AB100-engrossed,1401,2511
115.52
(3) All the blind and the deaf residents of this state 6 to 20 years old,
12and for the duration of a school term all the blind or deaf residents of this state who
13become 21 years old during that school term, who are capable of receiving instruction
14shall be received and taught in the schools free of charge. Like nonresident pupils
15also may be received upon payment in advance of the fees fixed by the
department 16state superintendent at an amount not less than $75 per month, but no nonresident
17shall be received to the exclusion of a resident pupil. The
department state
18superintendent also may admit pupils who are 21 years of age or older prior to the
19beginning of a school term upon the payment of fees fixed by the superintendent and
20upon the recommendation of the secretary of health and family services, the director
21of the technical college system or the superintendent of the school to which the pupil
22will be assigned. All pupils shall equally and freely enjoy the benefits and privileges
23of the schools and have the use of the library and books of instruction and receive
24board, lodging and laundry, without discrimination. The schools may provide
25transportation for resident pupils.
AB100-engrossed,1402,72
115.52
(5) The
department state superintendent may grant approval for the
3maintenance of a summer school at the school for the deaf whenever it will be to the
4advantage of deaf persons and may grant approval for the maintenance of a summer
5school at the school for the visually handicapped whenever it will be to the advantage
6of visually handicapped minors. There shall be a summer school each year at the
7school for the visually handicapped for visually handicapped adults.
AB100-engrossed,1402,139
115.52
(6) The
department state superintendent may make charges for meals,
10living quarters, laundry and other services furnished to employes of the schools and
11their families. The
department state superintendent also may make charges for
12services furnished to visitors at the schools and participants in training programs
13and institutes.
AB100-engrossed,1402,16
15115.53 (title)
Department
State superintendent; powers. (intro.) The
16department state superintendent may:
AB100-engrossed,1402,2518
115.53
(4) (b) The net cost of hospital treatment shall be at the rate established
19under s. 233.40 (1) and shall be chargeable to the appropriation for operating the
20patient's school. The
department state superintendent likewise may authorize
21payment for the expense of transporting patients to and from the hospital. The
22department state superintendent shall make payments for the treatment to the
23University of Wisconsin Hospitals and Clinics Authority. Funds collected by the
24department state superintendent on account of the hospitalization shall be deposited
25in the appropriation under s. 20.255 (1) (b) for the school concerned.
AB100-engrossed,1403,52
115.53
(5) Arrange for visits by members of the staff of either school to other
3public schools or to families of blind or deaf children, whenever it appears to the
4department state superintendent that such visits will be of advantage to blind or deaf
5children.
AB100-engrossed,1403,13
7115.55 Library for the blind and visually handicapped. Embossed, clear
8type or large type text books acquired by the school for the visually handicapped shall
9constitute a circulating collection for the blind and visually handicapped. The
10collection shall be kept at the school and be under the supervision of its
11superintendent. All blind and visually handicapped school age children of the state
12may use such books upon compliance with rules made by the superintendent and
13approved by the
department state superintendent.
AB100-engrossed,1403,22
15115.58 Park grounds. The
department state superintendent may permit the
16city of Janesville to use portions of the grounds of the state school for the visually
17handicapped at Janesville, which abut on the Rock river, for purposes of operating
18a city park. Any construction on such grounds is subject to prior approval by the
19department state superintendent. Any agreement pursuant hereto shall be
20cancelable at the option of either party without liability. Any such grounds so used
21by the city of Janesville shall be supervised by the city and shall be subject to the
22ordinances of the city of Janesville applicable to city parks.
AB100-engrossed,1404,3
1115.71
(2) (d) Determined to be an Indian under rules promulgated by the
2department in coordination with the board state superintendent under s. 115.28 (17)
3(c).
