AB100: Bill Text Engrossed

AB100-engrossed, s. 2753x Section 2753x. 115.74 (4) of the statutes is amended to read:

AB100-engrossed,1404,21 115.74 (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.

AB100-engrossed, s. 2754 Section 2754. 115.745 of the statutes is repealed.

AB100-engrossed, s. 2754c Section 2754c. 115.75 (1) (b) (intro.) of the statutes is amended to read:

AB100-engrossed,1404,25 115.75 (1) (b) (intro.) No alternative school may receive state aid under this section unless the department state superintendent:

AB100-engrossed, s. 2754g Section 2754g. 115.75 (1) (b) 2. of the statutes is amended to read:

AB100-engrossed,1405,6 115.75 (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.

AB100-engrossed, s. 2754n Section 2754n. 115.76 (3) (intro.) of the statutes is amended to read:

AB100-engrossed,1405,11 115.76 (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:

AB100-engrossed, s. 2754r Section 2754r. 115.76 (3) (m) of the statutes is amended to read:

AB100-engrossed,1405,14 115.76 (3) (m) Any combination of conditions named by the department state superintendent or enumerated in pars. (a) to (L).

AB100-engrossed, s. 2754w Section 2754w. 115.76 (8) of the statutes is amended to read:

AB100-engrossed,1405,18 115.76 (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.

AB100-engrossed, s. 2755 Section 2755. 115.77 (1) of the statutes is amended to read:

AB100-engrossed,1405,21 115.77 (1) Appointment of administrator. The secretary state superintendent shall appoint the administrator.

AB100-engrossed, s. 2756 Section 2756. 115.77 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,1405,24 115.77 (2) Duties of administrator. (intro.) Subject to the direction of the secretary state superintendent, the administrator:

AB100-engrossed, s. 2756d Section 2756d. 115.77 (3) (a) of the statutes is amended to read:

AB100-engrossed,1406,3 115.77 (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.

AB100-engrossed, s. 2756h Section 2756h. 115.77 (3) (d) 3. of the statutes is amended to read:

AB100-engrossed,1406,7 115.77 (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.

AB100-engrossed, s. 2756p Section 2756p. 115.78 (intro.) of the statutes is amended to read:

AB100-engrossed,1406,12 115.78 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:

AB100-engrossed, s. 2756t Section 2756t. 115.781 of the statutes is amended to read:

AB100-engrossed,1406,22 115.781 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.

AB100-engrossed, s. 2757 Section 2757. 115.79 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,1406,25 115.79 (1) (intro.) The secretary state superintendent shall consult with the council on exceptional education concerning:

AB100-engrossed, s. 2758 Section 2758. 115.79 (1) (d) of the statutes is amended to read:

AB100-engrossed,1407,3 115.79 (1) (d) Any other matters upon which the secretary state superintendent wishes the council's opinion.

AB100-engrossed, s. 2758d Section 2758d. 115.80 (1) (a) of the statutes is amended to read:

AB100-engrossed,1407,14 115.80 (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.

AB100-engrossed, s. 2758g Section 2758g. 115.80 (1) (b) of the statutes is amended to read:

AB100-engrossed,1407,22 115.80 (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.

AB100-engrossed, s. 2758k Section 2758k. 115.80 (2) of the statutes is amended to read:

AB100-engrossed,1408,6 115.80 (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.

AB100-engrossed, s. 2758m Section 2758m. 115.80 (3) (a) of the statutes is amended to read:

AB100-engrossed,1408,25 115.80 (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.

AB100-engrossed, s. 2760b Section 2760b. 115.80 (3) (am) of the statutes is created to read:

AB100-engrossed,1409,4 115.80 (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).

AB100-engrossed, s. 2760e Section 2760e. 115.80 (3) (b) of the statutes is amended to read:

AB100-engrossed,1409,13 115.80 (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.

AB100-engrossed, s. 2760h Section 2760h. 115.80 (3) (d) of the statutes is amended to read:

AB100-engrossed,1409,18 115.80 (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.

AB100-engrossed, s. 2760k Section 2760k. 115.80 (4) (a) of the statutes is amended to read:

AB100-engrossed,1410,6 115.80 (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.

AB100-engrossed, s. 2760m Section 2760m. 115.80 (4m) of the statutes is amended to read:

AB100-engrossed,1410,16 115.80 (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.

AB100-engrossed, s. 2760p Section 2760p. 115.80 (5) (b) 3. of the statutes is amended to read:

AB100-engrossed,1410,19 115.80 (5) (b) 3. This paragraph does not impair a parent's right to a hearing under s. 115.81 (1) (1m) (a).

AB100-engrossed, s. 2760r Section 2760r. 115.81 (1) of the statutes is renumbered 115.81 (1m).

AB100-engrossed, s. 2760t Section 2760t. 115.81 (1) of the statutes is created to read:

AB100-engrossed,1410,24 115.81 (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.

AB100-engrossed, s. 2760v Section 2760v. 115.81 (2) of the statutes is amended to read:

AB100-engrossed,1411,4 115.81 (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.

AB100-engrossed, s. 2760x Section 2760x. 115.81 (3) of the statutes is amended to read:

AB100-engrossed,1411,14 115.81 (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.

AB100-engrossed, s. 2760z Section 2760z. 115.81 (6) of the statutes is amended to read:

AB100-engrossed,1412,2 115.81 (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.

AB100-engrossed, s. 2761d Section 2761d. 115.815 (4) (c) of the statutes is amended to read:

AB100-engrossed,1412,15 115.815 (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).

AB100-engrossed, s. 2761f Section 2761f. 115.815 (5) of the statutes is amended to read:

AB100-engrossed,1412,18 115.815 (5) Rules. The department state superintendent shall promulgate rules to implement and administer this section.

AB100-engrossed, s. 2761h Section 2761h. 115.83 (2) of the statutes is amended to read:

AB100-engrossed,1412,25 115.83 (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.

AB100-engrossed, s. 2761p Section 2761p. 115.83 (5) of the statutes is amended to read:

AB100-engrossed,1413,5 115.83 (5) The courses, qualifications of teachers, coordinators, social workers and school psychologists and plan of organizing and maintaining special education programs and other services shall comply with requirements established by the department state superintendent.

AB100-engrossed, s. 2761t Section 2761t. 115.85 (1) (b) of the statutes is amended to read:

AB100-engrossed,1413,10 115.85 (1) (b) A school district may provide special education for preschool children under the age of 3 years and instruction for their parents. Such special education shall be subject to the approval of and shall comply with requirements established by the department state superintendent.

AB100-engrossed, s. 2762g Section 2762g. 115.85 (1) (e) of the statutes is created to read:

AB100-engrossed,1413,16 115.85 (1) (e) Notwithstanding par. (a) and 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 ensure that appropriate special education programs and related services are available to the child.

AB100-engrossed, s. 2762r Section 2762r. 115.85 (2) (a) of the statutes is amended to read:

AB100-engrossed,1413,21 115.85 (2) (a) If the school district that the child attends, the county program in which the child resides school district participates or the cooperative educational service agency for the school district in which the child resides operates an appropriate special education program, the child shall be placed in such program.

AB100-engrossed, s. 2763m Section 2763m. 115.85 (2) (c) 1. of the statutes is amended to read:

AB100-engrossed,1413,24 115.85 (2) (c) 1. Upon the approval of the department state superintendent, the child may be placed in a public special education program located in another state.

AB100-engrossed, s. 2764 Section 2764. 115.85 (2) (c) 2. (intro.) of the statutes is amended to read:

AB100-engrossed,1414,4 115.85 (2) (c) 2. (intro.) The department state superintendent shall approve a placement in a public special education program located in another state if the department he or she determines that the program is appropriate to meet the child's exceptional educational needs and that:

AB100-engrossed, s. 2764m Section 2764m. 115.85 (2) (d) of the statutes is amended to read:

AB100-engrossed,1414,14 115.85 (2) (d) To provide a special education program which is appropriate to the child's needs, the school board may, upon approval of the department state superintendent and if no equivalent public program is available, contract with a private special education service if the placement is warranted on the basis of a less restrictive environment alternative. Private special education services provided under this subchapter may not include religious or sectarian teachings or instruction. If the local school board utilizes the placement option under this paragraph, the school district of residence and not the county of residence shall pay tuition charges for exceptional children.

AB100-engrossed, s. 2765m Section 2765m. 115.85 (2) (f) of the statutes is created to read:

AB100-engrossed,1414,21 115.85 (2) (f) 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 appropriate educational placement for the child under this subsection and shall pay tuition charges instead of the school district in which the child resides if any of the placement options under pars. (am) to (d) are utilized.

AB100-engrossed, s. 2766 Section 2766. 115.85 (2m) of the statutes is amended to read:

AB100-engrossed,1415,5 115.85 (2m) Placement disputes. If a dispute arises between the school board and the department of health and family services, the department of corrections or a county department under s. 46.215, 46.22 or 46.23, or between school boards under s. 115.815 (4) (c), over the placement of a child in an appropriate program under sub. (2), the department state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under s. 48.48 (4) (17) (a) 3., 48.57 (1) (c), 938.48 (4) or 938.57 (1) (c) and to placements in child caring institutions made under s. 115.815.

AB100-engrossed, s. 2766am Section 2766am. 115.85 (3) (a), (c) and (d) of the statutes are amended to read:

AB100-engrossed,1415,13 115.85 (3) (a) The total number of children who reside in the school district and the total number of children who attend the school district under s. 118.51 who have been placed in special education programs under s. 115.85 (2), the exceptional educational needs of each such child and the school attended or special education received by each such child. The report shall also specify the number of children with exceptional educational needs who are known to the school district and who are under the age of 3 years and the exceptional educational needs of each such child.

AB100-engrossed,1415,17 (c) A description of the special education programs in which children who reside in the school district or who attend the school district under s. 118.51 have been placed under sub. (2), the number of persons attending each pursuant to sub. (2) and the qualifications of the staff of each such special education program.

AB100-engrossed,1415,21 (d) An evaluation, in terms of the goals identified under s. 115.78 (5), of the progress made by each special education program in which children who reside in the school district or who attend the school district under s. 118.51 are placed under sub. (2).

AB100-engrossed, s. 2767b Section 2767b. 115.86 (5) (d) of the statutes is amended to read:

AB100-engrossed,1416,6 115.86 (5) (d) Annually by October 1, the board and the school boards of the school districts participating in the county program shall submit a report to the department state superintendent that specifies the portion of each school day that each pupil enrolled in the county program who is also enrolled in the school district of the pupil's residence spent in county program classes in the previous school year and the portion of the school day that the pupil spent in school district classes in the previous school year. The department state superintendent shall develop guidelines for a full-time equivalency methodology. The department state superintendent is not required to promulgate the guidelines as rules.

AB100-engrossed, s. 2767e Section 2767e. 115.86 (7) (a) of the statutes is amended to read: