amended to read:
115.80 (3) (b) Except as provided under s. 115.81 (1) (1m) (b), the multidisciplinary team appointed under par. (a) or (am) shall, upon written parental consent, evaluate each child reported to the school board under sub. (1) who resides in the school district and has not graduated from high school and each child identified under sub. (2). If the multidisciplinary team is appointed under par. (am), as part of its evaluation of the child, the multidisciplinary team shall consult with appropriate personnel designated by the school board of the child's school district of residence.
SECTION 2760h. 115.80 (3) (d) of the statutes is amended to read:
115.80 (3) (d) The multidisciplinary team shall recommend a child to the school board for special education if it to the school board that appointed the multidisciplinary team under par. (a) or (am) if the multidisciplinary team determines that the child is a child with exceptional educational needs.
SECTION 2760k. 115.80 (4) (a) of the statutes is amended to read:
115.80 (4) (a) A school board shall appoint staff to develop an individualized education program for each child recommended to it for special education under sub. (3) (d) who is 3 years of age or older. An individualized education program establishes the education program to be provided a child with exceptional educational needs. School board staff shall review each child's individualized education program at least annually. If the child is attending a public school in a nonresident school district under s. 118.51, the school board of the school district that the child is attending shall notify the school board of the school district in which the child resides and the individualized education program for the child shall be developed, and reviewed at least annually, by staff appointed by the school board of the school district that the child is attending in collaboration with appropriate personnel designated by the school board of the school district in which the child resides.
SECTION 2760m. 115.80 (4m) of the statutes is amended to read:
115.80 (4m) EDUCATIONAL PLACEMENT. A school board shall provide an educational placement under s. 115.85 (2) for each child with exceptional educational needs to implement the child's individualized education program. Except as provided in s. 118.51 (12) (a) and (b) 2., if a child with exceptional educational needs is attending a public school in a nonresident school district under s. 118.51, the school board of the school district that the child is attending shall provide an educational placement under s. 115.85 (2) for the child. Except as provided in s. 115.81 (1) (1m) (b), a school board may not provide an educational placement for a child without the consent of the child's parent.
SECTION 2760p. 115.80 (5) (b) 3. of the statutes is amended to read:
115.80 (5) (b) 3. This paragraph does not impair a parent's right to a hearing under s. 115.81 (1) (1m) (a).
SECTION 2760r. 115.81 (1) of the statutes is renumbered 115.81 (1m).
SECTION 2760t. 115.81 (1) of the statutes is created to read:
115.81 (1) DEFINITION. In this section, except as otherwise provided, for a child attending a public school in a nonresident school district under s. 118.51, "school board" means the school board of the school district in which the child resides.
SECTION 2760v. 115.81 (2) of the statutes is amended to read:
115.81 (2) NOTICES. A school board, including the school board of a school district that a child is attending under s. 118.51, shall fully inform the parent of any action it plans to take regarding the parent's child and of all procedural safeguards available to the parent.
SECTION 2760x. 115.81 (3) of the statutes is amended to read:
115.81 (3) STATUS DURING HEARING AND COURT PROCEEDING. The A school board, including the school board of a school district that a child is attending under s. 118.51, may not change the educational placement of a child with exceptional educational needs who is the subject of a hearing or court proceeding conducted under this subchapter during the pendency of the hearing or court proceeding unless the change is made with the written consent of the child's parent. If the health or safety of the child or of other persons would be endangered by delaying the change in assignment, the change may be made earlier, upon order of the school board, but without prejudice to any rights that the child or parent may have.
SECTION 2760z. 115.81 (6) of the statutes is amended to read:
115.81 (6) HEARING AND DECISION. Upon receipt of a written request for a hearing under sub. (1) (1m), the department shall appoint an impartial hearing officer who is not otherwise employed by the department from the list maintained under sub. (4m). The hearing officer shall conduct the hearing and shall issue a decision within 45 days of the receipt of the request for the hearing under sub. (1) (1m). The hearing officer may issue subpoenas, order an independent evaluation at school board expense and grant specific extensions of time for cause at the request of either party. If the hearing officer grants an extension of time, he or she shall include that extension and the reason for the extension in the record of the proceedings. The school board shall pay the cost of the hearing officer. Sections 227.44 to 227.50 do not apply to hearings conducted under this subsection.
SECTION 2761d. 115.815 (4) (c) of the statutes is amended to read:
115.815 (4) (c) Whenever a school board receives a referral under par. (a) 4., the school board shall assign staff to determine whether the child can appropriately be placed in a special education program operated by the school district. If the assigned staff determines that the child can appropriately be placed in a special education program operated by the school district, the school board shall provide an education program for the child and is eligible for state tuition payments under s. 121.79 (1) (a). If the assigned staff determines that the child cannot appropriately be placed in a special education program operated by the school district, the school board shall keep a written record of the reasons for that determination. If there is a dispute regarding the placement of a child under this paragraph between the school board of the originating school district and the school board receiving the referral, the department state superintendent shall resolve the dispute under s. 115.85 (2m).
SECTION 2761f. 115.815 (5) of the statutes is amended to read:
115.815 (5) RULES. The department state superintendent shall promulgate rules to implement and administer this section.
SECTION 2761h. 115.83 (2) of the statutes is amended to read:
115.83 (2) A special education program may consist of such special education programs for children as to allow them to attend regular education programs, one or more special schools or preschools, special sections within a school or preschool, special instruction centers, special instruction at the home or residence of the child or at any other location or any other special education program approved by the department state superintendent.