AB100-engrossed,1404,76
115.74
(1) (intro.) On or before July 1 in every even-numbered year, the
7department, in coordination with the board, state superintendent shall:
AB100-engrossed,1404,139
115.74
(2) (intro.) Annually, on or before July 1, the
department, in
10coordination with the board, state superintendent shall evaluate all available
11resources and programs which are or could be directed toward meeting the
12educational needs of American Indian pupils. The evaluation shall include
13information on:
AB100-engrossed,1404,2115
115.74
(4) The
department, in coordination with the board, state
16superintendent shall prepare a biennial report which shall be included as an
17addendum to the department's biennial report under s. 15.04 (1) (d). The report shall
18include the results of the most recent assessment of needs and evaluation of
19programs under sub. (1), the evaluation of resources under sub. (2) and
20recommendations for legislation in the area of American Indian language and
21culture education.
AB100-engrossed,1404,2524
115.75
(1) (b) (intro.) No alternative school may receive state aid under this
25section unless the
department state superintendent:
AB100-engrossed,1405,62
115.75
(1) (b) 2. Certifies that the alternative school has met the requirements
3of ss. 115.73 and 115.735 and has submitted a report to the
department state
4superintendent which includes a description of all expenditures made in the prior
5year in connection with the program, a budget for the current year for the program
6and the number of pupils who have completed the fall semester in the program.
AB100-engrossed,1405,118
115.76
(3) (intro.) "Child with exceptional educational needs" means a child
9with any of the following conditions, or such other conditions as the
department state
10superintendent determines, who may require educational services to supplement or
11replace regular education:
AB100-engrossed,1405,1413
115.76
(3) (m) Any combination of conditions named by the
department state
14superintendent or enumerated in pars. (a) to (L).
AB100-engrossed,1405,1816
115.76
(8) "Reduced program" means any program which has decreased its
17educational services, facilities or staff in the manner and degree specified in written
18standards issued by the
department state superintendent.
AB100-engrossed,1405,2120
115.77
(1) Appointment of administrator. The
secretary state superintendent 21shall appoint the administrator.
AB100-engrossed,1405,2423
115.77
(2) Duties of administrator. (intro.) Subject to the direction of the
24secretary state superintendent, the administrator:
AB100-engrossed,1406,3
1115.77
(3) (a) Services for children with exceptional educational needs who are
2under the jurisdiction of the
department state superintendent and for the Wisconsin
3school for the deaf and the Wisconsin school for the visually handicapped.
AB100-engrossed,1406,75
115.77
(3) (d) 3. Recommending to the
department state superintendent 6standards for certification of personnel whom the
department state superintendent 7determines to be involved in the education of children described in this paragraph.
AB100-engrossed,1406,12
9115.78 State exceptional educational needs plan. (intro.) The
10department state superintendent shall annually issue and make public a state plan
11for the education of children with exceptional educational needs. The state plan shall
12include:
AB100-engrossed,1406,22
14115.781 Reports of service to handicapped children. The
department 15state superintendent shall report to the governor, the joint committee on finance and
16the chief clerk of each house of the legislature, for distribution to the appropriate
17standing committees under s. 13.172 (3), the state's progress toward achieving full
18service to handicapped children under the education for all handicapped children act
19of 1975 (P.L.
94-142). The
department state superintendent shall submit reports
20under this section within 45 days of the collection of data for the submission of the
21report of handicapped children receiving special education and related services, or
22its successor forms, as required under P.L.
94-142.
AB100-engrossed,1406,2524
115.79
(1) (intro.) The
secretary
state superintendent shall consult with the
25council on exceptional education concerning:
AB100-engrossed,1407,32
115.79
(1) (d) Any other matters upon which the
secretary state
3superintendent wishes the council's opinion.
AB100-engrossed,1407,145
115.80
(1) (a) A parent or a physician, nurse, teacher at a state or county
6residential facility, psychologist, social worker or administrator of a social agency
7who has reasonable cause to believe that a child brought to him or her for services
8has exceptional educational needs shall report the name of the child and any other
9information required to the school board for the
school district or governing body of
10a state or county residential facility in which the child resides or to the division,
11except as provided in par. (b).
