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.
SB529-SSA1,23,128
115.792
(2) (g) A statement that the parents of a child with a disability have
9procedural safeguards under this section and, if this notice is not an initial referral
10for evaluation,
or reevaluation, or a notice of an individualized education program
11meeting, the way in which the parents may obtain a description of the procedural
12safeguards under sub. (3).
SB529-SSA1, s. 86
14Section
86. 115.792 (3) (b) (intro.) of the statutes is amended to read:
SB529-SSA1,23,2315
115.792
(3) (b) (intro.) The local educational agency shall give to the parents
16of a child with a disability,
once a year but also upon the child's initial referral
or
17parental request for evaluation, upon
each notification of an individualized
18education program meeting and upon reevaluation of the child the first occurrence
19of the filing of a request for a hearing under s. 115.80, and upon request by the child's
20parent, a full explanation written
so as to be
in an easily
understood by the general
21public understandable manner, and in the native language of the child's parents
22unless it clearly is not feasible to do so, of the procedural safeguards available under
23this section and under applicable federal law relating to all of the following:
SB529-SSA1, s. 87
24Section
87. 115.792 (3) (b) 5. of the statutes is amended to read:
SB529-SSA1,24,3
1115.792
(3) (b) 5. Opportunity to present
and resolve complaints
, including the
2period in which the child's parents may request a hearing and the opportunity for the
3local educational agency to resolve the issues presented by the request.
SB529-SSA1, s. 88
4Section
88. 115.792 (3) (b) 11. of the statutes is amended to read:
SB529-SSA1,24,65
115.792
(3) (b) 11. Civil actions
, including the period in which to file a civil
6action.
SB529-SSA1,24,148
115.797
(1) (a) "Dispute" means any disagreement between parties concerning
9the proposal or refusal to initiate or change the evaluation, individualized education
10program or educational placement of a child with a disability or the provision of a free
11appropriate public education to such a child. "Dispute" includes any such
12disagreement between parties
that arises before the filing of a request for a hearing
13under s. 115.80 or in which other processes, including a hearing under s. 115.80 or
14litigation, have been requested or commenced.
SB529-SSA1,24,2316
115.797
(6) Agreements. If the parties resolve the dispute or a portion of the
17dispute, or agree to use another procedure to resolve the dispute, the mediator shall
18ensure that the resolution or agreement is reduced to writing, that it is signed by the
19parties and that a copy is given to each party.
The written resolution or agreement
20shall state that all discussions that occurred during mediation are confidential and
21may not be used as evidence in any hearing or civil proceeding. The resolution or
22agreement is legally binding upon the parties
and is enforceable in the circuit court
23for the county in which the local educational agency is located.
SB529-SSA1, s. 91
24Section
91. 115.80 (1) (a) 1. of the statutes is amended to read:
SB529-SSA1,25,10
1115.80
(1) (a) 1. A parent, or the attorney representing the child, may file a
2written request
with the division for a hearing within one year after the refusal or
3proposal of the local educational agency to initiate or change his or her child's
4evaluation, individualized education program, educational placement
, or the
5provision of a free appropriate public education, except that, if the local educational
6agency has not previously provided the parent or the attorney representing the child
7with notice of the right to request a hearing under this subdivision, he or she may
8file a request under this subdivision within one year after the local educational
9agency provides the notice. The division shall develop a model form to assist parents
10in filing a request under this subdivision.
SB529-SSA1,25,1512
115.80
(1) (b) A local educational agency may file a written request
with the
13division for a hearing
only to override a parent's refusal to grant consent for an initial
14evaluation
, or a reevaluation
or an initial educational placement or to contest the
15payment of an independent educational evaluation.
SB529-SSA1,25,2217
115.80
(1) (d)
A parent or local educational agency, or the attorney representing
18a parent or local educational agency, shall file a request for a hearing under this
19subsection by providing the request to the other party and a copy of the request to
20the division. Upon receiving a request for a hearing, the division shall give to the
21child's parents a copy of the procedural safeguards available to the parents under s.
22115.792 and under federal regulations.
SB529-SSA1,26,1224
115.80
(1) (e) 1. If the parent of a child with a disability files a written request
25for a hearing, and the local educational agency has not previously sent a written
1notice to the parent under s. 115.792 (1) (b) regarding the subject matter of the
2hearing request, the local educational agency shall, within 10 days of receiving the
3hearing request, send to the child's parent a written explanation of why the local
4educational agency proposed or refused to take the action raised in the hearing
5request, a description of other options that the individualized education program
6team considered and the reason why those options were rejected, a description of
7each evaluation procedure, assessment, record, or report that the local educational
8agency used as the basis for the proposed or refused action, and a description of the
9factors that are relevant to the local educational agency's proposal or refusal. A
10response by a local educational agency under this subdivision does not preclude the
11agency from asserting that the parent's request for a hearing is insufficient under
12subd. 2.
SB529-SSA1,26,2013
2. A hearing may not occur until the party requesting the hearing, or the
14attorney representing that party, files a request that meets the requirements of par.
15(a) 2. The request under par. (a) 2. shall be considered sufficient unless the party
16receiving the request notifies the hearing officer and the other party in writing
17within 15 days of receiving the request that the receiving party believes the request
18does not meet the requirements of par. (a) 2. Within 5 days of receiving a notice under
19this subdivision, the hearing officer shall determine whether the request meets the
20requirements under par. (a) 2. and notify the parties.
SB529-SSA1,26,2422
115.80
(1) (f) The party receiving a request for a hearing shall send to the party
23requesting the hearing a written response that addresses the issues raised in the
24hearing request within 10 days of receiving the request.
SB529-SSA1,27,8
1115.80
(1) (g) A party filing a written request for a hearing under par. (a) may
2amend its request only if the other party consents in writing and is given the
3opportunity to resolve the issues presented by the request at a meeting under sub.
4(2m), or if the hearing officer grants permission at least 5 days before the hearing is
5scheduled to occur. The applicable timeline for resolution under sub. (2m) and for
6a hearing under sub. (6) recommences when the party files an amended request for
7a hearing. Nothing in this paragraph precludes a parent from filing a separate
8hearing request on an issue separate from the hearing request already filed.
SB529-SSA1,27,2010
115.80
(2) The division shall maintain a list of qualified hearing officers who
11are not employed by or under contract with the department or the local educational
12agency, other than being appointed under this subsection,
and who do not have a
13personal or professional interest that conflicts with the person's objectivity in the
14hearing, to serve as hearing officers in hearings under this section.
A hearing officer
15must possess knowledge of, and the ability to understand, state and federal special
16education laws, rules, and regulations, and legal interpretations by federal and state
17courts. A hearing officer also must possess the knowledge and ability to conduct
18hearings and render and write decisions in accordance with appropriate, standard
19legal practice. Upon receipt of a written request for a hearing under sub. (1), the
20division shall appoint a hearing officer from the list.
SB529-SSA1,28,322
115.80
(2m) (a) Except as provided in par. (c), within 15 days of receiving a
23request for a hearing under sub. (1) (a) 1. and before the hearing is conducted, the
24local educational agency shall convene a meeting with the child's parents and the
25relevant members of the individualized education program team who have specific
1knowledge of the facts identified in the hearing request. At the meeting, the child's
2parents shall discuss the hearing request and the facts that form the basis of the
3request and the local educational agency may resolve the issues.
SB529-SSA1,28,74
(b) The meeting under par. (a) shall include a representative of the local
5educational agency who is authorized to make decisions on behalf of the agency. The
6meeting may not include an attorney of the local educational agency unless the
7child's parent is accompanied by an attorney.
SB529-SSA1,28,98
(c) The parents and the local educational agency may agree in writing to waive
9the meeting under par. (a) or use mediation under s. 115.797.
SB529-SSA1,28,1510
(d) If the child's parents and the local educational agency resolve the subject
11matter of the hearing request at the meeting under par. (a), they shall execute and
12sign a legally binding agreement that is enforceable in the circuit court for the county
13in which the local educational agency is located, except that either the parent or the
14local educational agency may void the agreement within 3 business days of its
15execution.
SB529-SSA1,28,1816
(e) If the local educational agency does not resolve the issues presented by the
17hearing request to the satisfaction of the child's parents within 30 days of receipt of
18the request, the hearing requested under sub. (1) (a) 1. may occur.
SB529-SSA1,29,320
115.80
(4) At least 5 business days before a hearing is conducted under this
21section, other than an expedited hearing under
20 USC 1415 (k), each party shall
22disclose to all other parties all evaluations completed by that date and
23recommendations based on the offering party's evaluations that the party intends to
24use at the hearing. The hearing officer may bar any party that fails to comply with
25this subsection from introducing the relevant evaluation or recommendation at the
1hearing without the consent of the other party.
The party requesting the hearing
2may not raise issues at the hearing that were not raised in the notice filed under sub.
3(1) (a) unless the other party agrees.
SB529-SSA1, s. 100
4Section
100. 115.80 (5) of the statutes is renumbered 115.80 (5) (a) and
5amended to read:
SB529-SSA1,29,156
115.80
(5) (a) A hearing officer may administer oaths and affirmations, issue
7subpoenas and enforce subpoenas under ss. 885.01 (4) and 885.12, regulate the
8course of the hearing and hold conferences for the settlement or simplification of the
9issues. The hearing officer is not bound by common law or statutory rules of evidence.
10The hearing officer shall admit all testimony having reasonable probative value, but
11shall exclude immaterial, irrelevant or unduly repetitious testimony. The hearing
12officer shall give effect to the rules of privilege recognized by law. A hearing officer
13has the authority to issue an order consistent with this subchapter and
20 USC 1415 14(k) and to order whatever remedy is reasonably necessary to bring the parties into
15compliance with this subchapter.
SB529-SSA1,29,20
16(b) The hearing officer's decision shall consist of findings of fact and conclusions
17of law and shall be based upon a preponderance of the evidence. The findings of fact
18shall be based solely upon the evidence received at the hearing.
The decision shall
19be made on substantive grounds based on a determination of whether the child has
20received a free appropriate public education.
SB529-SSA1,30,422
115.80
(5) (c) In matters alleging a procedural violation, a hearing officer may
23find that a child did not receive a free appropriate public education only if the
24procedural inadequacies impeded the child's right to a free appropriate public
25education, significantly impeded the parents' opportunity to participate in the
1decision-making process regarding the provision of a free appropriate public
2education to the child, or caused a deprivation of educational benefits. Nothing in
3this paragraph precludes a hearing officer from ordering a local educational agency
4to comply with procedural requirements.
SB529-SSA1,30,136
115.80
(6) The hearing officer shall issue a decision within 45 days after
the
7receipt of the request for the hearing under sub. (1) the conclusion of the 30-day
8period specified in sub. (2m) (e). The hearing officer may order an independent
9educational evaluation of the child at local educational agency expense and grant
10specific extensions of time for cause at the request of either party. If the hearing
11officer grants an extension of time, he or she shall include that extension and the
12reason for the extension in the record of the proceedings. The local educational
13agency shall pay the cost of the hearing.
SB529-SSA1, s. 103
14Section
103. 115.80 (9) of the statutes is repealed and recreated to read:
SB529-SSA1,30,1715
115.80
(9) A circuit court may award reasonable attorney fees and actual costs
16in any action or proceeding brought in circuit court under this section as provided in
1720 USC 1415 (i) (3) (B) to (G).
SB529-SSA1,30,20
19115.81 (title)
Children in child caring institutions residential care
20centers.
SB529-SSA1,31,322
115.812
(1) Placement disputes. If a dispute arises between a local educational
23agency and the department of health and family services, the department of
24corrections or a county department under s. 46.215, 46.22 or 46.23, or between local
25educational agencies under s. 115.81 (4) (c), over the placement of a child, the state
1superintendent shall resolve the dispute. This subsection applies only to placements
2in nonresidential educational programs made under s. 48.57 (1) (c) and to placements
3in
child caring institutions residential care centers made under s. 115.81.
SB529-SSA1,31,165
118.51
(12) (a)
Unavailable after enrollment. If the individualized education
6program for a pupil, developed or revised under s. 115.787 after a child begins
7attending public school in a nonresident school district under this section, requires
8special education or related services that are not available in the nonresident school
9district or if there is no space available to provide the special education or related
10services identified in the child's individualized education program, including any
11class size limits, pupil-teacher ratios or enrollment projections established by the
12nonresident school board, the nonresident school board may notify the child's parent
13and the child's resident school board that the special education or related service is
14not available in the nonresident school district. If such notice is provided, the child
15shall be transferred to his or her resident school district, which shall provide an
16educational placement for the child under s. 115.79
(2) (1) (b).
SB529-SSA1,32,618
118.51
(12) (b) 2. If the costs of the special education or related services
19required in an individualized education program for a pupil, developed or revised
20under s. 115.787 after a child begins attending public school in a nonresident school
21district under this section, as implemented or proposed to be implemented by the
22nonresident school district, would impose upon the child's resident school district an
23undue financial burden in light of the resident school district's total economic
24circumstances, including its revenue limit under subch. VII of ch. 121, its ability to
25pay tuition costs for the pupil and the per pupil special education or related services
1costs for children with disabilities continuing to be served by the resident school
2district, the child's resident school board may notify the pupil's parent and the
3nonresident school board that the costs of the special education or related services
4impose such an undue financial burden on the resident school district. If such notice
5is provided, the child shall be transferred to his or her resident school district, which
6shall provide an educational placement for the child under s. 115.79
(2) (1) (b).
SB529-SSA1,32,108
(1) The treatment of sections 115.80 (1) (a) 1., (b), (d), (e), (f), and (g), (2), (2m),
9(4), (5), and (9) of the statutes first applies to requests for hearings filed on the
10effective date of this subsection.
SB529-SSA1,32,1212
(1) This act takes effect on July 1, 2006.