115.74(1)(a)
(a) Conduct a statewide assessment of the need for American Indian language and culture education programs. The assessment shall include information on:
115.74(1)(a)1.
1. Numbers, ages, location and tribal affiliation of American Indian pupils.
115.74(1)(a)2.
2. Concentration of American Indian pupils in attendance areas, as defined in
s. 121.845 (1), within each school district by tribal affiliation.
115.74(1)(a)3.
3. Rates of American Indian children receiving special education and related services under
subch. V of ch. 115 in comparison with statewide and district-wide rates.
115.74(1)(a)4.
4. Advancement, achievement levels and dropout rates of American Indian pupils in comparison with average advancement and dropout rates.
115.74(1)(b)
(b) Evaluate the American Indian language and culture education programs established under this subchapter. Alternative school programs shall be evaluated under this paragraph only with the permission of the school.
115.74(2)
(2) Annually, on or before July 1, the state superintendent shall evaluate all available resources and programs which are or could be directed toward meeting the educational needs of American Indian pupils. The evaluation shall include information on:
115.74(2)(a)
(a) Numbers, locations and qualifications of teachers, administrators, counselors and others from American Indian backgrounds who are interested in working in American Indian language and culture education programs.
115.74(2)(b)
(b) Programs in this state designed for the preparation of American Indian language and culture education teachers.
115.74(2)(c)
(c) The effectiveness of programs for American Indian pupils in this state other than programs established under this subchapter.
115.74(2)(d)
(d) The effectiveness of preservice and in-service programs for staffs of American Indian language and culture education programs.
115.74(2)(e)
(e) The tests, criteria, procedures and methods used to identify, test, assess and classify American Indian pupils.
115.74(3)
(3) The assessment of needs under
sub. (1) (a) and the evaluation of resources under
sub. (2) shall be performed on Indian reservations and in other Indian communities recognized by the federal government only in conjunction with, or with the permission of, the respective tribal governments.
115.74(4)
(4) The state superintendent shall prepare a biennial report which shall be included as an addendum to the department's biennial report under
s. 15.04 (1) (d). The report shall include the results of the most recent assessment of needs and evaluation of programs under
sub. (1), the evaluation of resources under
sub. (2) and recommendations for legislation in the area of American Indian language and culture education.
115.75
115.75
Aid to alternative schools. 115.75(1)(a)(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) (km), in an amount equal to $200 for each pupil who has completed the fall semester in the program.
115.75(1)(b)
(b) No alternative school may receive state aid under this section unless the state superintendent:
115.75(1)(b)1.
1. Determines that the alternative school has adequate management and accounting capacity and that the school agrees that its accounts related to the program may be audited.
115.75(1)(b)2.
2. Certifies that the alternative school has met the requirements of
ss. 115.73 and
115.735 and has submitted a report to the state superintendent which includes a description of all expenditures made in the prior year in connection with the program, a budget for the current year for the program and the number of pupils who have completed the fall semester in the program.
115.75(2)
(2) State aid under this section shall be paid in April of each year. In no case may such aid supplant federal aid received by the alternative school and utilized for American Indian language and culture education programs in the prior year.
115.75(3)
(3) If the appropriation under
s. 20.255 (2) (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.
CHILDREN WITH DISABILITIES
115.758
115.758
Construction. To the extent possible, this subchapter shall be construed in a manner that is consistent with
20 USC 1400 to
1487.
115.758 History
History: 1997 a. 164.
115.76
115.76
Definitions. In this subchapter:
115.76(1)
(1) "Assistive technology device" means any item, piece of equipment or product system that is used to increase, maintain or improve the functional capabilities of a child with a disability.
115.76(2)
(2) "Assistive technology service" means any service that directly assists a child with a disability in the selection, acquisition or use of an assistive technology device, including all of the following:
115.76(2)(a)
(a) The evaluation of the needs of the child, including a functional evaluation of the child in the child's customary environment.
115.76(2)(b)
(b) Purchasing, leasing or otherwise providing for the acquisition of assistive technology devices by the child.
115.76(2)(c)
(c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing of assistive technology devices.
115.76(2)(d)
(d) Coordinating and using other therapies, interventions or services with assistive technology devices, such as those associated with existing education and rehabilitative plans and programs.
115.76(2)(e)
(e) Training or technical assistance for the child or, where appropriate, the child's family.
115.76(2)(f)
(f) Training or technical assistance for professionals, including individuals providing education and rehabilitative services, employers or other individuals who provide services to, employ or are otherwise substantially involved in the major life functions of the child.
115.76(3)
(3) "Child" means any person who is at least 3 years old but not yet 21 years old and who has not graduated from high school and, for the duration of a school term, any person who becomes 21 years old during that school term and who has not graduated from high school.
115.76(4)
(4) "Child caring institution" means a child welfare agency licensed under
s. 48.60.
115.76(5)(a)(a) "Child with a disability" means a child who, by reason of any of the following, needs special education and related services:
115.76(5)(b)
(b) "Child with a disability" may, at the discretion of the local educational agency and consistent with department rules, include a child who, by reason of his or her significant developmental delay, needs special education and related services.
115.76(6)
(6) "Division" means the division for learning support, equity and advocacy in the department.
115.76(7)
(7) "Free appropriate public education" means special education and related services that are provided at public expense and under public supervision and direction, meet the standards of the department, include an appropriate preschool, elementary or secondary school education and are provided in conformity with an individualized education program.
115.76(8)
(8) "Hearing officer" means an independent examiner appointed to conduct hearings under
s. 115.80.
115.76(9)
(9) "Individualized education program" means a written statement for a child with a disability that is developed, reviewed and revised in accordance with
s. 115.787.
115.76(10)
(10) "Local educational agency", except as otherwise provided, means the school district in which the child with a disability resides, the department of health and family services if the child with a disability resides in an institution or facility operated by the department of health and family services, or the department of corrections if the child with a disability resides in a Type 1 secured correctional facility, as defined in
s. 938.02 (19), or a Type 1 prison, as defined in
s. 301.01 (5).
115.76(11)
(11) "Native language", when used with reference to an individual of limited English proficiency, means the language normally used by the individual.
115.76(12)(a)2.
2. A husband who has consented to the artificial insemination of his wife under
s. 891.40.
115.76(12)(a)4.
4. A male who has been adjudicated the child's father under
subch. VIII of ch. 48, under
ss. 767.45 to
767.51, by final order or judgment of an Indian tribal court of competent jurisdiction or by final order or judgment of a court of competent jurisdiction in another state.
115.76(12)(a)10.
10. A foster parent, if the right and the responsibility of all of the persons specified in
subds. 1. to
5. to make educational decisions concerning a child have been extinguished by termination of parental rights, by transfer of guardianship or legal custody or by other court order, and if the foster parent has an ongoing, long-term parental relationship with the child, is willing to make the educational decisions that are required of a parent under this subchapter and has no interests that would conflict with the interests of the child.
115.76(12)(b)
(b) "Parent" does not include any of the following:
115.76(12)(b)2.
2. The state, a county or a child welfare agency, if a child was made a ward of the state, county or child welfare agency under
ch. 880 or if a child has been placed in the legal custody or guardianship of the state, county or child welfare agency under
ch. 48 or
ch. 767.
115.76(12)(b)3.
3. An American Indian tribal agency if the child was made a ward of the agency or placed in the legal custody or guardianship of the agency.
115.76(13)
(13) "Person acting as a parent of a child" means a relative of the child or a private individual allowed to act as a parent of a child by the child's biological or adoptive parents or guardian, and includes the child's grandparent, neighbor, friend or private individual caring for the child with the explicit or tacit approval of the child's biological or adoptive parents or guardian. "Person acting as a parent of a child" does not include any person that receives public funds to care for the child if such funds exceed the cost of such care.
115.76(14)
(14) "Related services" means transportation and such developmental, corrective and other supportive services as may be required to assist a child with a disability to benefit from special education, including speech-language pathology and audiology services; psychological services; physical and occupational therapy; recreation, including therapeutic recreation; social work services; counseling services, including rehabilitative counseling; orientation and mobility services; medical services for diagnostic and evaluative purposes only; and the early identification and assessment of disabling conditions in children.
115.76(15)
(15) "Special education" means specially designed instruction, regardless of where the instruction is conducted, that is provided at no cost to the child or the child's parents, to meet the unique needs of a child with a disability, including instruction in physical education.
115.76(16)
(16) "Supplementary aids and services" means aids, services and other supports that are provided in regular education classes or other education-related settings to enable a child with a disability to be educated with nondisabled children to the maximum extent appropriate.
115.76 History
History: 1997 a. 164,
237;
1999 a. 116,
161.
115.762
115.762
Division for learning support, equity and advocacy. 115.762(1)(1)
Appointment of administrator. The state superintendent shall appoint the administrator of the division.
115.762(2)
(2) Staff. Subject to the approval of the state superintendent, the administrator of the division shall appoint qualified staff necessary to perform the duties required of the division.
115.762(3)
(3) Division duties. The division is responsible for all of the following:
115.762(3)(a)
(a) Ensuring that all children with disabilities, including children who are not yet 3 years of age, who reside in this state and who are in need of special education and related services are identified, located and evaluated.
115.762(3)(am)
(am) Ensuring that a free appropriate public education is available to all children with disabilities who reside in this state, including such children who are suspended or expelled from school.
115.762(3)(b)
(b) Developing and implementing a practical method to determine which children with disabilities are receiving special education and related services.
115.762(3)(c)
(c) Complying with the requirements of this subchapter and applicable federal law, including
20 USC 1415 (k).