If the child is attending a public school in a nonresident
12school district under s. 118.51, the school board shall provide the name of the child
13and related information to the school board of the school district that the child is
14attending.
AB100-engrossed,1407,2216
115.80
(1) (b) A person who is required to be certified or licensed under s. 115.28
17(7), who is employed by the school district in which a child attends public school and
18who has reasonable cause to believe a child has exceptional educational needs shall
19report such child and any other information required to the school board
of that
20school district. If the child is a nonresident who is attending public school in the
21school district under s. 118.51, the school board shall provide the name of the child
22and related information to the school board of the child's school district of residence.
AB100-engrossed,1408,624
115.80
(2) School district screening. Each school board is responsible for
25screening each child who resides in the school district and has not graduated from
1high school to determine if there is reasonable cause to believe that the child is a child
2with exceptional educational needs.
If the child is attending a public school in a
3nonresident school district under s. 118.51 and the school board determines that
4there is reasonable cause to believe that the child is a child with exceptional
5educational needs, the school board shall provide the name of the child and related
6information to the school board of the school district that the child is attending.
AB100-engrossed,1408,258
115.80
(3) (a)
The Except as provided in par. (am), the school board shall appoint
9a multidisciplinary team for each child reported to it under sub. (1) who resides in
10the school district and has not graduated from high school and for each child
11identified under sub. (2). A multidisciplinary team shall be composed of 2 or more
12persons who are skilled in assessing the exceptional educational needs that a child
13may have and who are skilled in programming for children with exceptional
14educational needs. The
department state superintendent shall determine the
15method of appointing members to the team and may require that there be additional
16members. The number and specialties of additional members may depend on the
17exceptional educational needs that the particular child is believed to have. Before
18a child is sent from a state or county residential facility to a school district, the
19department state superintendent may require that the team for the school district
20to which the child may be sent include or consult with persons appointed by the
21governing body of the residential facility. For the evaluation of a child who resides
22and is receiving education only at a state or county residential facility, the
23multidisciplinary team shall be appointed by and make recommendations under
24pars. (c) and (d) to the governing body of the residential facility in which the child
25resides.
AB100-engrossed,1409,42
115.80
(3) (am) If a child is attending a public school in a nonresident school
3district under s. 118.51, the school board of the school district that the child is
4attending shall appoint the multidisciplinary team under par. (a).
AB100-engrossed,1409,136
115.80
(3) (b) Except as provided under s. 115.81
(1) (1m) (b), the
7multidisciplinary team appointed under par. (a)
or (am) shall, upon written parental
8consent, evaluate each child reported to the school board under sub. (1) who resides
9in the school district and has not graduated from high school and each child
10identified under sub. (2).
If the multidisciplinary team is appointed under par. (am),
11as part of its evaluation of the child, the multidisciplinary team shall consult with
12appropriate personnel designated by the school board of the child's school district of
13residence.
AB100-engrossed,1409,1815
115.80
(3) (d) The multidisciplinary team shall recommend a child
to the school
16board for special education
if it to the school board that appointed the
17multidisciplinary team under par. (a) or (am) if the multidisciplinary team 18determines that the child is a child with exceptional educational needs.
AB100-engrossed,1410,620
115.80
(4) (a) A school board shall appoint staff to develop an individualized
21education program for each child recommended to it for special education under sub.
22(3) (d) who is 3 years of age or older. An individualized education program establishes
23the education program to be provided a child with exceptional educational needs.
24School board staff shall review each child's individualized education program at least
25annually.
If the child is attending a public school in a nonresident school district
1under s. 118.51, the school board of the school district that the child is attending shall
2notify the school board of the school district in which the child resides and the
3individualized education program for the child shall be developed, and reviewed at
4least annually, by staff appointed by the school board of the school district that the
5child is attending in collaboration with appropriate personnel designated by the
6school board of the school district in which the child resides.
AB100-engrossed,1410,168
115.80
(4m) Educational placement. A school board shall provide an
9educational placement under s. 115.85 (2) for each child with exceptional educational
10needs to implement the child's individualized education program.
Except as
11provided in s. 118.51 (12) (a) and (b) 2., if a child with exceptional educational needs
12is attending a public school in a nonresident school district under s. 118.51, the school
13board of the school district that the child is attending shall provide an educational
14placement under s. 115.85 (2) for the child. Except as provided in s. 115.81
(1) (1m) 15(b), a school board may not provide an educational placement for a child without the
16consent of the child's parent.
AB100-engrossed,1410,1918
115.80
(5) (b) 3. This paragraph does not impair a parent's right to a hearing
19under s. 115.81
(1) (1m) (a).
AB100-engrossed,1410,2422
115.81
(1) Definition. In this section, except as otherwise provided, for a child
23attending a public school in a nonresident school district under s. 118.51, "school
24board" means the school board of the school district in which the child resides.
AB100-engrossed,1411,4
1115.81
(2) Notices. A school board
, including the school board of a school
2district that a child is attending under s. 118.51, shall fully inform the parent of any
3action it plans to take regarding the parent's child and of all procedural safeguards
4available to the parent.
AB100-engrossed,1411,146
115.81
(3) Status during hearing and court proceeding. The A school board
,
7including the school board of a school district that a child is attending under s. 118.51, 8may not change the educational placement of a child with exceptional educational
9needs who is the subject of a hearing or court proceeding conducted under this
10subchapter during the pendency of the hearing or court proceeding unless the change
11is made with the written consent of the child's parent. If the health or safety of the
12child or of other persons would be endangered by delaying the change in assignment,
13the change may be made earlier, upon order of the school board, but without
14prejudice to any rights that the child or parent may have.
AB100-engrossed,1412,216
115.81
(6) Hearing and decision. Upon receipt of a written request for a
17hearing under sub.
(1) (1m), the department shall appoint an impartial hearing
18officer who is not otherwise employed by the department from the list maintained
19under sub. (4m). The hearing officer shall conduct the hearing and shall issue a
20decision within 45 days of the receipt of the request for the hearing under sub.
(1) 21(1m). The hearing officer may issue subpoenas, order an independent evaluation at
22school board expense and grant specific extensions of time for cause at the request
23of either party. If the hearing officer grants an extension of time, he or she shall
24include that extension and the reason for the extension in the record of the
1proceedings. The school board shall pay the cost of the hearing officer. Sections
2227.44 to 227.50 do not apply to hearings conducted under this subsection.
AB100-engrossed,1412,154
115.815
(4) (c) Whenever a school board receives a referral under par. (a) 4., the
5school board shall assign staff to determine whether the child can appropriately be
6placed in a special education program operated by the school district. If the assigned
7staff determines that the child can appropriately be placed in a special education
8program operated by the school district, the school board shall provide an education
9program for the child and is eligible for state tuition payments under s. 121.79 (1) (a).
10If the assigned staff determines that the child cannot appropriately be placed in a
11special education program operated by the school district, the school board shall keep
12a written record of the reasons for that determination. If there is a dispute regarding
13the placement of a child under this paragraph between the school board of the
14originating school district and the school board receiving the referral, the
15department state superintendent shall resolve the dispute under s. 115.85 (2m).
AB100-engrossed,1412,1817
115.815
(5) Rules. The
department state superintendent shall promulgate
18rules to implement and administer this section.
AB100-engrossed,1412,2520
115.83
(2) A special education program may consist of such special education
21programs for children as to allow them to attend regular education programs, one or
22more special schools or preschools, special sections within a school or preschool,
23special instruction centers, special instruction at the home or residence of the child
24or at any other location or any other special education program approved by the
25department state superintendent.
AB100-engrossed,1413,52
115.83
(5) The courses, qualifications of teachers, coordinators, social workers
3and school psychologists and plan of organizing and maintaining special education
4programs and other services shall comply with requirements established by the
5department state superintendent.