Amendment SSA1-SB529

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 An Act to repeal 115.77 (4) (a) to (k), 115.77 (7), 115.78 (4), 115.782 (2) (e), 115.782 (3) (c), 115.787 (3) (d) and 115.792 (2) (i); to renumber 115.79 (intro.), 115.791 (3) (intro.), 115.791 (3) (a), 115.791 (3) (c) and 115.791 (3) (d); to renumber and amend 115.77 (4) (n), 115.782 (2) (d), 115.791 (3) (b) and 115.80 (5); to amend 115.758, 115.76 (1), 115.76 (3), 115.76 (5) (a) 5., 115.76 (14), 115.76 (17), 115.762 (3) (c), 115.762 (3) (g), 115.762 (3) (j), 115.77 (1m) (intro.), 115.77 (1m) (b), 115.77 (1m) (bg), 115.77 (1m) (e), 115.77 (1m) (f), 115.77 (4) (intro.), 115.77 (8), 115.775, 115.78 (1m) (c), 115.78 (1m) (d), 115.78 (3) (d), 115.782 (1) (a), 115.782 (1) (b), 115.782 (2) (a) (intro.), 115.782 (2) (a) 1., 115.782 (2) (a) 3. a., 115.782 (2) (a) 3. b., 115.782 (2) (b) 1., 115.782 (2) (b) 2. (intro.), a. and b., 115.782 (2) (c), 115.782 (3) (a), 115.782 (3) (b), 115.782 (4) (a) 1. and 2., 115.782 (4) (c), 115.787 (2) (a), 115.787 (2) (b), 115.787 (2) (c) (intro.), 115.787 (2) (c) 1., 115.787 (2) (c) 2., 115.787 (2) (e), 115.787 (2) (g) 3., 115.787 (2) (h) 1., 115.787 (3) (a), 115.787 (3) (b) 1., 115.787 (3) (b) 4., 115.787 (3) (c), 115.787 (5), 115.787 (6) (b), 115.787 (7), 115.792 (1) (a) 2., 115.792 (2) (d), 115.792 (2) (e), 115.792 (2) (g), 115.792 (3) (b) (intro.), 115.792 (3) (b) 5., 115.792 (3) (b) 11., 115.797 (1) (a), 115.797 (6), 115.80 (1) (a) 1., 115.80 (1) (b), 115.80 (1) (d), 115.80 (2), 115.80 (4), 115.80 (6), 115.81 (title), 115.812 (1), 118.51 (12) (a) and 118.51 (12) (b) 2.; to repeal and recreate 115.762 (3) (e), 115.762 (3) (h), 115.762 (3) (i), 115.78 (3) (a) to (c), 115.787 (2) (g) 1. and 2., 115.787 (2) (h) 2. and 115.80 (9); and to create 115.77 (4) (p), 115.77 (4) (q), 115.77 (4) (r), 115.777 (3) (e), 115.78 (5), 115.782 (1) (intro.), 115.782 (1) (c), 115.782 (2) (f), 115.787 (2) (bm), 115.787 (4) (c), 115.79 (2), 115.791 (3) (b) (intro.) and 2., 115.80 (1) (e), 115.80 (1) (f), 115.80 (1) (g), 115.80 (2m) and 115.80 (5) (c) of the statutes; relating to: special education programs for children with disabilities.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB529-SSA1, s. 1 Section 1. 115.758 of the statutes is amended to read:

SB529-SSA1,2,16 115.758 Construction. To the extent possible, this subchapter shall be construed in a manner that is consistent with 20 USC 1400 to 1487 1482 and is consistent with the purposes specified in 20 USC 1400 (d).

SB529-SSA1, s. 2 Section 2. 115.76 (1) of the statutes is amended to read:

SB529-SSA1,2,21 115.76 (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 other than a medical device that is surgically implanted or the replacement of such a device.

SB529-SSA1, s. 3 Section 3. 115.76 (3) of the statutes is amended to read:

SB529-SSA1,3,6 115.76 (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, and includes a child who is homeless, a child who is a ward of the state, county, or child welfare agency, and a child who is attending a private school.

SB529-SSA1, s. 4 Section 4. 115.76 (5) (a) 5. of the statutes is amended to read:

SB529-SSA1,3,8 115.76 (5) (a) 5. Emotional disturbance behavioral disability.

SB529-SSA1, s. 5 Section 5. 115.76 (14) of the statutes is amended to read:

SB529-SSA1,3,22 115.76 (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; interpreting services; psychological services; physical and occupational therapy; recreation, including therapeutic recreation; social work services; school nursing services designed to enable a child with a disability to receive a free appropriate public education as described in the child's individualized education program; 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) as may be required to assist a child with a disability to benefit from special education. "Related services" does not include a medical device that is surgically implanted or the replacement of such a device.

SB529-SSA1, s. 6 Section 6. 115.76 (17) of the statutes is amended to read:

SB529-SSA1,3,25 115.76 (17) "Transition services" has the meaning given in 20 USC 1401 (30) (34).

SB529-SSA1, s. 7 Section 7. 115.762 (3) (c) of the statutes is amended to read:

SB529-SSA1,4,3 115.762 (3) (c) Complying with the requirements of this subchapter and applicable federal law, including 20 USC 1415 (k) and 42 USC 11431 to 11434a.

SB529-SSA1, s. 8 Section 8. 115.762 (3) (e) of the statutes is repealed and recreated to read:

SB529-SSA1,4,7 115.762 (3) (e) Determining local educational agency eligibility for assistance, including determining whether a local educational agency is failing to comply with any of the requirements of the plan submitted to the division under s. 115.77 (4).

SB529-SSA1, s. 9 Section 9. 115.762 (3) (g) of the statutes is amended to read:

SB529-SSA1,4,11 115.762 (3) (g) Monitoring and enforcing local educational agency and residential care center for children and youth compliance with this subchapter and applicable federal law, including 20 USC 1415 (k) and 42 USC 11431 to 11434a.

SB529-SSA1, s. 10 Section 10. 115.762 (3) (h) of the statutes is repealed and recreated to read:

SB529-SSA1,4,14 115.762 (3) (h) Developing and maintaining a performance plan in compliance with 20 USC 1416 (b).

SB529-SSA1, s. 11 Section 11. 115.762 (3) (i) of the statutes is repealed and recreated to read:

SB529-SSA1,4,21 115.762 (3) (i) Establishing and maintaining qualifications to ensure that personnel necessary to carry out the requirements of this subchapter are appropriately and adequately prepared and trained, in compliance with 20 USC 1412 (a) (14), and requiring that local educational agencies take measurable steps to recruit, hire, train, and retain highly qualified personnel to provide special education and related services to children with disabilities under this subchapter.

SB529-SSA1, s. 12 Section 12. 115.762 (3) (j) of the statutes is amended to read:

SB529-SSA1,5,7 115.762 (3) (j) Examining data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities among local educational agencies or compared to such rates for nondisabled children within such agencies. If such discrepancies are occurring, the division shall review and, if appropriate, revise or require the affected local educational agency to revise its policies, procedures and practices relating to the development and implementation of individualized education programs, the use of positive behavioral interventions and supports and procedural safeguards to ensure that such policies, procedures and practices comply with this subchapter.

SB529-SSA1, s. 13 Section 13. 115.77 (1m) (intro.) of the statutes is amended to read:

SB529-SSA1,5,10 115.77 (1m) (intro.) A local educational agency shall demonstrate to the satisfaction of the division that it does all of the following:

SB529-SSA1, s. 14 Section 14. 115.77 (1m) (b) of the statutes is amended to read:

SB529-SSA1,5,17 115.77 (1m) (b) Makes available a free appropriate public education to children with disabilities as required by this subchapter and applicable state and federal law, except that a local educational agency that provides special education and related services to a child with a disability who has not yet attained the age of 3 and who is participating in an early intervention program under s. 51.44 is not required to provide the child with a free appropriate public education.

SB529-SSA1, s. 15 Section 15. 115.77 (1m) (bg) of the statutes is amended to read:

SB529-SSA1,5,24 115.77 (1m) (bg) Includes children with disabilities in statewide and local educational agency-wide assessments, including assessments described in 20 USC 6311 (b) (3), with appropriate modifications accommodations and alternate assessments where necessary, or in alternative assessments for those children who cannot participate in statewide or local educational agency-wide assessments and as indicated in their individualized education programs.

SB529-SSA1, s. 16 Section 16. 115.77 (1m) (e) of the statutes is amended to read:

SB529-SSA1,6,7 115.77 (1m) (e) To the extent consistent with the number and location of children with disabilities residing in the local educational agency who are enrolled by their parents in private elementary and secondary schools located within the local educational agency, ensures that those children have an opportunity to participate in special education and related services and that the amount spent to provide those services by the local educational agency is equal to a proportionate amount of federal funds made available under this subchapter.

SB529-SSA1, s. 17 Section 17. 115.77 (1m) (f) of the statutes is amended to read:

SB529-SSA1,6,10 115.77 (1m) (f) Establishes written policies and, procedures, and programs for implementing this subchapter and applicable federal law.

SB529-SSA1, s. 18 Section 18. 115.77 (4) (intro.) of the statutes is amended to read:

SB529-SSA1,6,17 115.77 (4) (intro.) A local educational agency shall submit to the division, pursuant to a schedule and instructions established and published by the division, the agency's a plan, including a program narrative, for the provision of special education and related services that includes that provides assurances to the division that the local educational agency meets the conditions required by 20 USC 1413 (a), including all of the following:

SB529-SSA1, s. 19 Section 19. 115.77 (4) (a) to (k) of the statutes are repealed.

SB529-SSA1, s. 20 Section 20. 115.77 (4) (n) of the statutes is renumbered 115.77 (4) (s) and amended to read:

SB529-SSA1,6,22 115.77 (4) (s) Any other information the division requires to permit its review and approval of the plan.

SB529-SSA1, s. 21 Section 21. 115.77 (4) (p) of the statutes is created to read:

SB529-SSA1,7,3 115.77 (4) (p) Assurances that the local educational agency, in providing for the children with disabilities within its jurisdiction, has in effect policies, procedures, and programs that are consistent with this subchapter and applicable federal law.

SB529-SSA1, s. 22 Section 22. 115.77 (4) (q) of the statutes is created to read:

SB529-SSA1,7,7 115.77 (4) (q) The local educational agency's plan for ensuring that all personnel necessary to carry out the requirements of this subchapter are appropriately and adequately prepared according to applicable state and federal law.

SB529-SSA1, s. 23 Section 23. 115.77 (4) (r) of the statutes is created to read:

SB529-SSA1,7,11 115.77 (4) (r) The data regarding children with disabilities and nondisabled children in the local educational agency that the division is required to collect or report to be in compliance with 20 USC 1400 to 1482.