SB529-SSA1, s. 40
6Section
40. 115.782 (2) (a) 3. a. of the statutes is amended to read:
SB529-SSA1,12,127
115.782
(2) (a) 3. a. That
tests
assessments and other evaluation materials
8used to assess a child under this section are selected and administered so as not to
9be racially or culturally discriminatory and are provided and administered in the
10child's native language
or other mode of communication and form most likely to yield
11accurate information on what the child knows and can do academically,
12developmentally, and functionally, unless it is clearly not feasible to do so.
SB529-SSA1, s. 41
13Section
41. 115.782 (2) (a) 3. b. of the statutes is amended to read:
SB529-SSA1,12,1914
115.782
(2) (a) 3. b. That
any standardized tests that are assessments and other
15evaluation materials given to the child
have been validated for the specific purpose
16for which they are used
for the purposes for which they are valid and reliable, are
17administered by trained and knowledgeable personnel
, and are administered in
18accordance with any instructions provided by the producer of
such tests the
19assessments or evaluation materials.
SB529-SSA1, s. 42
20Section
42. 115.782 (2) (b) 1. of the statutes is amended to read:
SB529-SSA1,12,2521
115.782
(2) (b) 1. Review existing evaluation data on the child, including
22evaluations and information provided by the child's parents
,; previous interventions
23and the effects of those interventions
,; current classroom-based
, local, or state 24assessments
and; classroom-based observations
,; and observations by teachers and
25related services providers.
SB529-SSA1, s. 43
1Section
43. 115.782 (2) (b) 2. (intro.), a. and b. of the statutes are amended to
2read:
SB529-SSA1,13,53
115.782
(2) (b) 2. (intro.) On the basis of that review and information provided
4by the child's parents, identify the additional data, if any, that are needed
, and the
5qualifications of the evaluators that are needed, to determine all of the following:
SB529-SSA1,13,86
a. Whether the child has a particular category of disability
and the educational
7needs of the child or, in case of a reevaluation of a child, whether the child continues
8to have such a disability
and such educational needs.
SB529-SSA1,13,109
b. The present levels of
performance and educational
academic achievement
10and related developmental needs of the child.
SB529-SSA1,13,1412
115.782
(2) (c) The local educational agency shall administer such
tests 13assessments and other evaluation
materials measures as may be needed to produce
14the data identified under par. (b) 2.
SB529-SSA1, s. 45
15Section
45. 115.782 (2) (d) of the statutes is renumbered 115.78 (1m) (h) and
16amended to read:
SB529-SSA1,13,2217
115.78
(1m) (h) If
a the child is attending a public school in a nonresident
18school district under s. 118.51 or 121.84 (1) (a) or (4),
when the individualized
19education program team conducts its initial evaluation of the child or any
20reevaluation of the child under sub. (4), the team shall include at least one person
21designated by the school board of the child's school district of residence who has
22knowledge or special expertise about the child.
SB529-SSA1,14,5
1115.782
(2) (f) The local educational agency shall ensure that the evaluation
2of a child with a disability who transfers from one school district to another in the
3same school year is coordinated with the child's prior and subsequent schools as
4necessary and as expeditiously as possible to ensure prompt completion of the
5evaluation.
SB529-SSA1,14,157
115.782
(3) (a) Upon the completion of the administration of
tests assessments 8and other evaluation
materials measures, the individualized education program
9team shall determine whether the child is a child with a disability
. The
10individualized education program team and the educational needs of the child. The
11team may not determine that a child is a child with a disability
solely because the
12child has received insufficient if the determinant factor for the determination is lack
13of appropriate instruction in reading
, including in the essential components of
14reading instruction, as defined in 20 USC 6368 (3), or
lack of instruction in math
, or
15because the child has limited proficiency in English.
SB529-SSA1,15,617
115.782
(3) (b)
If the The individualized education program team
determines
18that a child is a child with a disability, the team shall prepare an evaluation report
19that includes documentation of determination of eligibility
. The local educational
20agency shall ask each individualized education program team participant if he or she
21wants a copy of the evaluation report or additional time before the individualized
22education program team develops the child's individualized education program. If
23any individualized education program team participant requests a copy of the
24evaluation report at any point in the process of developing the child's individualized
25education program or considering the child's educational placement, the local
1educational agency shall give a copy of the report to each individualized education
2program team participant before continuing with the process. If no individualized
3education program team participant requests a copy of the evaluation report, the for
4special education. The local educational agency shall give a copy
of the evaluation
5report, including the documentation of eligibility, to the child's parents
with the
6notice of placement under s. 115.792 (2).
