Wisconsin Legislature: 9,2053h

SUBCHAPTER III
STATE SCHOOLS school for the
deaf and STATE center for the
blind and visually impaired

9,2053c Section 2053c. 115.51 (1) of the statutes is repealed.

9,2053d Section 2053d. 115.51 (3) and (4) of the statutes are created to read:

115.51 (3) "Local educational agency" has the meaning given in s. 115.76 (10).

(4) "Visually impaired" means loss of vision or blindness as described in the rule promulgated by the state superintendent to define "visual impairments" for the purposes of s. 115.76 (5) (a) 4.

9,2053f Section 2053f. 115.52 of the statutes is amended to read:

115.52 Wisconsin schools School for the visually handicapped and the deaf Deaf. (1) The object of the Wisconsin school for the visually handicapped and the Wisconsin school School for the deaf Deaf is to afford persons with visual impairments and persons with hearing impairments a practical education and physical rehabilitation which may aid them to make a living, discharge their duties as citizens and secure to them all possible happiness.

(2) The state superintendent shall maintain and govern the school for the visually handicapped and the school School for the deaf Deaf. The state superintendent may fix the period of the school year at the schools school at not less than 38 weeks, prescribe the school terms and confer diplomas upon meritorious pupils who have completed the prescribed curricula.

(3) All the blind and the deaf residents of this state 6 to 20 years old, and for the duration of a school term all the blind or deaf residents of this state who become 21 years old during that school term, who are capable of receiving instruction shall be received and taught in the schools School for the Deaf free of charge. Like nonresident pupils also may be received upon payment in advance of the fees fixed by the state superintendent at an amount not less than $75 per month, but no nonresident shall be received to the exclusion of a resident pupil. The state superintendent also may admit pupils who are 21 years of age or older prior to the beginning of a school term upon the payment of fees fixed by the superintendent and upon the recommendation of the secretary of health and family services, the director of the technical college system or the superintendent of the school to which the pupil will be assigned School for the Deaf. All pupils shall equally and freely enjoy the benefits and privileges of the schools school and have the use of the library and books of instruction and receive board, lodging and laundry, without discrimination. The schools school may provide transportation for resident pupils.

(5) The state superintendent may grant approval for the maintenance of a summer school at the school School for the deaf Deaf whenever it will be to the advantage of persons with hearing impairments and may grant approval for the maintenance of a summer school at the school for the visually handicapped whenever it will be to the advantage of children with visual impairments. There shall be a summer school each year at the school for the visually handicapped for adults with visual impairments.

(6) The state superintendent may make charges for meals, living quarters, laundry and other services furnished to employes of the schools School for the Deaf and their families. The state superintendent also may make charges for services furnished to visitors at the schools school and participants in training programs and institutes.

(7) The Wisconsin school School for the deaf Deaf may provide instruction for preschool children with hearing impairments and their parents. The Wisconsin school for the visually handicapped may provide instruction for preschool children with visual impairments and their parents. Such instruction or treatment shall be subject to the approval of, and shall comply with requirements established by, the department.

9,2053h Section 2053h. 115.525 of the statutes is created to read:

115.525 Wisconsin Center for the Blind and Visually Impaired. (1) Definition. In this section, "center" means the Wisconsin Center for the Blind and Visually Impaired.

(1m) Purpose. The purpose of the center is to serve as a statewide educational resource relating to visual impairments to benefit all Wisconsin children who are visually impaired.

(2) Governance. The state superintendent shall maintain and govern the center. The state superintendent shall appoint an individual who has training and experience in educating pupils who are visually impaired to serve as the director of the center.

(3) Services. The center shall provide services that benefit children throughout the state who are visually impaired.

(a) School. 1. `Residents 3 to 20 years old.' The center shall operate a school at which any resident of this state 3 to 20 years old who is visually impaired, and for the duration of a school term any resident of this state who is visually impaired and becomes 21 years old during that school term, shall be received and taught free of charge if the individualized education program for the resident under s. 115.787 and the educational placement under s. 115.79 specify the school operated by the center as the appropriate placement.

2. `Residents 21 years old or older.' The state superintendent may admit to the school operated by the center a resident of the state who is visually impaired and is 21 years of age or older prior to the beginning of a school term upon the payment of fees fixed by the state superintendent and upon the recommendation of the secretary of health and family services, the director of the technical college system or the director of the center.

3. `Nonresidents.' A nonresident of this state, who is visually impaired, who either is 3 to 20 years old or becomes 21 years old during a school term, whose individualized education program under 20 USC 1414 (d) and educational placement specify the school operated by the center as the appropriate placement and who is capable of receiving instruction may be received at the school upon payment in advance of the fees fixed by the state superintendent, but no nonresident may be received to the exclusion of a resident pupil.

4. `Pupil use of residential facilities.' Except as provided in sub. (4), the director of the center shall make the residential facilities at the center available to all pupils received at the school operated by the center.

5. `School term.' The state superintendent shall fix the period of the school term at the school operated by the center at not less than 38 weeks, prescribe the school sessions and confer diplomas upon meritorious pupils who have completed the prescribed curriculum. Pursuant to a pupil's individualized education program under s. 115.787, a pupil may be placed at the school for less than a school term.

6. `Transportation.' The center may provide transportation for resident pupils at the school operated by the center.

(b) Other statewide services. The center may do any of the following:

1. Provide testing, evaluation and assessment services to assist local educational agencies, cooperative educational service agencies and county children with disabilities education boards.

2. Provide technical assistance and consultation services to entities such as local educational agencies, cooperative educational service agencies, county children with disabilities education boards and private schools.

3. Develop and disseminate curriculum and instructional materials.

4. Provide in service and other training to teachers and other staff serving pupils who are visually impaired.

5. Provide training, technical assistance and consultation services for parents of children who are visually impaired and for professionals who work with children who are visually impaired.

6. Provide materials in braille, large print and other appropriate formats to children who are visually impaired.

7. Train teachers and braillists about braille codes and formats used by individuals who are visually impaired.

8. Loan books and other materials from the library described in par. (c) 2.

9. Serve as a clearinghouse for information about children who are visually impaired, including information related to library resources, adapted materials and current research.

10. Assist in providing assistive technology services, as defined in s. 115.76 (2), for pupils who are visually impaired.

11. Lend, rent or lease technological materials and assistive technology devices, as defined in s. 115.76 (1), to local educational agencies, cooperative educational service agencies and county children with disabilities education boards.

12. Facilitate the preparation of teachers of pupils who are visually impaired by providing assistance to teacher preparation programs.

13. Coordinate and collaborate with public and private agencies and organizations that provide services to individuals who are visually impaired, including the development of employment skills and opportunities.

14. Provide other statewide services that relate to the education of children who are visually impaired.

(c) Additional services. 1. `Birth to 2 services.' The center may provide instruction or services, or both, for children who are under the age of 2 and are visually impaired and their parents. The instruction or services are subject to the approval of, and shall comply with requirements established by, the department.

2. `Library.' Embossed, clear type or large type books acquired by the center constitute a circulating collection for persons who are visually impaired. The collection shall be kept at the center and be under the supervision of its director. All school age children of the state who are visually impaired may use such books upon compliance with criteria established by the director of the center and approved by the state superintendent.

3. `Summer programs.' The center shall provide summer programs each year for children who are visually impaired.

4. `Adult summer program.' The center shall provide a summer program each year for adults who are visually impaired. The state superintendent may contract with other entities to provide this program.

5. `Independent living skills.' With the approval of the state superintendent, the center may use state-owned housing on the grounds of the center in Janesville as a facility in which individuals receive instruction in and practice independent living skills.

(d) Provision of services. In addition to providing services at the center's facility in Janesville, the center may provide services at any location in the state and may operate regional satellite facilities throughout the state to provide services.

(4) Nondiscrimination. All pupils at the center may equally and freely enjoy the benefits and privileges of the center, have the use of the library and books of instruction and receive board, lodging and laundry, without discrimination, except that the director of the center may determine that board, lodging and laundry may not be provided to an individual because appropriate services are not available for that individual at the center's residential facilities.

(5) Charges. The state superintendent may charge for meals, living quarters, laundry and other services furnished to employes of the center and their families. The state superintendent may charge for services furnished to visitors at the center and participants in training programs and institutes.

(6) Leasing of space. The state superintendent may lease space at the center in Janesville that is not required by the center to any person if the state superintendent determines that the use will not be inconsistent with the operation of the center.

(7) Audit. In the 2002-03 fiscal year, the legislative audit bureau shall perform a performance evaluation audit of the center. The bureau shall submit copies of the audit report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) by June 30, 2003.

9,2053j Section 2053j. 115.53 (2) of the statutes is amended to read:

115.53 (2) Arrange for vocational, trade or academic training for any pupil in either state school the school operated by the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin School for the Deaf qualified to take such training advantageously, in either a public school or technical college or a private business establishment in Janesville or Delavan. The public school and the technical college shall be paid the regular tuition for full-time attendance and proportionally for part-time attendance by the school district responsible for the provision of a free appropriate public education under subch. V.

9,2053k Section 2053k. 115.53 (3) of the statutes is renumbered 115.53 (3) (a) and amended to read:

115.53 (3) (a) Arrange for otological or ophthalmic examination of any pupil or prospective pupil of the schools Wisconsin School for the Deaf. The examination shall be paid for from the appropriation in s. 20.255 (1) (b), (gh) or (gs).

9,2053L Section 2053L. 115.53 (3) (b) of the statutes is created to read:

115.53 (3) (b) Arrange for ophthalmic or otological examination of any pupil or prospective pupil of the school operated by the Wisconsin Center for the Blind and Visually Impaired. The examination shall be paid from the appropriation in s. 20.255 (1) (b), (gh), (gL) or (gs).

9,2053m Section 2053m. 115.53 (4) and (5) of the statutes are amended to read:

115.53 (4) Apply to the board of directors of the University of Wisconsin Hospitals and Clinics Authority for admission to the University of Wisconsin Hospitals and Clinics of any pupil in at the state schools Wisconsin School for the Deaf or the school operated by the Wisconsin Center for the Blind and Visually Impaired.

(a) The application shall be accompanied by the report of a physician appointed by the appropriate school superintendent of the Wisconsin School for the Deaf or the director of the Wisconsin Center for the Blind and Visually Impaired and shall be in the same form as reports of other physicians for admission of patients to such hospital.

(b) The net cost of hospital treatment shall be at the rate established under s. 233.40 (1) and shall be chargeable to paid from the appropriation for operating the patient's school under s. 20.255 (1) (b), (gh) or (gs) if the patient is a pupil at the Wisconsin School for the Deaf or from the appropriation under s. 20.255 (1) (b), (gh), (gL) or (gs) if the patient is a pupil at the school operated by the Wisconsin Center for the Blind and Visually Impaired. The state superintendent likewise may authorize payment for the expense of transporting patients to and from the hospital. The state superintendent shall make payments for the treatment to the University of Wisconsin Hospitals and Clinics Authority. Funds collected by the state superintendent on account of the hospitalization shall be deposited in credited to the appropriation under s. 20.255 (1) (b) (gh) for the school or center concerned.

(5) Arrange for visits by members of the staff of either school the Wisconsin School for the Deaf or the Wisconsin Center for the Blind and Visually Impaired to other public schools or to families of blind or deaf children or children who are visually impaired, whenever it appears to the state superintendent that such visits will be of advantage to blind or deaf such children.

9,2053p Section 2053p. 115.54 of the statutes is amended to read:

115.54 Compulsory education. If it appears, by affidavit, to any circuit judge that any blind or deaf child or child who is visually impaired between the ages of 6 and 21 is deprived of a suitable education by the failure of the person having the care and custody of the child to provide a suitable education, the judge shall order the person to bring the child before the judge. If the material allegations of the affidavit are denied, the judge shall subpoena witnesses and hear testimony. If the allegations are admitted or established, the judge may order the child sent to the school Wisconsin School for the visually handicapped or for the deaf Deaf, the school operated by the Wisconsin Center for the Blind and Visually Impaired or to some class or other school for instruction, but the order shall may not make a direct charge for the class or school against any county.

9,2053q Section 2053q. 115.55 of the statutes is repealed.

9,2053r Section 2053r. 115.58 of the statutes is amended to read:

115.58 Park grounds. The state superintendent may permit the city of Janesville to use portions of the grounds of the state school for the visually handicapped Wisconsin Center for the Blind and Visually Impaired at Janesville, which abut on the Rock river, for purposes of operating a city park. Any construction on such grounds is subject to prior approval by the state superintendent. Any agreement pursuant hereto shall be cancelable at the option of either party without liability. Any such grounds so used by the city of Janesville shall be supervised by the city and shall be subject to the ordinances of the city of Janesville applicable to city parks.

9,2054 Section 2054. 115.75 (1) (a) of the statutes is amended to read:

115.75 (1) (a) Subject to the requirements of par. (b), each alternative school operating an American Indian language and culture education program under this subchapter shall receive state aid, from the appropriation under s. 20.255 (2) (ci) (km), in an amount equal to $185 $200 for each pupil who has completed the fall semester in the program.

9,2055 Section 2055. 115.75 (3) of the statutes is amended to read:

115.75 (3) If the appropriation under s. 20.255 (2) (ci) (km) in any year is insufficient to pay the full amount of aid under this section, state aid payments shall be prorated among the alternative schools entitled to such aid.

9,2055m Section 2055m. 115.775 of the statutes is created to read:

115.775 Duties of operators of certain charter schools. (1) Except as provided in sub. (2), an operator of a charter school under s. 118.40 (2r) is a local educational agency, as defined in 20 USC 1401 (15), and shall comply with 20 USC 1400 to 1491o.

(2) The board of directors of the school district operating under ch. 119 is a local educational agency under this section and shall comply with 20 USC 1400 to 1491o if the board of directors enters into an agreement with an operator of a charter school under s. 118.40 (2r) under which the board of directors agrees to serve as the local educational agency.

9,2057 Section 2057. 115.88 (1m) (a) of the statutes is amended to read:

115.88 (1m) (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 as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

9,2058 Section 2058. 115.88 (1m) (am) of the statutes is created to read:

115.88 (1m) (am) If the operator of a charter school established under s. 118.40 (2r) operates a special education program and the state superintendent is satisfied that the operator of the charter school is complying with 20 USC 1400 to 1491o, the state superintendent shall certify to the department of administration in favor of the operator of the charter school a sum equal to the amount that the operator of the charter school expended during the previous school year for salaries of full-time 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, as determined by the state superintendent. Certified costs under this paragraph are eligible for reimbursement from the appropriation under s. 20.255 (2) (b). The state superintendent may audit costs under this paragraph and adjust reimbursement to cover only actual, eligible costs.

9,2059 Section 2059. 115.88 (1m) (b) of the statutes is repealed.

9,2060 Section 2060. 115.88 (2) of the statutes is amended to read:

115.88 (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 an amount equal to the amount expended for such transportation as costs eligible for reimbursement from the appropriations under s. 20.255 (2) (b) and (br). 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.

9,2061 Section 2061. 115.88 (2m) of the statutes is created to read:

115.88 (2m) Other transportation aid. If the operator of a charter school established under s. 118.40 (2r) transports children with disabilities and the state superintendent is satisfied that the operator of the charter school is complying with 20 USC 1400 to 1491o, the state superintendent shall certify to the department of administration in favor of the operator of the charter school a sum equal to the amount that the operator of the charter school expended during the previous school year for transportation under this subsection as costs eligible for reimbursement from the appropriations under s. 20.255 (2) (b). The state superintendent may audit costs under this subsection and adjust reimbursement to cover only actual, eligible costs.

9,2061e Section 2061e. 115.88 (3) of the statutes is amended to read:

115.88 (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 in favor of each 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 an amount equal to the amount expended for such board and lodging and transportation as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

9,2061m Section 2061m. 115.88 (6) of the statutes is amended to read:

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 The department shall certify to the department of administration, in favor of each school district, an amount equal to the amount expended for salaries and travel expenses, in amounts as determined in advance by the state superintendent, to school districts for providing special education outside the school district of employment, as eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

9,2061s Section 2061s. 115.88 (8) of the statutes is amended to read:

115.88 (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 as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

9,2062 Section 2062. 115.88 (9) of the statutes is amended to read:

115.88 (9) Distribution schedule. Each county, cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) 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.

9,2063 Section 2063. 115.882 of the statutes is repealed and recreated to read: