LRBs0526/3
PG:wlj:pg
2005 - 2006 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2005 SENATE BILL 529
February 14, 2006 - Offered by
Committee on Education.
SB529-SSA1,2,12
1An Act to repeal 115.77 (4) (a) to (k), 115.77 (7), 115.78 (4), 115.782 (2) (e),
2115.782 (3) (c), 115.787 (3) (d) and 115.792 (2) (i);
to renumber 115.79 (intro.),
3115.791 (3) (intro.), 115.791 (3) (a), 115.791 (3) (c) and 115.791 (3) (d);
to
4renumber and amend 115.77 (4) (n), 115.782 (2) (d), 115.791 (3) (b) and 115.80
5(5);
to amend 115.758, 115.76 (1), 115.76 (3), 115.76 (5) (a) 5., 115.76 (14),
6115.76 (17), 115.762 (3) (c), 115.762 (3) (g), 115.762 (3) (j), 115.77 (1m) (intro.),
7115.77 (1m) (b), 115.77 (1m) (bg), 115.77 (1m) (e), 115.77 (1m) (f), 115.77 (4)
8(intro.), 115.77 (8), 115.775, 115.78 (1m) (c), 115.78 (1m) (d), 115.78 (3) (d),
9115.782 (1) (a), 115.782 (1) (b), 115.782 (2) (a) (intro.), 115.782 (2) (a) 1., 115.782
10(2) (a) 3. a., 115.782 (2) (a) 3. b., 115.782 (2) (b) 1., 115.782 (2) (b) 2. (intro.), a.
11and b., 115.782 (2) (c), 115.782 (3) (a), 115.782 (3) (b), 115.782 (4) (a) 1. and 2.,
12115.782 (4) (c), 115.787 (2) (a), 115.787 (2) (b), 115.787 (2) (c) (intro.), 115.787 (2)
13(c) 1., 115.787 (2) (c) 2., 115.787 (2) (e), 115.787 (2) (g) 3., 115.787 (2) (h) 1.,
1115.787 (3) (a), 115.787 (3) (b) 1., 115.787 (3) (b) 4., 115.787 (3) (c), 115.787 (5),
2115.787 (6) (b), 115.787 (7), 115.792 (1) (a) 2., 115.792 (2) (d), 115.792 (2) (e),
3115.792 (2) (g), 115.792 (3) (b) (intro.), 115.792 (3) (b) 5., 115.792 (3) (b) 11.,
4115.797 (1) (a), 115.797 (6), 115.80 (1) (a) 1., 115.80 (1) (b), 115.80 (1) (d), 115.80
5(2), 115.80 (4), 115.80 (6), 115.81 (title), 115.812 (1), 118.51 (12) (a) and 118.51
6(12) (b) 2.;
to repeal and recreate 115.762 (3) (e), 115.762 (3) (h), 115.762 (3)
7(i), 115.78 (3) (a) to (c), 115.787 (2) (g) 1. and 2., 115.787 (2) (h) 2. and 115.80 (9);
8and
to create 115.77 (4) (p), 115.77 (4) (q), 115.77 (4) (r), 115.777 (3) (e), 115.78
9(5), 115.782 (1) (intro.), 115.782 (1) (c), 115.782 (2) (f), 115.787 (2) (bm), 115.787
10(4) (c), 115.79 (2), 115.791 (3) (b) (intro.) and 2., 115.80 (1) (e), 115.80 (1) (f),
11115.80 (1) (g), 115.80 (2m) and 115.80 (5) (c) of the statutes;
relating to: special
12education programs for children with disabilities.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB529-SSA1,2,16
14115.758 Construction. To the extent possible, this subchapter shall be
15construed in a manner that is consistent with
20 USC 1400 to
1487 1482 and is
16consistent with the purposes specified in 20 USC 1400 (d).
SB529-SSA1,2,2118
115.76
(1) "Assistive technology device" means any item, piece of equipment
19or product system that is used to increase, maintain or improve the functional
20capabilities of a child with a disability
other than a medical device that is surgically
21implanted or the replacement of such a device.
SB529-SSA1,3,6
1115.76
(3) "Child" means any person who is at least 3 years old but not yet 21
2years old and who has not graduated from high school and, for the duration of a school
3term, any person who becomes 21 years old during that school term and who has not
4graduated from high school
, and includes a child who is homeless, a child who is a
5ward of the state, county, or child welfare agency, and a child who is attending a
6private school.
SB529-SSA1, s. 4
7Section
4. 115.76 (5) (a) 5. of the statutes is amended to read:
SB529-SSA1,3,88
115.76
(5) (a) 5. Emotional
disturbance behavioral disability.
SB529-SSA1,3,2210
115.76
(14) "Related services" means transportation and such developmental,
11corrective and other supportive services
as may be required to assist a child with a
12disability to benefit from special education, (including speech-language pathology
13and audiology services;
interpreting services; psychological services; physical and
14occupational therapy; recreation, including therapeutic recreation; social work
15services;
school nursing services designed to enable a child with a disability to receive
16a free appropriate public education as described in the child's individualized
17education program; counseling services, including rehabilitative counseling;
18orientation and mobility services; medical services for diagnostic and evaluative
19purposes only; and the early identification and assessment of disabling conditions
20in children
) as may be required to assist a child with a disability to benefit from
21special education. "Related services" does not include a medical device that is
22surgically implanted or the replacement of such a device.
SB529-SSA1,3,2524
115.76
(17) "Transition services" has the meaning given in
20 USC 1401 (30) 25(34).
SB529-SSA1, s. 7
1Section
7. 115.762 (3) (c) of the statutes is amended to read:
SB529-SSA1,4,32
115.762
(3) (c) Complying with the requirements of this subchapter and
3applicable federal law, including
20 USC 1415 (k)
and 42 USC 11431 to 11434a.
SB529-SSA1, s. 8
4Section
8. 115.762 (3) (e) of the statutes is repealed and recreated to read:
SB529-SSA1,4,75
115.762
(3) (e) Determining local educational agency eligibility for assistance,
6including determining whether a local educational agency is failing to comply with
7any of the requirements of the plan submitted to the division under s. 115.77 (4).
SB529-SSA1, s. 9
8Section
9. 115.762 (3) (g) of the statutes is amended to read:
SB529-SSA1,4,119
115.762
(3) (g) Monitoring and enforcing local educational agency and
10residential care center for children and youth compliance with this subchapter and
11applicable federal law, including
20 USC 1415 (k)
and 42 USC 11431 to 11434a.
SB529-SSA1, s. 10
12Section
10. 115.762 (3) (h) of the statutes is repealed and recreated to read:
SB529-SSA1,4,1413
115.762
(3) (h) Developing and maintaining a performance plan in compliance
14with
20 USC 1416 (b).
SB529-SSA1, s. 11
15Section
11. 115.762 (3) (i) of the statutes is repealed and recreated to read:
SB529-SSA1,4,2116
115.762
(3) (i) Establishing and maintaining qualifications to ensure that
17personnel necessary to carry out the requirements of this subchapter are
18appropriately and adequately prepared and trained, in compliance with
20 USC
191412 (a) (14), and requiring that local educational agencies take measurable steps
20to recruit, hire, train, and retain highly qualified personnel to provide special
21education and related services to children with disabilities under this subchapter.
SB529-SSA1,5,723
115.762
(3) (j) Examining data
, including data disaggregated by race and
24ethnicity, to determine if significant discrepancies are occurring in the rate of
25long-term suspensions and expulsions of children with disabilities among local
1educational agencies or compared to such rates for nondisabled children within such
2agencies. If such discrepancies are occurring, the division shall review and, if
3appropriate, revise or require the affected local educational agency to revise its
4policies, procedures and practices relating to the development and implementation
5of individualized education programs, the use of
positive behavioral interventions
6and supports and procedural safeguards to ensure that such policies, procedures and
7practices comply with this subchapter.
SB529-SSA1, s. 13
8Section
13. 115.77 (1m) (intro.) of the statutes is amended to read:
SB529-SSA1,5,109
115.77
(1m) (intro.) A local educational agency shall demonstrate to
the
10satisfaction of the division that it does all of the following:
SB529-SSA1,5,1712
115.77
(1m) (b) Makes available a free appropriate public education to children
13with disabilities as required by this subchapter and applicable state and federal law
,
14except that a local educational agency that provides special education and related
15services to a child with a disability who has not yet attained the age of 3 and who is
16participating in an early intervention program under s. 51.44 is not required to
17provide the child with a free appropriate public education.
SB529-SSA1,5,2419
115.77
(1m) (bg) Includes children with disabilities in statewide and local
20educational agency-wide assessments,
including assessments described in 20 USC
216311 (b) (3), with appropriate
modifications
accommodations and alternate
22assessments where necessary
, or in alternative assessments for those children who
23cannot participate in statewide or local educational agency-wide assessments and
24as indicated in their individualized education programs.
SB529-SSA1,6,7
1115.77
(1m) (e) To the extent consistent with the number and location of
2children with disabilities
residing in the local educational agency who are enrolled
3by their parents in private elementary and secondary schools
located within the local
4educational agency, ensures that those children have an opportunity to participate
5in special education and related services and that the amount spent to provide those
6services by the local educational agency is equal to a proportionate amount of federal
7funds made available under this subchapter.
SB529-SSA1,6,109
115.77
(1m) (f) Establishes written policies
and, procedures
, and programs for
10implementing this subchapter and applicable federal law.
SB529-SSA1, s. 18
11Section
18. 115.77 (4) (intro.) of the statutes is amended to read:
SB529-SSA1,6,1712
115.77
(4) (intro.) A local educational agency shall submit to the division,
13pursuant to a schedule and instructions established and published by the division,
14the agency's a plan
, including a program narrative, for the provision of special
15education and related services that includes that provides assurances to the division
16that the local educational agency meets the conditions required by 20 USC 1413 (a),
17including all of the following:
SB529-SSA1, s. 20
19Section
20. 115.77 (4) (n) of the statutes is renumbered 115.77 (4) (s) and
20amended to read:
SB529-SSA1,6,2221
115.77
(4) (s) Any other information the division requires to permit its review
22and approval of the plan.
SB529-SSA1,7,3
1115.77
(4) (p) Assurances that the local educational agency, in providing for the
2children with disabilities within its jurisdiction, has in effect policies, procedures,
3and programs that are consistent with this subchapter and applicable federal law.
SB529-SSA1,7,75
115.77
(4) (q) The local educational agency's plan for ensuring that all
6personnel necessary to carry out the requirements of this subchapter are
7appropriately and adequately prepared according to applicable state and federal law.