SB529-SSA1, s. 51
8Section
51. 115.782 (4) (a) 1. and 2. of the statutes are amended to read:
SB529-SSA1,15,179
115.782
(4) (a) 1. Evaluates a child with a disability in accordance with this
10section before determining that the child is no longer a child with a disability
, except
11that an evaluation is not required before the termination of a child's eligibility for
12special education and related services because he or she graduated from secondary
13school with a regular diploma or because he or she reached the age of 21. In those
14circumstances, the local educational agency shall provide the child with a summary
15of the child's academic achievement and functional performance, including
16recommendations on how to assist the child in meeting his or her postsecondary
17goals.
SB529-SSA1,15,2518
2. Reevaluates a child with a disability in accordance with this section if the
19local educational agency determines that
conditions
the educational or related
20services needs of the child, including the child's academic performance, warrant a
21reevaluation or if the child's parent or teacher requests a reevaluation
, but at least
22once every 3 years.. The individualized education program team shall reevaluate a
23child no more frequently than once a year unless the child's parent and the local
24educational agency agree otherwise, and at least once every 3 years unless the child's
25parent and the local educational agency agree that a reevaluation is unnecessary.
SB529-SSA1,16,102
115.782
(4) (c) If the individualized education program team and other
3qualified professionals, as determined by the local educational agency, find under
4sub. (2) (b) 2. that no additional data are needed to determine whether the child
5continues to be a child with a disability
or to determine the child's educational needs,
6the local educational agency shall notify the child's parents of that finding and the
7reasons for it and the right of the child's parents to request an assessment to
8determine whether the child continues to be a child with a disability
and to
9determine the child's educational needs. The local educational agency is not required
10to conduct such an assessment unless the child's parents request it.
SB529-SSA1,16,1612
115.787
(2) (a) A statement of the child's present level of
educational academic
13achievement and functional performance, including how the child's disability affects
14the child's involvement and progress in the general curriculum or, for a preschool
15child, as appropriate, how the disability affects the child's participation in
16appropriate activities.
SB529-SSA1,16,2318
115.787
(2) (b) A statement of measurable annual goals for the child, including
19benchmarks or short-term objectives, related to meeting academic and functional
20goals, designed to meet the child's needs that result from the child's disability to
21enable the child to be involved in and
make progress in the general curriculum, and
22to meeting meet each of the child's other educational needs that result from the
23child's disability.
SB529-SSA1,17,3
1115.787
(2) (bm) For a child with a disability who takes alternate assessments
2aligned with alternate achievement standards, a description of benchmarks or
3short-term objectives.
SB529-SSA1, s. 56
4Section
56. 115.787 (2) (c) (intro.) of the statutes is amended to read:
SB529-SSA1,17,95
115.787
(2) (c) (intro.) A statement of the special education and related services
6and supplementary aids and services
, based on peer-reviewed research to the extent
7practicable, to be provided to the child, or on behalf of the child, and a statement of
8the program modifications or supports for school personnel that will be provided for
9the child to do all of the following:
SB529-SSA1, s. 57
10Section
57. 115.787 (2) (c) 1. of the statutes is amended to read:
SB529-SSA1,17,1111
115.787
(2) (c) 1. Advance appropriately toward
attaining the annual goals.
SB529-SSA1, s. 58
12Section
58. 115.787 (2) (c) 2. of the statutes is amended to read:
SB529-SSA1,17,1513
115.787
(2) (c) 2. Be involved and
make progress in the general curriculum in
14accordance with par. (a) and participate in extracurricular and other nonacademic
15activities.
SB529-SSA1,17,2117
115.787
(2) (e) 1. A statement of any individual
modifications in the
18administration of any appropriate accommodations that are necessary to measure
19the academic achievement and functional performance of the child on statewide or
20local educational agency-wide
assessment of pupil achievement that are needed for
21the child to participate in the assessment assessments.
SB529-SSA1,18,322
2. If the individualized education program team determines that a child will
23not participate in take an alternate assessment on a particular statewide or local
24educational agency-wide assessment of pupil achievement,
or part of such an
25assessment, a statement of why
that assessment is not the child cannot participate
1in the regular assessment and why the particular alternate assessment selected is 2appropriate for the child
and how the child will be assessed through alternative
3means.
SB529-SSA1, s. 60
4Section
60. 115.787 (2) (g) 1. and 2. of the statutes are repealed and recreated
5to read:
SB529-SSA1,18,106
115.787
(2) (g) 1. Beginning not later than in the first individualized education
7program that will be in effect when the child is 14, and updated annually thereafter,
8a statement of appropriate, measurable postsecondary goals for the child based on
9age-appropriate transition assessments related to training, education, employment
10and, where appropriate, independent living skills.
SB529-SSA1,18,1411
2. Beginning not later than in the first individualized education program that
12will be in effect when the child is 14, and updated annually thereafter, a description
13of the transition services, including courses of study, needed to assist the child in
14reaching the goals under subd. 1.
SB529-SSA1, s. 61
15Section
61. 115.787 (2) (g) 3. of the statutes is amended to read:
SB529-SSA1,18,2016
115.787
(2) (g) 3. Beginning at least one year before the child attains the age
17of 18, and annually thereafter
until the child is no longer eligible for special
18education and related services, a statement that the child has been informed of the
19parental child's rights that will transfer to the child on reaching the age of 18 under
20s. 115.807.
SB529-SSA1, s. 62
21Section
62. 115.787 (2) (h) 1. of the statutes is amended to read:
SB529-SSA1,18,2322
115.787
(2) (h) 1. How the child's progress toward
attaining the annual goals
23described in par. (b) will be measured.
SB529-SSA1, s. 63
24Section
63. 115.787 (2) (h) 2. of the statutes is repealed and recreated to read:
SB529-SSA1,19,3
1115.787
(2) (h) 2. When periodic reports, such as quarterly reports or other
2periodic reports issued concurrently with report cards, on the child's progress toward
3attaining the annual goals described in par. (b) will be provided to the child's parents.
SB529-SSA1,19,95
115.787
(3) (a) In developing each child's individualized education program,
6the individualized education program team shall consider the strengths of the child,
7the concerns of the child's parents for enhancing the education of their child
and, the
8results of the initial evaluation or most recent reevaluation of the child
, and the
9academic, developmental, and functional needs of the child.
SB529-SSA1, s. 65
10Section
65. 115.787 (3) (b) 1. of the statutes is amended to read:
SB529-SSA1,19,1411
115.787
(3) (b) 1. In the case of a child whose behavior impedes his or her
12learning or that of others
, consider
, when appropriate, strategies, including the use
13of positive behavioral interventions
, and supports
and other strategies to address 14that behavior.
SB529-SSA1, s. 66
15Section
66. 115.787 (3) (b) 4. of the statutes is amended to read:
SB529-SSA1,19,2216
115.787
(3) (b) 4. Consider the
communicative communication needs of the
17child, and, in the case of a child who is hearing impaired, consider the child's
18language and
communicative communication needs, opportunities for direct
19communications with peers and professional personnel in the child's language and
20communicative communication mode, academic level and full range of needs,
21including opportunities for direct instruction in the child's language and
22communicative communication mode.
SB529-SSA1,20,424
115.787
(3) (c) The regular education teacher of the child, as a participant on
25the individualized education program team, shall, to the extent appropriate,
1participate in the development of the individualized education program of the child,
2including the determination of appropriate positive behavioral interventions
and
3supports and
other strategies and the determination of supplementary aids and
4services, program modifications and support for school personnel.
SB529-SSA1,20,167
115.787
(4) (c) After the annual individualized education program meeting for
8a school year, the entire individualized education program team may make changes
9to the child's individualized education program, or the child's parent and the local
10educational agency may agree not to convene an individualized education program
11team meeting for the purpose of making changes to the child's individualized
12education program. If the child's parent and the local educational agency agree not
13to convene an individualized education program team meeting, they shall instead
14develop a written document to modify the child's current individualized education
15program. The local educational agency shall give the child's parent a copy of the
16child's revised individualized education program.
SB529-SSA1,20,2218
115.787
(5) Failure to meet transition objectives. If a participating agency,
19other than the local educational agency, fails to provide transition services in
20accordance with sub. (2) (g)
2., the local educational agency shall reconvene the
21individualized education program team to identify alternative strategies to meet the
22transition objectives for the child set out in the individualized education program.
SB529-SSA1,21,424
115.787
(6) (b) If a child with a disability is convicted of a crime and
25incarcerated in a state prison, the child's individualized education program team
1may modify the child's individualized education program or placement
2notwithstanding the requirements of sub. (1) and s. 115.79 (1)
(a) if the department
3of corrections has demonstrated a bona fide security or compelling penological
4interest that cannot otherwise be accommodated.
SB529-SSA1,21,116
115.787
(7) Construction. Nothing in this section requires the individualized
7education program team to include information under one component of a child's
8individualized education program that is already contained under another
9component of the individualized education program
or requires that additional
10information be included in a child's individualized education program beyond what
11is explicitly required by this section.
SB529-SSA1, s. 73
12Section
73. 115.79 (intro.) of the statutes is renumbered 115.79 (1) (intro.).
SB529-SSA1,21,1914
115.79
(2) A local educational agency shall seek to obtain informed consent
15from the parent of a child with a disability before providing special education and
16related services to the child. If the parent of a child with a disability denies consent,
17the local educational agency shall not provide special education and related services
18to the child. If the parent of a child with a disability denies consent or does not
19respond to a request for consent, all of the following apply:
SB529-SSA1,21,2120
(a) The local educational agency is not in violation of the requirement to make
21available to the child a free appropriate public education.
SB529-SSA1,21,2522
(b) The local educational agency is not required to convene an individualized
23education program team meeting or to develop an individualized education program
24for the child for the special education and related services for which the local
25educational agency sought consent.
SB529-SSA1, s. 75
1Section
75. 115.791 (3) (intro.) of the statutes is renumbered 115.791 (3) (a)
2(intro.).
SB529-SSA1, s. 76
3Section
76. 115.791 (3) (a) of the statutes is renumbered 115.791 (3) (b) 1.
SB529-SSA1, s. 77
4Section
77. 115.791 (3) (b) (intro.) and 2. of the statutes are created to read:
SB529-SSA1,22,75
115.791
(3) (b) (intro.) Notwithstanding the notice requirement in sub. (2) (a),
6a court or hearing officer may determine not to reduce or deny the cost of
7reimbursement for failure to provide such notice if any of the following apply:
SB529-SSA1,22,98
2. Compliance with sub. (2) (a) would likely result in serious emotional harm
9to the child.
SB529-SSA1, s. 78
10Section
78. 115.791 (3) (b) of the statutes is renumbered 115.791 (3) (a) 2. and
11amended to read:
SB529-SSA1,22,1312
115.791
(3) (a) 2. Compliance with sub. (2) (a) would likely result in physical
13or serious emotional harm to the child.
SB529-SSA1, s. 79
14Section
79. 115.791 (3) (c) of the statutes is renumbered 115.791 (3) (a) 3.
SB529-SSA1, s. 80
15Section
80. 115.791 (3) (d) of the statutes is renumbered 115.791 (3) (a) 4.
SB529-SSA1, s. 81
16Section
81. 115.792 (1) (a) 2. of the statutes is amended to read:
SB529-SSA1,22,2417
115.792
(1) (a) 2. That a child's rights are protected by the assignment of an
18individual, who shall not be an employee of the department, the local educational
19agency
, or any other agency that is involved in the education or care of the child, to
20act as a surrogate for the child's parents whenever the child's parents are not known;
21the local educational agency cannot, after reasonable efforts, locate the child's
22parents; or the child is a ward of the state.
For a child who is a ward of the state, a
23judge overseeing the child's care may appoint a surrogate for the child's parents if the
24surrogate meets the requirements of this subdivision.
SB529-SSA1,23,3
1115.792
(2) (d) A description of each
evaluative evaluation procedure,
test 2assessment, record
, or report that the local educational agency used as a basis for the
3proposed or refused action.
SB529-SSA1,23,65
115.792
(2) (e) If the notice proposes to evaluate or reevaluate the child, the
6qualifications names of the evaluators
and their names, if known.