SB529,16,139
115.782
(2) (f) The local educational agency shall ensure that the evaluation
10of a child with a disability who transfers from one school district to another in the
11same school year is coordinated with the child's prior and subsequent schools as
12necessary and as expeditiously as possible to ensure prompt completion of the
13evaluation.
SB529, s. 50
14Section
50. 115.782 (3) (a) of the statutes is amended to read:
SB529,16,2315
115.782
(3) (a) Upon the completion of the administration of
tests assessments 16and other evaluation
materials measures, the
individualized education program
17team group appointed under sub. (1) (ag) shall determine whether the child is a child
18with a disability
. The individualized education program team and the educational
19needs of the child. The group may not determine that a child is a child with a
20disability
solely because the child has received insufficient if the determinant factor
21for the determination is lack of appropriate instruction in reading
, including in the
22essential components of reading instruction, as defined in 20 USC 6368 (3), or
lack
23of instruction in math
, or because the child has limited proficiency in English.
SB529, s. 51
24Section
51. 115.782 (3) (b) of the statutes is amended to read:
SB529,17,15
1115.782
(3) (b)
If the individualized education program team determines that
2a child is a child with a disability, the team The local educational agency shall
3prepare an evaluation report that includes documentation of determination of
4eligibility
. The local educational agency shall ask each individualized education
5program team participant if he or she wants a copy of the evaluation report or
6additional time before the individualized education program team develops the
7child's individualized education program. If any individualized education program
8team participant requests a copy of the evaluation report at any point in the process
9of developing the child's individualized education program or considering the child's
10educational placement, the local educational agency shall give a copy of the report
11to each individualized education program team participant before continuing with
12the process. If no individualized education program team participant requests a copy
13of the evaluation report, the for special education. The local educational agency shall
14give a copy
of the evaluation report, including the documentation of eligibility, to the
15child's parents
with the notice of placement under s. 115.792 (2).
SB529, s. 52
16Section
52. 115.782 (3) (c) of the statutes is repealed.
SB529, s. 53
17Section
53. 115.782 (4) (a) (intro.) of the statutes is amended to read:
SB529,17,1918
115.782
(4) (a) (intro.) A local educational agency shall
ensure that the
19individualized education program team does do all of the following:
SB529, s. 54
20Section
54. 115.782 (4) (a) 1. and 2. of the statutes are amended to read:
SB529,18,421
115.782
(4) (a) 1.
Evaluates Evaluate a child with a disability in accordance
22with this section before determining that the child is no longer a child with a
23disability
, except that an evaluation is not required before the termination of a child's
24eligibility for special education and related services because he or she graduated
25from secondary school with a regular diploma or because he or she reached the age
1of 21. In those circumstances, the local educational agency shall provide the child
2with a summary of the child's academic achievement and functional performance,
3including recommendations on how to assist the child in meeting his or her
4postsecondary goals.
SB529,18,125
2.
Reevaluates Reevaluate a child with a disability in accordance with this
6section if the local educational agency determines that
conditions the educational or
7related services needs of the child, including the child's academic performance, 8warrant a reevaluation or if the child's parent or teacher requests a reevaluation
, but
9at least once every 3 years.. The local educational agency shall reevaluate a child no
10more frequently than once a year unless the child's parent and the local educational
11agency agree otherwise, and at least once every 3 years unless the child's parent and
12the local educational agency agree that a reevaluation is unnecessary.
SB529, s. 55
13Section
55. 115.782 (4) (c) of the statutes is amended to read:
SB529,18,2314
115.782
(4) (c) If the
individualized education program team and other
15qualified professionals, as determined by the local educational agency, find group
16described under sub. (1) (ag) finds under sub. (2) (b) 2. that no additional data are
17needed to determine whether the child continues to be a child with a disability
or to
18determine the child's educational needs, the local educational agency shall notify the
19child's parents of that finding and the reasons for it and the right of the child's
20parents to request an assessment to determine whether the child continues to be a
21child with a disability
and to determine the child's educational needs. The local
22educational agency is not required to conduct such an assessment unless the child's
23parents request it.
SB529, s. 56
24Section
56. 115.787 (2) (a) of the statutes is amended to read:
SB529,19,5
1115.787
(2) (a) A statement of the child's present level of
educational academic
2achievement and functional performance, including how the child's disability affects
3the child's involvement and progress in the general curriculum or, for a preschool
4child, as appropriate, how the disability affects the child's participation in
5appropriate activities.
SB529, s. 57
6Section
57. 115.787 (2) (b) of the statutes is amended to read:
SB529,19,127
115.787
(2) (b) A statement of measurable annual goals for the child, including
8benchmarks or short-term objectives, related to meeting academic and functional
9goals, designed to meet the child's needs that result from the child's disability to
10enable the child to be involved in and
make progress in the general curriculum, and
11to meeting meet each of the child's other educational needs that result from the
12child's disability.
SB529, s. 58
13Section
58. 115.787 (2) (bm) of the statutes is created to read:
SB529,19,1614
115.787
(2) (bm) For a child with a disability who takes alternate assessments
15aligned with alternate achievement standards, a description of benchmarks or
16short-term objectives.
SB529, s. 59
17Section
59. 115.787 (2) (c) (intro.) of the statutes is amended to read:
SB529,19,2218
115.787
(2) (c) (intro.) A statement of the special education and related services
19and supplementary aids and services
, based on peer-reviewed research to the extent
20practicable, to be provided to the child, or on behalf of the child, and a statement of
21the program modifications or supports for school personnel that will be provided for
22the child to do all of the following:
SB529, s. 60
23Section
60. 115.787 (2) (c) 1. of the statutes is amended to read:
SB529,19,2424
115.787
(2) (c) 1. Advance appropriately toward
attaining the annual goals.
SB529, s. 61
25Section
61. 115.787 (2) (c) 2. of the statutes is amended to read:
SB529,20,3
1115.787
(2) (c) 2. Be involved and
make progress in the general curriculum in
2accordance with par. (a) and participate in extracurricular and other nonacademic
3activities.
SB529, s. 62
4Section
62. 115.787 (2) (e) of the statutes is amended to read:
SB529,20,95
115.787
(2) (e) 1. A statement of any individual
modifications in the
6administration of any appropriate accommodations that are necessary to measure
7the academic achievement and functional performance of the child on statewide or
8local educational agency-wide
assessment of pupil achievement that are needed for
9the child to participate in the assessment assessments.
SB529,20,1610
2. If the individualized education program team determines that a child will
11not participate in take an alternate assessment on a particular statewide or local
12educational agency-wide assessment of pupil achievement,
or part of such an
13assessment, a statement of why
that assessment is not the child cannot participate
14in the regular assessment and why the particular alternate assessment selected is 15appropriate for the child
and how the child will be assessed through alternative
16means.
SB529, s. 63
17Section
63. 115.787 (2) (g) 1. and 2. of the statutes are repealed and recreated
18to read:
SB529,20,2319
115.787
(2) (g) 1. Beginning not later than in the first individualized education
20program that will be in effect when the child is 16, and updated annually thereafter,
21a statement of appropriate, measurable postsecondary goals for the child based on
22age-appropriate transition assessments related to training, education, employment
23and, where appropriate, independent living skills.
SB529,21,224
2. Beginning not later than in the first individualized education program that
25will be in effect when the child is 16, and updated annually thereafter, a description
1of the transition services, including courses of study, needed to assist the child in
2reaching the goals under subd. 1.
SB529, s. 64
3Section
64. 115.787 (2) (g) 3. of the statutes is amended to read:
SB529,21,84
115.787
(2) (g) 3. Beginning at least one year before the child attains the age
5of 18, and annually thereafter
until the child is no longer eligible for special
6education and related services, a statement that the child has been informed of the
7parental child's rights that will transfer to the child on reaching the age of 18 under
8s. 115.807.
SB529, s. 65
9Section
65. 115.787 (2) (h) 1. of the statutes is amended to read:
SB529,21,1110
115.787
(2) (h) 1. How the child's progress toward
attaining the annual goals
11described in par. (b) will be measured.
SB529, s. 66
12Section
66. 115.787 (2) (h) 2. of the statutes is repealed and recreated to read:
SB529,21,1513
115.787
(2) (h) 2. When periodic reports, such as quarterly reports or other
14periodic reports issued concurrently with report cards, on the child's progress toward
15attaining the annual goals described in par. (b) will be provided to the child's parents.
SB529, s. 67
16Section
67. 115.787 (3) (a) of the statutes is amended to read:
SB529,21,2117
115.787
(3) (a) In developing each child's individualized education program,
18the individualized education program team shall consider the strengths of the child,
19the concerns of the child's parents for enhancing the education of their child
and, the
20results of the initial evaluation or most recent reevaluation of the child
, and the
21academic, developmental, and functional needs of the child.
SB529, s. 68
22Section
68. 115.787 (3) (b) 1. of the statutes is amended to read:
SB529,22,223
115.787
(3) (b) 1. In the case of a child whose behavior impedes his or her
24learning or that of others
, consider
, when appropriate, strategies, including the use
1of positive behavioral interventions
, and supports
and other strategies to address 2that behavior.
SB529, s. 69
3Section
69. 115.787 (3) (b) 4. of the statutes is amended to read:
SB529,22,104
115.787
(3) (b) 4. Consider the
communicative communication needs of the
5child, and, in the case of a child who is hearing impaired, consider the child's
6language and
communicative communication needs, opportunities for direct
7communications with peers and professional personnel in the child's language and
8communicative communication mode, academic level and full range of needs,
9including opportunities for direct instruction in the child's language and
10communicative communication mode.
SB529, s. 70
11Section
70. 115.787 (3) (c) of the statutes is amended to read:
SB529,22,1712
115.787
(3) (c) The regular education teacher of the child, as a participant on
13the individualized education program team, shall, to the extent appropriate,
14participate in the development of the individualized education program of the child,
15including the determination of appropriate positive behavioral interventions
and
16supports and
other strategies and the determination of supplementary aids and
17services, program modifications and support for school personnel.
SB529, s. 71
18Section
71. 115.787 (3) (d) and (e) of the statutes are repealed.
SB529, s. 72
19Section
72. 115.787 (4) (c) of the statutes is created to read:
SB529,23,420
115.787
(4) (c) After the annual individualized education program meeting for
21a school year, the entire individualized education program team may make changes
22to the child's individualized education program, or the child's parent and the local
23educational agency may agree not to convene an individualized education program
24team meeting for the purpose of making changes to the child's individualized
25education program. If the child's parent and the local educational agency agree not
1to convene an individualized education program team meeting, they shall instead
2develop a written document to modify the child's current individualized education
3program. Upon request, the local educational agency shall give the child's parent a
4copy of the child's revised individualized education program.
SB529, s. 73
5Section
73. 115.787 (5) of the statutes is amended to read:
SB529,23,106
115.787
(5) Failure to meet transition objectives. If a participating agency,
7other than the local educational agency, fails to provide transition services in
8accordance with sub. (2) (g)
2., the local educational agency shall reconvene the
9individualized education program team to identify alternative strategies to meet the
10transition objectives for the child set out in the individualized education program.
SB529, s. 74
11Section
74. 115.787 (7) of the statutes is amended to read:
SB529,23,1712
115.787
(7) Construction. Nothing in this section requires the individualized
13education program team to include information under one component of a child's
14individualized education program that is already contained under another
15component of the individualized education program
or requires that additional
16information be included in a child's individualized educational program beyond what
17is explicitly required by this section.
SB529, s. 75
18Section
75. 115.791 (3) (intro.) of the statutes is renumbered 115.791 (3) (a)
19(intro.).
SB529, s. 76
20Section
76. 115.791 (3) (a) of the statutes is renumbered 115.791 (3) (b) 1.
SB529, s. 77
21Section
77. 115.791 (3) (b) (intro.) and 2. of the statutes are created to read:
SB529,23,2422
115.791
(3) (b) (intro.) Notwithstanding the notice requirement in sub. (2) (a),
23a court or hearing officer may determine not to reduce or deny the cost of
24reimbursement for failure to provide such notice if any of the following apply:
SB529,24,2
12. Compliance with sub. (2) (a) would likely result in serious emotional harm
2to the child.
SB529, s. 78
3Section
78. 115.791 (3) (b) of the statutes is renumbered 115.791 (3) (a) 2. and
4amended to read:
SB529,24,65
115.791
(3) (a) 2. Compliance with sub. (2) (a) would likely result in
serious 6physical
or serious emotional harm to the child.
SB529, s. 79
7Section
79. 115.791 (3) (c) of the statutes is renumbered 115.791 (3) (a) 3.
SB529, s. 80
8Section
80. 115.791 (3) (d) of the statutes is renumbered 115.791 (3) (a) 4.
SB529, s. 81
9Section
81. 115.792 (1) (a) 2. of the statutes is amended to read:
SB529,24,1710
115.792
(1) (a) 2. That a child's rights are protected by the assignment of an
11individual, who shall not be an employee of the department, the local educational
12agency
, or any other agency that is involved in the education or care of the child, to
13act as a surrogate for the child's parents whenever the child's parents are not known;
14the local educational agency cannot, after reasonable efforts, locate the child's
15parents; or the child is a ward of the state.
For a child who is a ward of the state, a
16judge overseeing the child's care may appoint a surrogate for the child's parents if the
17surrogate meets the requirements of this subdivision.
SB529, s. 82
18Section
82. 115.792 (2) (d) of the statutes is amended to read:
SB529,24,2119
115.792
(2) (d) A description of each
evaluative evaluation procedure,
test 20assessment, record
, or report that the local educational agency used as a basis for the
21proposed or refused action.
SB529, s. 83
22Section
83. 115.792 (2) (e) of the statutes is repealed.
SB529, s. 84
23Section
84. 115.792 (2) (g) of the statutes is amended to read:
SB529,25,324
115.792
(2) (g) A statement that the parents of a child with a disability have
25procedural safeguards under this section and, if this notice is not an initial referral
1for evaluation,
or reevaluation, or a notice of an individualized education program
2meeting, the way in which the parents may obtain a description of the procedural
3safeguards under sub. (3).
SB529, s. 85
4Section
85. 115.792 (2) (i) of the statutes is repealed.
SB529, s. 86
5Section
86. 115.792 (3) (b) (intro.) of the statutes is amended to read:
SB529,25,146
115.792
(3) (b) (intro.) The local educational agency shall give to the parents
7of a child with a disability,
once a year but also upon the child's initial referral
or
8parental request for evaluation, upon
each notification of an individualized
9education program meeting and upon reevaluation of the child the first occurrence
10of the filing of a request for a hearing under s. 115.80, and upon request by the child's
11parent, a full explanation written
so as to be
in an easily
understood by the general
12public understandable manner, and in the native language of the child's parents
13unless it clearly is not feasible to do so, of the procedural safeguards available under
14this section and under applicable federal law relating to all of the following:
SB529, s. 87
15Section
87. 115.792 (3) (b) 5. of the statutes is amended to read:
SB529,25,1816
115.792
(3) (b) 5. Opportunity to present
and resolve complaints
, including the
17period in which the child's parents may request a hearing and the opportunity for the
18local educational agency to resolve the issues presented by the request.
SB529, s. 88
19Section
88. 115.792 (3) (b) 11. of the statutes is amended to read:
SB529,25,2120
115.792
(3) (b) 11. Civil actions
, including the period in which to file a civil
21action.
