AB674,34,75
(f) At the discretion of the parent or the local educational agency, other
6individuals who have knowledge or special expertise about the child, including
7related services personnel as appropriate.
AB674,34,88
(g) Whenever appropriate, the child.
AB674,34,10
9(2) Duties of Team. The individualized education program team shall do all of
10the following:
AB674,34,1311
(a) Evaluate the child under s. 115.782 to determine the child's eligibility or
12continued eligibility for special education and related services and the educational
13needs of the child.
AB674,34,1414
(b) Develop an individualized education program for the child under s. 115.787.
AB674,34,1515
(c) Determine the special education placement for the child under s. 115.79.
AB674,34,19
16(3) Timeline. (a) The local educational agency shall notify the parents of the
17educational placement of their child within 90 days after the local educational
18agency receives a special education referral for the child under s. 115.777 or initiates
19a reevaluation of the child under s. 115.782 (4).
AB674,34,2320
(b) Before the expiration of the 90-day period, if a local educational agency
21needs an extension, it shall inform the child's parent of the need and reasons for an
22extension and request the child's parent to agree in writing to a specific extension of
23time beyond the 90-day period.
AB674,35,524
(c) If the parent does not agree to an extension, the local educational agency
25may request an extension from the division. The local educational agency shall
1inform the division of the reasons for the request. The division may grant a specific
2extension of time beyond the 90-day period if the local educational agency shows that
3it has acted in good faith and that there is good cause to grant the extension. If the
4division grants an extension, it shall notify the parent of the extension and the
5reasons for granting it.
AB674,35,106
(d) Subject to pars. (a) to (c), if the parents of the child or the local educational
7agency staff determines at any point during the process of the evaluation,
8development of the individualized education program or placement of the child that
9additional time is needed to permit meaningful parental participation, the local
10educational agency shall provide it.
AB674,35,15
11(4) At the beginning of any meeting to address the evaluation, individualized
12education program or placement of a child, the local educational agency staff shall
13inform the child's parents of their right to be provided with additional time under
14sub. (3) (d) and their right to a copy of the evaluation report under s. 115.782 (3) (b)
15or (c).
AB674,35,19
16115.782 Evaluations. (1) Notice; consent. (a) The local educational agency
17shall notify the parents of the child, in accordance with s. 115.792, of any evaluation
18procedures the agency proposes to conduct, the qualifications of the individuals who
19will conduct the evaluation and their names, if known.
AB674,35,2520
(b) The local educational agency proposing to conduct an initial evaluation
21shall obtain informed consent from the child's parent before the evaluation is
22conducted. Parental consent for the evaluation does not constitute consent for
23placement for receipt of special education and related services. If the child's parents
24do not consent to the evaluation, the local educational agency may continue to pursue
25an evaluation by using the procedures under s. 115.797 or 115.80.
AB674,36,5
1(
2)
Conduct of evaluation. (a) In conducting the evaluation, the
2individualized education program team shall not use any single procedure as the sole
3criterion for determining whether a child is a child with a disability or for
4determining an appropriate educational program for the child. The individualized
5education program team shall do all of the following:
AB674,36,116
1. Use a variety of assessment tools and strategies to gather relevant functional
7and developmental information, including information provided by the child's
8parent, that may assist in determining whether the child is a child with a disability
9and the content of the child's individualized education program, including
10information related to enabling the child to be involved in and progress in the general
11curriculum or, for preschool children, to participate in appropriate activities.
AB674,36,1312
2. Use technically sound instruments that may assess the relative contribution
13of cognitive and behavioral factors, in addition to physical or developmental factors.
AB674,36,1414
3. Ensure all of the following:
AB674,36,1815
a. That tests and other evaluation materials used to assess a child under this
16section are selected and administered so as not to be racially or culturally
17discriminatory and are provided and administered in the child's native language or
18other mode of communication, unless it is clearly not feasible to do so.
AB674,36,2219
b. That any standardized tests that are given to the child have been validated
20for the specific purpose for which they are used, are administered by trained and
21knowledgeable personnel and are administered in accordance with any instructions
22provided by the producer of such tests.
AB674,36,2323
c. That the child is assessed in all areas of suspected disability.
AB674,36,2524
d. That assessment tools and strategies that provide relevant information that
25directly assists persons in determining the educational needs of the child are used.
AB674,37,4
1(b) As part of an initial evaluation of a child and as part of any reevaluation of
2a child under sub. (4), the individualized education program team and other qualified
3professionals, as determined by the local educational agency, shall do all of the
4following:
AB674,37,85
1. Review existing evaluation data on the child, including evaluations and
6information provided by the child's parents, previous interventions and the effects
7of those interventions, current classroom-based assessments and observations, and
8observations by teachers and related services providers.
