AB674: Bill Text

AB674,59,11 a. During the course of the action, the parent unreasonably protracted the final resolution of the controversy.

AB674,59,13 b. The attorney representing the parent did not provide to the division the information specified in sub. (1) (a) 2.

AB674,59,16 2. A court may not reduce the amount of the fees awarded under par. (a) if it finds that the state or a local educational agency unreasonably protracted the final resolution of the controversy or violated this subchapter.

AB674,59,18 (10) Sections 227.44 to 227.50 do not apply to hearings conducted under this section.

AB674,59,21 115.807 Transfer of parental rights at age of majority. When a child with a disability, other than a child with a disability who has been determined to be incompetent under ch. 880, reaches the age of 18, all of the following apply:

AB674,59,23 (1) The local educational agency shall provide any notice required by this subchapter to both the individual and the individual's parents.

AB674,59,25 (2) All other rights accorded to the individual's parents under this subchapter transfer to the individual.

AB674,60,2 (3) The local educational agency shall notify the individual and the individual's parents of the transfer of rights.

AB674,60,4 115.81 Children in child caring institutions. (1) Definitions. In this section:

AB674,60,6 (a) "County department" means a county department under s. 46.215, 46.22 or 46.23.

AB674,60,9 (b) "Originating local educational agency" means the local educational agency that was responsible for providing a free, appropriate public education to the child before the placement of the child in a child caring institution.

AB674,60,12 (2) Establishment of program. Subject to the approval of the division, a child caring institution may establish and maintain special education and related services for children with disabilities.

AB674,60,16 (3) Referral. (a) Whenever a county department recommends to a court that a child be placed in a child caring institution or whenever a state agency anticipates placing a child in a child caring institution, the county department or state agency shall notify the originating local educational agency.

AB674,60,18 (b) For each child identified in a notice under par. (a), the originating local educational agency shall do all of the following:

AB674,60,22 1. If the child is a child with a disability, as soon as reasonably possible and after consulting with a county department or a state agency, as appropriate, appoint an individualized education program team to review and revise, if necessary, the child's individualized education program and develop an educational placement offer.

AB674,60,23 2. If the child has not been identified as a child with a disability:

AB674,61,3 a. Appoint staff to review the child's education records and develop a status report for the child and send a copy of the report to the county department or state agency, as appropriate, within 30 days after receiving the notice under par. (a).

AB674,61,13 b. If the originating local educational agency has reasonable cause to believe that the child is a child with a disability, appoint an individualized education program team to conduct an evaluation of the child under s. 115.782. The originating local educational agency may include appropriately licensed staff of the child caring institution in the team if that staff is available. The individualized education program team shall conduct the evaluation. If the individualized education program team determines that the child is a child with a disability, the individualized education program team, in consultation with a county department or a state agency, as appropriate, shall develop an individualized education program and an educational placement offer.

AB674,61,16 (4) Responsibility for educational placement. Whenever the originating local educational agency offers an educational placement in a child caring institution under sub. (3) (b) 1. or 2. b., all of the following apply:

AB674,61,17 (a) The originating local educational agency shall do all of the following:

AB674,61,18 1. Ensure that the child receives a free appropriate public education.

AB674,61,20 2. Ensure that the child's treatment and security needs are considered when determining the least restrictive environment for the child.

AB674,61,23 3. While the child resides at a child caring institution, appoint an individualized education program team to conduct reevaluations of the child in the manner provided under s. 115.782 (4).

AB674,62,3 4. While the child resides at a child caring institution, after consulting with the child caring institution and a county department or a state agency, as appropriate, refer the child to another local educational agency if the originating local educational agency determines that the child's special education needs may be appropriately served in a less restrictive setting in the other local educational agency.

AB674,62,6 5. If the child is leaving the child caring institution, assign staff or an individualized education program team to develop a reintegration plan for the child in cooperation with a county department and staff of the child caring institution.

AB674,62,8 (b) The county department or state agency, as appropriate, shall do all of the following:

AB674,62,10 1. Consider the child's educational needs when selecting a child caring institution for the child.

AB674,62,14 2. In cooperation with the originating local educational agency and staff of the child caring institution, participate in the individualized education program team evaluation of the child and the development of the individualized education program for the child.

AB674,62,17 3. Notify the local educational agency that will be responsible for providing a free, appropriate public education to the child whenever the county department or state agency anticipates removing the child from the child caring institution.

AB674,62,20 4. In cooperation with the originating local educational agency and staff of the child caring institution, develop a reintegration plan for the child if the child is leaving the child caring institution.

AB674,62,22 5. Pay all of the child caring institution related costs of educating the child while the child resides in the child caring institution.

AB674,63,7 (c) Whenever a local educational agency receives a referral under par. (a) 4., the local educational agency shall assign staff to determine whether the child can appropriately receive special education and related services provided in the local educational agency. If the assigned staff determine that the child can appropriately receive special education and related services in the local educational agency, the local educational agency shall provide such services for the child and is eligible for state tuition payments under s. 121.79 (1) (a). If the assigned staff determine that the child cannot appropriately receive special education and related services in the local educational agency, the local educational agency shall keep a written record of the reasons for that determination.

AB674,63,9 115.812 Placement disputes; school board referrals; interagency cooperation.

AB674,63,16 (1) Placement disputes. If a dispute arises between a local educational agency 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 local educational agencies under s. 115.81 (4) (c), over the placement of a child, the state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under s. 48.57 (1) (c) and to placements in child caring institutions made under s. 115.81.

AB674,63,23 (2) School board referrals. Annually on or before August 15, each local educational agency shall report to the appropriate county departments under ss. 51.42 and 51.437 the names of children who reside in the local educational agency, are at least 16 years of age, are not expected to be enrolled in an educational program 2 years from the date of the report and may require services described under s. 51.42 or 51.437 (1). This subsection does not affect a local educational agency's responsibility to make services available to children with disabilities.

AB674,64,4 (3) Interagency cooperation. (a) A school board, cooperative educational service agency and county children with disabilities education board may enter into an agreement with a county administrative agency, as defined in s. HFS 90.03 (10), Wis. adm. code, to allow the employes of the school board, agency or county children with disabilities education board to participate in the performance of evaluations and the development of individualized family service plans under s. 51.44.

AB674,64,6 (b) 1. In this paragraph, "public agency" has the meaning given in s. 166.20 (1) (i), except that it excludes a local educational agency.

AB674,64,14 2. If a public agency that is required by federal or state law or by an interagency agreement to provide or pay for the location, identification or evaluation of a child with a disability, including a child with a disability who is not yet 3 years of age, or for assistive technology devices or services, supplementary aids or services, transition services or special education or related services for a child with a disability, and fails to do so, the local educational agency shall provide or pay for the services. The public agency shall reimburse the local educational agency for the cost of providing the services.

AB674,64,16 115.817 Children with disabilities education board. (1) Definitions. In this section "board" means the county children with disabilities education board.

AB674,64,19 (2) Establishment. (a) A county board of supervisors may determine to establish a special education program, including the provision of related services for children with disabilities, for school districts in the county.

AB674,64,21 (b) The program may provide for one or more special schools, classes, treatment or instruction centers for children with one or more types of disabilities.

AB674,64,23 (c) A school district shall be included under the county program only to the extent approved by formal action of the school board.

AB674,65,9 (3) Organization. (a) The board shall consist of 3 or more persons, as determined by the county board of supervisors, elected by the county board or appointed by the chairperson of the county board, as the rules of the county board direct. Board members shall be electors selected from that part of the county participating in the program and shall be representative of the area the board serves. The board may include school board members, members of the county board of supervisors and other electors. Board members shall hold office for a term of 3 years, except that the terms of office of members of the first board shall be 3 years, 2 years and one year. Board members shall receive compensation and reimbursement for mileage in an amount fixed by the county board of supervisors, but not more than that of county board members.

AB674,65,12 (b) The board annually shall select one member as chairperson and one as secretary. The county treasurer shall serve as board treasurer but shall not be a member of the board.

AB674,65,14 (c) The board shall appoint an advisory committee whose membership includes school district administrators representative of the area the board serves.

AB674,65,19 (4) Application. Upon authorization of the county board, the board shall apply to the division for the establishment of a program or part of a program to provide special education and related services. The application shall state whether the program or part will be available in the county at large or only to certain school districts.

AB674,66,2 (5) Board duties. (a) The board shall have charge of all matters pertaining to the organization, equipment, operation and maintenance of such programs and may do all things necessary to perform its functions, including the authority to erect buildings subject to county board approval and employ teachers and other personnel. The board shall prepare an annual budget, which shall be subject to approval of the county board under s. 65.90 unless a resolution is adopted under sub. (9) (c), and shall include funds for the hiring of staff, the purchase of materials, supplies and equipment and the operation and maintenance of buildings or classrooms.

AB674,66,5 (b) 1. At the close of each fiscal year, the board shall employ a licensed accountant to audit its accounts and certify the audit. The cost of the audit shall be paid from board funds.

AB674,66,7 3. The department shall establish by rule a standard contract and minimum standards for audits performed under this paragraph.

AB674,66,12 (c) If the county board of supervisors establishes an integrated service program for children with severe disabilities under s. 59.53 (7), the county children with disabilities education board shall participate in an integrated service program for children with severe disabilities under s. 59.53 (7), and may enter into written interagency agreements or contracts under the program.

AB674,66,21 (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 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 state superintendent shall develop guidelines for a full-time equivalency methodology. The state superintendent is not required to promulgate the guidelines as rules.

AB674,66,23 (6) Assignment of functions. (a) The board may not assign by resolution or by contract the full administrative or instructional services of the board.

AB674,67,2 (b) The ability of the board to contract with the board of control of a cooperative educational service agency, a school board or other public agency in the county for a portion of administrative or instructional services is not prohibited by par. (a). The board shall be responsible for all programs contracted under this paragraph.

AB674,67,14 (7) Withdrawal and dissolution. (a) The school board of any school district that is included under the administration of a board may withdraw from participation in any part of the program only with the approval of the state superintendent after conference with the board and a determination by the 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.

AB674,67,19 (b) A program established under this section may be dissolved by action of the county board, but such dissolution shall not take place until the end of the school term in which the action was taken. When a program is dissolved, assets and liabilities shall be distributed under s. 66.03 to all units which participated in the program.

AB674,68,3 (8) Transportation. The board may promulgate a plan for the transportation at county expense of children who are receiving special education and related services under this section, special education and related services provided at day care centers or special education and related services provided 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 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).

AB674,68,6 (9) Area taxed. (a) The tax for the operation and maintenance of each part of a special education program and for the transportation of children under sub. (8) shall be levied against the area of the county participating in the part of the program.

AB674,68,10 (b) Beginning July 1, 1981, no board, except a board that has constructed or acquired building facilities, may continue to operate under this section if the area taxed under par. (a) constitutes less than 50% of the full value of taxable property within the county.

AB674,68,19 (c) Upon the adoption of a resolution by a majority of the school boards that are located in whole or in part in the county and are participating in the county program under sub. (2) (c), this subsection shall not apply commencing on the effective date of the resolution. A resolution adopted under this paragraph between January 1 and June 30 in any year shall be effective on January 1 of the year commencing after its adoption. A resolution adopted under this paragraph between July 1 and December 31 in any year shall be effective on January 1 of the 2nd year commencing after its adoption. In the year in which the resolution is effective, the county budget under s. 59.60 or 65.90 shall include a line item for the special education program.

AB674,68,22 (10) State aids. (a) The board may apply for and receive the state aid under ss. 115.88 and 121.41 (1) for the transportation, board and lodging, treatment and instruction of children participating in programs under this section.

AB674,68,25 (b) The board may apply for and receive the state aid under ss. 121.135 and 121.14. This paragraph does not apply beginning on the effective date of a resolution adopted under sub. (9) (c).

AB674,69,2 (c) All state aid shall be paid to the county treasurer and credited to the fund of the board.

AB674,69,4 (11) Violations. The state superintendent shall withhold aid from any board that violates this section.

AB674,69,11 115.82 Admission and transportation of nonresidents. (1) A cooperative educational service agency, county children with disabilities education board or school district that provides special education and related services shall admit a nonresident if the program is appropriate for the child's disability. Refusal to admit a child does not relieve the local educational agency that is responsible for providing a free, appropriate public education to the child under this subchapter from that responsibility.

AB674,69,14 (2) In addition to the requirements of s. 121.54 (3), when board and lodging are not furnished to a nonresident child with a disability, the school district in which the child resides shall provide transportation, except as follows:

AB674,69,16 (a) If there is a plan of transportation under s. 115.817 (8), the county children with disabilities education board shall provide transportation.

AB674,69,18 (b) If the child is attending a public school in a nonresident school district under s. 118.51, the nonresident school district shall provide transportation.

AB674,70,3 115.88 State aid. (1) Personnel. A school board, board of control of a cooperative educational service agency or, upon authorization of the county board, a county children with disabilities education board may employ, for a special education program, either full- or part-time licensed teachers, licensed coordinators of special education, licensed school social workers, licensed school psychologists, paraprofessionals, licensed consulting teachers to work with any teacher of regular education programs who has a child with a disability in a class and any other personnel approved by the department. The board may contract with private or public agencies for physical or occupational therapy services on the basis of demonstrated need.

AB674,70,15 (1m) Program aid. (a) If, upon receipt of the plan under s. 115.77 (4), the state superintendent is satisfied that the special education program has been maintained during the preceding school year in accordance with law, the 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 sub. (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 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).

AB674,70,21 (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 children with disabilities. The school district, county children with disabilities education board or cooperative educational service agency shall include in the plan under s. 115.77 (4) any information required by the state superintendent relating to use of a school psychologist or school social worker.

AB674,71,10 (2) Transportation aid. If upon receipt of the plan under s. 115.77 (4) the state superintendent is satisfied that the transportation of children with disabilities has been maintained during the preceding year in accordance with the law, the 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 (br). This subsection applies to any child with a disability 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 a disability attending regular or special classes who does not require any special or additional transportation.

AB674,71,19 (3) Board and lodging aid. There shall be paid the amount expended for board and lodging and transportation between the boarding home and the special education program of nonresident children enrolled under s. 115.82 (1) in the special education program. The department shall certify the full amount to the department of administration which shall pay such amount from the appropriation under s. 20.255 (2) (b) to the school district, cooperative educational service agency, county children with disabilities education board, state agency of another state or private, nonsectarian special education service which operates the special education program while providing board, lodging and transportation.

AB674,72,2 (4) Hospitals and convalescent home aid. The full cost of special education for children in hospitals and convalescent homes for orthopedically disabled children shall be paid from the appropriation under s. 20.255 (2) (b). The supervision of such instruction shall be under the department and the school board of the school district in which the hospital or convalescent home is located. The school board of the district in which the hospital or convalescent home is located shall submit to the department an itemized statement of all revenues and expenditures for the actual cost of such instruction and any other information it requires.

AB674,72,6 (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 state superintendent, to school districts for providing special education outside the school district of employment.

AB674,72,9 (7) Offsetting receipts. In any school year, the following revenues shall be deducted from costs aidable under this section before aids are calculated under this section:

AB674,72,11 (a) Any federal operational revenues expended on costs aidable under this section.

AB674,72,15 (b) That portion of state tuition payments attributable to the special annual tuition rate under s. 121.83 (1) (c), regardless of the school year in which the services were provided. The tuition revenues shall be allocated to the most appropriate part of a program.

AB674,72,25 (8) Enrollment out of state. If a child with a disability is enrolled in a public special education program located in another state and the state superintendent is satisfied that the program in which the child is enrolled complies with this subchapter, the state superintendent shall certify to the department of administration in favor of the school district 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).

AB674,73,4 (9) Distribution schedule. Each county, cooperative educational service agency and school district entitled to state aid under this section shall receive 15% of its total aid entitlement in each month from November to March and 25% of its total entitlement in June.

AB674,73,10 115.882 Proration of state aid. If the sum of the appropriations under s. 20.255 (2) (b) and (br) in any one year is insufficient to pay the full amount of aid under ss. 115.88 and 118.255, funds in the appropriations shall be used first for the purpose of s. 115.88 (4) and any remaining funds shall be prorated among the counties, school districts and cooperative educational service agencies entitled thereto.

AB674,73,14 115.897 Exhaustion of remedies. Before the filing of a civil action under any federal law seeking any relief that is also available under this subchapter, the procedures under s. 115.80 shall be exhausted to the same extent as would be required had the action been brought under this subchapter.

AB674,73,15 115.90 Noncompliance; remedies.

AB674,73,19 (1) If, as the result of a monitoring procedure or a complaint investigation, the state superintendent finds that a local educational agency has violated this subchapter, the state superintendent may require the local educational agency to submit a corrective plan addressing the violation.

AB674,73,24 (2) If the state superintendent, after reasonable notice and an opportunity for a hearing, finds that a local educational agency has failed to comply with any requirement in this subchapter, the state superintendent shall reduce or eliminate special education aid to the local educational agency until he or she is satisfied that the local educational agency is complying with that requirement.

AB674,74,5 (3) If the state superintendent finds that a corrective plan under sub. (1) has not been implemented, or that withholding aid under sub. (2) has been inadequate to ensure compliance with this subchapter, the state superintendent shall request the attorney general to proceed against the local educational agency for injunctive or other appropriate relief.

AB674, s. 51 Section 51. 116.08 (4) of the statutes is amended to read:

AB674,74,16 116.08 (4) Whenever an agency performs any service or function under chs. 115 to 121 by contract with a county board or any agency thereof, with a school board or with a county handicapped children's children with disabilities education board, the contract may authorize the agency to make claim for and receive the state aid for performing the service or function. The agency shall transmit a certified copy of the contract containing the authority to collect state aid to the department. When an agency receives the state aid, it shall pay over or credit the amount of state aid received to the proper county or agency thereof, school district or county handicapped children's children with disabilities education board for which the service or function was performed according to the contract therefor.

AB674, s. 52 Section 52. 118.15 (1) (dm) of the statutes is amended to read:

AB674,74,24 118.15 (1) (dm) The school board shall render its decision, in writing, within 90 days of a request under par. (d), except that if the request relates to a child who has been examined by a multidisciplinary evaluated by an individualized education program team under s. 115.80 115.782 and has not been recommended for special education, the school board shall render its decision within 30 days of the request. If the school board denies the request, the school board shall give its reasons for the denial.