SB529, s. 89
22Section
89. 115.797 (1) (a) of the statutes is amended to read:
SB529,26,423
115.797
(1) (a) "Dispute" means any disagreement between parties concerning
24the proposal or refusal to initiate or change the evaluation, individualized education
25program or educational placement of a child with a disability or the provision of a free
1appropriate public education to such a child. "Dispute" includes any such
2disagreement between parties
that arises before the filing of a request for a hearing
3under s. 115.80 or in which other processes, including a hearing under s. 115.80 or
4litigation, have been requested or commenced.
SB529, s. 90
5Section
90. 115.797 (6) of the statutes is amended to read:
SB529,26,136
115.797
(6) Agreements. If the parties resolve the dispute or a portion of the
7dispute, or agree to use another procedure to resolve the dispute, the mediator shall
8ensure that the resolution or agreement is reduced to writing, that it is signed by the
9parties and that a copy is given to each party.
The written resolution or agreement
10shall state that all discussions that occurred during mediation are confidential and
11may not be used as evidence in any hearing or civil proceeding. The resolution or
12agreement is legally binding upon the parties
and is enforceable in the circuit court
13for the county in which the local educational agency is located.
SB529, s. 91
14Section
91. 115.80 (1) (a) 1. of the statutes is amended to read:
SB529,26,2415
115.80
(1) (a) 1. A parent, or the attorney representing the child, may file a
16written request
with the division for a hearing within one year after the refusal or
17proposal of the local educational agency to initiate or change his or her child's
18evaluation, individualized education program, educational placement
, or the
19provision of a free appropriate public education, except that, if the local educational
20agency has not previously provided the parent or the attorney representing the child
21with notice of the right to request a hearing under this subdivision, he or she may
22file a request under this subdivision within one year after the local educational
23agency provides the notice. The division shall develop a model form to assist parents
24in filing a request under this subdivision.
SB529, s. 92
25Section
92. 115.80 (1) (b) of the statutes is amended to read:
SB529,27,4
1115.80
(1) (b) A local educational agency may file a written request
with the
2division for a hearing
only to override a parent's refusal to grant consent for an initial
3evaluation
, or a reevaluation
or an initial educational placement or to contest the
4payment of an independent educational evaluation.
SB529, s. 93
5Section
93. 115.80 (1) (d) of the statutes is amended to read:
SB529,27,116
115.80
(1) (d)
A parent or local educational agency, or the attorney representing
7a parent or local educational agency, shall file a request for a hearing under this
8subsection by providing the request to the other party and a copy of the request to
9the division. Upon receiving a request for a hearing, the division shall give to the
10child's parents a copy of the procedural safeguards available to the parents under s.
11115.792 and under federal regulations.
SB529, s. 94
12Section
94. 115.80 (1) (e) of the statutes is created to read:
SB529,28,213
115.80
(1) (e) 1. If the parent of a child with a disability files a written request
14for a hearing, and the local educational agency has not previously sent a written
15notice to the parent under s. 115.792 (1) (b) regarding the subject matter of the
16hearing request, the local educational agency shall, within 10 days of receiving the
17hearing request, send to the child's parent a written explanation of why the local
18educational agency proposed or refused to take the action raised in the hearing
19request, a description of other options that the individualized education program
20team considered and the reason why those options were rejected, a description of
21each evaluation procedure, assessment, record, or report that the local educational
22agency used as the basis for the proposed or refused action, and a description of the
23factors that are relevant to the local educational agency's proposal or refusal. A
24response by a local educational agency under this subdivision does not preclude the
1agency from asserting that the parent's request for a hearing is insufficient under
2subd. 2.
SB529,28,103
2. A hearing may not occur until the party requesting the hearing, or the
4attorney representing that party, files a request that meets the requirements of par.
5(a) 2. The request under par. (a) 2. shall be considered sufficient unless the party
6receiving the request notifies the hearing officer and the other party in writing that
7the receiving party believes the request does not meet the requirements of par. (a)
82. Within 5 days of receiving a notice under this subdivision, the hearing officer shall
9determine whether the request meets the requirements under par. (a) 2. and notify
10the parties.
SB529, s. 95
11Section
95. 115.80 (1) (f) of the statutes is created to read: