AB100: Bill Text Engrossed

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:

AB100-engrossed,1416,19 115.86 (7) (a) The school board of any district which is included under the administration of a board may withdraw from participation in any part of the program only with the approval of the department state superintendent after conference with the board and a determination by the department state superintendent that such withdrawal is in the interest of the program in the county and the school district affected. Such withdrawal shall be effective only if the school board has the approval of the division to establish an equivalent part of a program. Such withdrawal shall be effective either December 31 or June 30 provided that 12 months' notice has been given to the board. The withdrawing school district shall be liable for its proportionate share of all operating costs until its withdrawal becomes effective, shall continue to be liable for its share of debt incurred while it was a participant and shall receive no share in the assets.

AB100-engrossed, s. 2767g Section 2767g. 115.86 (8) of the statutes is amended to read:

AB100-engrossed,1417,4 115.86 (8) Transportation. The board may promulgate a plan for the transportation at county expense of children who are participating in special education programs under this section, special education programs operated at day care centers or special education programs operated by a private organization within whose attendance area the child resides and which is situated not more than 5 miles beyond the boundaries of the area the board serves, as measured along the usually traveled route. The plan, upon approval of the department state superintendent, shall govern the transportation of such children. Any such plan for transportation during the school term supersedes ss. 115.88 and 121.54 (3).

AB100-engrossed, s. 2767j Section 2767j. 115.86 (11) of the statutes is amended to read:

AB100-engrossed,1417,7 115.86 (11) Violations. The department state superintendent shall withhold aid from any board that is in violation of this section.

AB100-engrossed, s. 2767kg Section 2767kg. 115.87 (1) of the statutes is renumbered 115.87 (2).

AB100-engrossed, s. 2767kr Section 2767kr. 115.87 (1) of the statutes is created to read:

AB100-engrossed,1417,13 115.87 (1) In this section, if a child with exceptional educational needs is attending a public school in a nonresident school district under s. 118.51, "school district in which the child resides" and "school district of residence" mean the school district that the child attends under s. 118.51.

AB100-engrossed, s. 2767L Section 2767L. 115.87 (8) of the statutes is amended to read:

AB100-engrossed,1417,21 115.87 (8) Upon the advance approval of the department state superintendent, the school board of any district may place a child in a special education program outside this state in accordance with s. 115.85 (2) (c) or a special education program operated by a private, nonsectarian special education service either within or outside the state in accordance with s. 115.85 (2) (d). The school district of residence shall pay the tuition and transportation in accordance with the procedure established for the payment of tuition by the school district under s. 121.78.

AB100-engrossed, s. 2767p Section 2767p. 115.88 (1) of the statutes is amended to read:

AB100-engrossed,1418,9 115.88 (1) Program aid. (am) If, upon receipt of the report under s. 115.84, the department state superintendent is satisfied that the special education program has been maintained during the preceding school year in accordance with law, the department state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency and school district maintaining such special education program a sum equal to 63% of the amount expended by the county, agency and school district during the preceding year for salaries of personnel enumerated in s. 115.83 (1), including the salary portion of any authorized contract for physical or occupational therapy services, except as provided in par. (b), and other expenses approved by the department state superintendent. The department of administration shall pay such amounts to the county, agency and school district from the appropriation under s. 20.255 (2) (b).

AB100-engrossed,1418,15 (b) Salaries of licensed school psychologists and licensed school social workers shall be reimbursed at 51% without regard to whether they are employed in a program for handicapped children. The school district, county handicapped children's education board or cooperative educational service agency shall include in the report under s. 115.84 any information required by the department state superintendent relating to use of a school psychologist or school social worker.

AB100-engrossed, s. 2767s Section 2767s. 115.88 (2) of the statutes is amended to read:

AB100-engrossed,1419,6 115.88 (2) Transportation aid. If upon receipt of the report under s. 115.84 the department state superintendent is satisfied that the transportation of children with exceptional educational needs has been maintained during the preceding year in accordance with the law, the department state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency or school district transporting such pupils 63% of the amount expended for such transportation. Pupils for whom aid is paid under this subsection shall not be eligible for aid under s. 121.58 (2) or (4). The department of administration shall pay such amounts to the county, agency or school district from the appropriations under s. 20.255 (2) (b) and (u) (br). This subsection applies to any child with exceptional educational needs who requires special assistance in transportation, including any such child attending regular classes who requires special or additional transportation. This subsection does not apply to any child with exceptional educational needs attending regular or special classes who does not require any special or additional transportation.

AB100-engrossed, s. 2767u Section 2767u. 115.88 (6) of the statutes is amended to read:

AB100-engrossed,1419,12 115.88 (6) Aid for instruction outside of district. From the appropriation under s. 20.255 (2) (b) there shall be paid the full cost of salary and travel expenses, in amounts determined in advance by the department state superintendent, to school districts for providing special education outside the school district of employment.

AB100-engrossed, s. 2767w Section 2767w. 115.88 (8) of the statutes is amended to read:

AB100-engrossed,1419,24 115.88 (8) Enrollment out of state. If a child with exceptional educational needs is enrolled in a public special education program under s. 115.85 (2) (c) 2. and the department state superintendent is satisfied that the program in which the child is enrolled complies with this subchapter, the department state superintendent shall certify to the department of administration in favor of the school district of residence in which the child resides or the school district attended by the child under s. 118.51 a sum equal to the percentage of the approved costs under subs. (1) and (2) of the amount expended by the school district during the preceding year for the additional costs associated with the child's special education program. The department of administration shall pay the amount to the school district from the appropriation under s. 20.255 (2) (b).

AB100-engrossed, s. 2767x Section 2767x. 115.882 of the statutes is amended to read:

AB100-engrossed,1420,5 115.882 Proration of state aid. If the sum of the appropriations under s. 20.255 (2) (b) and (u) (br) in any one year is insufficient to pay the full amount of aid under ss. 115.88 and 118.255, state aid payments shall be prorated among the counties, school districts and cooperative educational service agencies entitled thereto.

AB100-engrossed, s. 2768 Section 2768. 115.89 of the statutes is amended to read:

AB100-engrossed,1420,13 115.89 Noncomplying school district; remedies. (1) If, after a public hearing in the school district or as the result of a monitoring procedure or a complaint investigation, the department state superintendent finds that a school board has violated this subchapter or the rules promulgated under this subchapter, the department state superintendent may make recommendations to the school board to remedy the violation and may require the school board to submit a remedial plan incorporating such recommendations.

AB100-engrossed,1420,19 (3) If, after consultation with the school board, the department state superintendent finds that the remedial plan has not incorporated the department's his or her recommendations, or that its implementation has been inadequate to ensure compliance with this subchapter and the rules promulgated under this subchapter, the department state superintendent shall request the attorney general to proceed against the school district for injunctive or other appropriate relief.

AB100-engrossed, s. 2768k Section 2768k. 115.92 (1) of the statutes is amended to read:

AB100-engrossed,1421,2 115.92 (1) Any school board may establish a program for school age parents who are residents of the school district. The program shall be designed to provide services and instruction to meet the needs of school age parents, including education on the skills required of a parent; family planning, as defined in s. 253.07 (1) (a), including natural family planning; and information on adoption services. The program shall be coordinated with existing vocational and job training programs in the school district.

AB100-engrossed, s. 2768m Section 2768m. 115.92 (3) of the statutes is amended to read:

AB100-engrossed,1421,6 115.92 (3) The department state superintendent shall by rule establish criteria for the approval of programs established under this subchapter for the purpose of determining those programs eligible for aid under s. 115.93.

AB100-engrossed, s. 2769 Section 2769. 115.93 (1) of the statutes is amended to read:

AB100-engrossed,1421,17 115.93 (1) Except as provided under sub. (2), if upon receipt of the reports under s. 115.92 (2) the department state superintendent is satisfied that the school age parents program has been maintained during the preceding school year in accordance with the rules under s. 115.92 (3), the department state superintendent shall certify to the department of administration in favor of each school district maintaining the program a sum equal to 63% of the amount expended by the school district during the preceding school year for salaries of teachers and instructional aides, special transportation and other expenses approved by the department state superintendent. The department of administration shall pay such amounts to the school district from the appropriation under s. 20.255 (2) (b).

AB100-engrossed, s. 2769c Section 2769c. 115.955 (3) to (7) of the statutes are amended to read:

AB100-engrossed,1421,20 115.955 (3) "Bilingual counselor" means a certified school counselor approved by the department state superintendent under s. 115.28 (15) (a).

AB100-engrossed,1421,23 (4) "Bilingual counselor's aide" means a person who is employed to assist a counselor and who is approved by the department state superintendent under s. 115.28 (15) (a).

AB100-engrossed,1421,25 (5) "Bilingual teacher" means a certified teacher approved by the department state superintendent under s. 115.28 (15) (a).