AB674,37,119
2. On the basis of that review and information provided by the child's parents,
10identify the additional data, if any, that are needed, and the qualifications of the
11evaluators that are needed, to determine all of the following:
AB674,37,1312
a. Whether the child has a particular category of disability or, in case of a
13reevaluation of a child, whether the child continues to have such a disability.
AB674,37,1414
b. The present levels of performance and educational needs of the child.
AB674,37,1715
c. Whether the child needs special education and related services, or in the case
16of a reevaluation of a child, whether the child continues to need special education and
17related services.
AB674,37,2118
d. Whether any additions or modifications to the special education and related
19services are needed to enable the child to meet the measurable, annual goals
20specified in the child's individualized education program and to participate, as
21appropriate, in the general curriculum.
AB674,37,2422
(c) The local educational agency shall administer such tests and other
23evaluation materials as may be needed to produce the data identified under par. (b)
242.
AB674,38,5
1(d) If the child being evaluated is attending a public school in a nonresident
2school district under s. 118.51, as part of its initial evaluation of the child and as part
3of any reevaluation of the child under sub. (4), the individualized education program
4team shall collaborate with appropriate personnel designated by the school board of
5the child's school district of residence.
AB674,38,12
6(3) Determination of eligibility for special education. (a) Upon the
7completion of the administration of tests and other evaluation materials, the
8individualized education program team shall determine whether the child is a child
9with a disability. The individualized education program team may not determine
10that a child is a child with a disability solely because the child has received
11insufficient instruction in reading or math or because the child has limited
12proficiency in English.
AB674,38,2113
(b) If the individualized education program team determines that a child is a
14child with a disability, the team shall prepare an evaluation report that includes
15documentation of determination of eligibility. If the child's parents request a copy
16of the evaluation report at any point in the process of developing the child's
17individualized education program or considering the child's educational placement,
18the local educational agency shall give a copy of the report to the child's parents
19before continuing with the process. If the child's parents do not request a copy of the
20evaluation report, the local educational agency shall give a copy to the child's parents
21with the notice of placement under s. 115.792 (2).
AB674,39,322
(c) If the individualized education program team determines that a child is not
23a child with a disability, the team shall prepare an evaluation report. The report shall
24identify any educational needs of the child and any services offered by the local
25educational agency from which the child may benefit and shall include information
1about any programs and services, other than those offered by the local educational
2agency, that may benefit the child. The local educational agency shall give a copy of
3the evaluation report to the child's parents with the notice under s. 115.792 (1) (b).
AB674,39,5
4(4) Reevaluations. (a) A local educational agency shall ensure that the
5individualized education program team does all of the following:
AB674,39,76
1. Evaluates a child with a disability in accordance with this section before
7determining that the child is no longer a child with a disability.
AB674,39,108
2. Reevaluates a child with a disability in accordance with this section if the
9local educational agency determines that conditions warrant a reevaluation or if the
10child's parent or teacher requests a reevaluation, but at least once every 3 years.
AB674,39,1411
(b) The local educational agency shall obtain informed consent from the child's
12parent before reevaluating a child with a disability, except that such consent need
13not be obtained if the local educational agency has taken reasonable measures to
14obtain such consent and the child's parents have failed to respond.
AB674,39,2215
(c) If the individualized education program team and other qualified
16professionals, as determined by the local educational agency, find under sub. (2) (b)
172. that no additional data are needed to determine whether the child continues to be
18a child with a disability, the local educational agency shall notify the child's parents
19of that finding and the reasons for it and the right of the child's parents to request
20an assessment to determine whether the child continues to be a child with a
21disability. The local educational agency is not required to conduct such an
22assessment unless the child's parents request it.
AB674,40,2
23115.787 Individualized education programs. (1) Requirement that
24program be in effect. At the beginning of each school year, each local educational
1agency shall have in effect, for each child with a disability, an individualized
2education program.
AB674,40,4
3(2) Required components. An individualized education program shall include
4all of the following:
AB674,40,85
(a) A statement of the child's present level of educational performance,
6including how the child's disability affects the child's involvement and progress in
7the general curriculum or, for a preschool child, as appropriate, how the disability
8affects the child's participation in appropriate activities.
AB674,40,139
(b) A statement of measurable annual goals for the child, including
10benchmarks or short-term objectives, related to meeting the child's needs that result
11from the child's disability to enable the child to be involved in and progress in the
12general curriculum, and to meeting each of the child's other educational needs that
13result from the child's disability.
AB674,40,1714
(c) A statement of the special education and related services and
15supplementary aids and services to be provided to the child, or on behalf of the child,
16and a statement of the program modifications or supports for school personnel that
17will be provided for the child to do all of the following:
AB674,40,1818
1. Advance appropriately toward the annual goals.
AB674,40,2019
2. Be involved and progress in the general curriculum in accordance with par.
20(a) and participate in extracurricular and other nonacademic activities.
AB674,40,2221
3. Be educated and participate with other children with disabilities and
22nondisabled children in the activities described in this subsection.
AB674,40,2523
(d) An explanation of the extent to which the child will not participate with
24nondisabled children in regular classes, in the general curriculum and in
25extracurricular and other nonacademic activities.
AB674,41,3
1(e) 1. A statement of any individual modifications in the administration of any
2statewide or local educational agency-wide assessment of pupil achievement that
3are needed for the child to participate in the assessment.
AB674,41,84
2. If the individualized education program team determines that a child will
5not participate in a particular statewide or local educational agency-wide
6assessment of pupil achievement, or part of such an assessment, a statement of why
7that assessment is not appropriate for the child and how the child will be assessed
8through alternative means.
AB674,41,119
(f) The projected date for the beginning of the services and modifications
10described in par. (c) and the anticipated frequency, location and duration of those
11services and modifications.
AB674,41,1612
(g) 1. Beginning when the child attains the age of 14, and annually thereafter
13until the child is no longer eligible for special education and related services, a
14statement identifying the courses of study needed to prepare the child for a
15successful transition to his or her goals for life after secondary school, such as
16participation in advanced placement courses or a vocational education program.
AB674,41,2217
2. Beginning when the child attains the age of 16, or earlier if that is
18determined to be appropriate by the individualized education program team, and
19annually thereafter until the child is no longer eligible for special education and
20related services, a statement of the needed transition services of the child, including,
21when appropriate, a statement of the interagency responsibilities or any cooperative
22arrangements between and among persons.
AB674,42,223
3. Beginning at least one year before the child attains the age of 18, and
24annually thereafter until the child is no longer eligible for special education and
1related services, a statement that the child has been informed of the parental rights
2that will transfer to the child on reaching the age of 18 under s. 115.807.
AB674,42,33
(h) A statement of all of the following:
AB674,42,54
1. How the child's progress toward the annual goals described in par. (b) will
5be measured.
AB674,42,106
2. How the child's parents will be regularly informed, at least as often as
7parents are informed of their nondisabled children's progress, of their child's
8progress toward the annual goals and the extent to which that progress is sufficient
9to enable the child to achieve the goals by the end of the effective period of the
10individualized education program.
AB674,42,14
11(3) Development. (a) In developing each child's individualized education
12program, the individualized education program team shall consider the strengths of
13the child, the concerns of the child's parents for enhancing the education of their child
14and the results of the initial evaluation or most recent reevaluation of the child.
AB674,42,1515
(b) The individualized education program team shall do all of the following:
AB674,42,1816
1. In the case of a child whose behavior impedes his or her learning or that of
17others consider, when appropriate, strategies, including positive behavioral
18interventions, and supports to address that behavior.
AB674,42,2119
2. In the case of a child with limited English proficiency, consider the language
20needs of the child as such needs relate to the child's individualized education
21program.
AB674,43,222
3. In the case of a child who is visually impaired, provide for instruction in
23Braille and the use of Braille unless the individualized education program team
24determines, after an evaluation of the child's reading and writing skills, needs and
25appropriate reading and writing media, including an evaluation of the child's future
1needs for instruction in Braille or the use of Braille, that instruction in Braille or the
2use of Braille is not appropriate for the child.
AB674,43,83
4. Consider the communicative needs of the child, and, in the case of a child who
4is hearing impaired, consider the child's language and communicative needs,
5opportunities for direct communications with peers and professional personnel in
6the child's language and communicative mode, academic level and full range of
7needs, including opportunities for direct instruction in the child's language and
8communicative mode.
AB674,43,109
5. Consider whether the child requires assistive technology devices and
10services.
AB674,43,1611
(c) The regular education teacher of the child, as a participant on the
12individualized education program team, shall, to the extent appropriate, participate
13in the development of the individualized education program of the child, including
14the determination of appropriate positive behavioral interventions and strategies
15and the determination of supplementary aids and services, program modifications
16and support for school personnel.
AB674,43,2117
(d) If a child is attending a public school in a nonresident school district under
18s. 118.51, the individualized education program team for the child shall develop the
19child's individualized education program in collaboration with appropriate
20personnel designated by the school board of the school district in which the child
21resides.
AB674,43,2422
(e) The local educational agency shall give a copy of the child's individualized
23education program to the child's parents with the notice of placement under s.
24115.792 (2).
AB674,44,2
1(4) Review and revision. (a) The individualized education program team shall
2do all of the following:
AB674,44,43
1. Review the child's individualized education program periodically, but at least
4annually, to determine whether the annual goals for the child are being achieved.
AB674,44,65
2. Revise the individualized education program as appropriate to address all
6of the following:
AB674,44,87
a. Any lack of expected progress toward the annual goals and in the general
8curriculum.
AB674,44,99
b. The results of any reevaluation conducted under s. 115.782.
AB674,44,1110
c. Information about the child provided to or by the child's parents, as described
11in s. 115.782.
AB674,44,1212
d. The child's anticipated needs.
AB674,44,1313
e. Other matters.
AB674,44,1614
(b) The regular education teacher of the child, as a participant on the
15individualized education program team, shall, to the extent appropriate, participate
16in the review and revision of the individualized education program of the child.
AB674,44,21
17(5) Failure to meet transition objectives. If a participating agency, other than
18the local educational agency, fails to provide transition services in accordance with
19sub. (2) (g) 2., the local educational agency shall reconvene the individualized
20education program team to identify alternative strategies to meet the transition
21objectives for the child set out in the individualized education program.
AB674,44,25
22(6) Children with disabilities in state prisons. (a) 1. The requirements
23relating to participation of children with disabilities in general assessments under
24sub. (2) (e) do not apply to a child with a disability who is convicted of a crime under
25state law and incarcerated in a state prison.
AB674,45,5
12. The requirements relating to transition planning and transition services
2under sub. (2) (g) 1. and 2. do not apply with respect to a child with a disability who
3is convicted of a crime under state law and incarcerated in a state prison and whose
4eligibility under this subchapter will end, because of his or her age, before he or she
5will be released from prison.
AB674,45,116
(b) If a child with a disability is convicted of a crime and incarcerated in a state
7prison, the child's individualized education program team may modify the child's
8individualized education program or placement notwithstanding the requirements
9of sub. (1) and s. 115.79 (1) if the department of corrections has demonstrated a bona
10fide security or compelling penological interest that cannot otherwise be
11accommodated.
AB674,45,15
12(7) Construction. Nothing in this section requires the individualized
13education program team to include information under one component of a child's
14individualized education program that is already contained under another
15component of the individualized education program.
AB674,45,17
16115.79 Educational placements. Each local educational agency shall ensure
17that all of the following occur:
AB674,45,19
18(1) An evaluation is conducted under s. 115.782 before special education and
19related services are provided to a child with a disability.
AB674,45,25
20(2) An educational placement is provided to implement a child's individualized
21education program. Except as provided in s. 118.51 (12) (a) and (b) 2., if a child with
22a disability is attending a public school in a nonresident school district under s.
23118.51, the school board of the school district that the child is attending shall provide
24an educational placement for the child and shall pay tuition charges instead of the
25school district in which the child resides if required by the placement.
AB674,46,3
1(3) To the maximum extent appropriate, a child with a disability, including a
2child receiving publicly funded special education in a public or private institution or
3other care facility, is educated with nondisabled children.
AB674,46,7
4(4) Special classes, separate schooling or other removal of a child with a
5disability from the regular educational environment occurs only when the nature or
6severity of the child's disability is such that education in regular classes with the use
7of supplementary aids and services cannot be achieved satisfactorily.
AB674,46,15
8115.791 Reimbursement for private school placement. (1) If the parents
9of a child with a disability who previously received special education and related
10services under the authority of a local educational agency enroll the child in a private
11elementary or secondary school without the consent of or referral by the local
12educational agency, a court or a hearing officer may require the local educational
13agency to reimburse the parents for the cost of that enrollment if the court or hearing
14officer finds that the local educational agency had not made a free appropriate public
15education available to the child in a timely manner before that enrollment.
AB674,46,17
16(2) The cost of reimbursement described in sub. (1) may be reduced or denied
17if any of the following applies:
AB674,47,218
(a) At the most recent individualized education program meeting that the
19parents attended before removal of the child from the local educational agency, the
20parents did not inform the individualized education program team of their concerns,
21their rejection of the placement proposed by the local educational agency to provide
22a free appropriate public education to their child and their intent to enroll the child
23in a private school at public expense; or at least 10 business days, including any
24holidays that occur on a business day, before the removal of the child from the local
25educational agency, the parents did not give written notice to the local educational
1agency of their concerns, their rejection of the placement and their intent to enroll
2the child in a private school at public expense.
AB674,47,73
(b) If, before the parents' removal of the child from the local educational agency,
4the local educational agency notified the parents under s. 115.792 of its intent to
5evaluate the child, including a statement of the purpose of the evaluation that was
6appropriate and reasonable, but the parents did not make the child available for the
7evaluation.