2017 - 2018 LEGISLATURE
November 29, 2017 - Introduced by Representatives Mason, Jagler, Anderson,
Berceau, Bowen, Considine, Genrich, Hebl, Horlacher, Kitchens, Kolste,
Mursau, Ohnstad, Ripp, Spiros and Subeck, cosponsored by Senators Olsen
and Johnson. Referred to Committee on Education.
1An Act to amend
118.15 (3) (a); and to create
118.16 (2) (cg) 2m. of the statutes; 2relating to: requiring an evaluation to determine whether a pupil with an
3extended absence from school is a child with a disability.
Analysis by the Legislative Reference Bureau
This bill requires a school attendance officer to direct a pupil services
professional to determine whether to refer a child who has been excused absent for
ten or more days in a school year because the child is temporarily not in proper
physical or mental condition to attend school for an evaluation as to whether the
child is a child with a disability. Under current law, a child who has been evaluated
and determined to be a child with a disability may be eligible for certain special
education and related services. Under current law, a “pupil services professional” is
a school counselor, school social worker, school psychologist, or school nurse. Current
law defines a “school attendance officer” as an employee designated by the school
board to deal with matters relating to school attendance and truancy.
The bill also requires the school attendance officer to notify the parent or
guardian of a pupil that has been absent without an excuse for part or all of five or
more days that the parent or guardian may request an evaluation of whether the
child is a child with a disability or, for a child who has been identified as a child with
a disability and for whom an individualized education program has been prepared,
a review and, if appropriate, revision of the child's IEP.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
118.15 (3) (a) of the statutes is amended to read:
(a) Any child who is excused by the school board because the child 3
is temporarily not in proper physical or mental condition to attend a school program 4
but who can be expected to return to a school program upon termination or 5
abatement of the illness or condition. The school attendance officer may request the 6
parent or guardian of the child to obtain a written statement from a licensed 7
physician, dentist, chiropractor, optometrist, psychologist, physician assistant, or 8
nurse practitioner, as defined in s. 255.06 (1) (d), or certified advanced practice nurse 9
prescriber or Christian Science practitioner living and residing in this state, who is 10
listed in the Christian Science Journal, as sufficient proof of the physical or mental 11
condition of the child. An excuse under this paragraph shall be in writing and shall 12
state the time period for which it is valid, not to exceed 30 days.
A written attendance
13policy established under s. 118.16 (4) (a) shall require the school attendance officer
14to direct a pupil services professional, as defined in s. 118.257 (1) (c), to determine
15whether to refer a child who is excused under this paragraph for 10 or more days in
16a school year for an evaluation as to whether the child is a child with a disability
17under s. 115.76 (5) if the district has not already identified the child as a child with
18a disability. The school attendance officer shall direct the pupil services professional
19to provide the parent or guardian of that child with the information described under
20s. 115.777 (3) (d).
118.16 (2) (cg) 2m. of the statutes is created to read:
(cg) 2m. A statement that the parent or guardian may request any 2
of the following:
a. A referral under s. 115.777 for an evaluation of whether the child is a child 4
with a disability under s. 115.76 (5).
b. A copy of the information described under s. 115.777 (3) (d).
c. For a child who has been identified as a child with a disability under s. 115.76 7
(5) and for whom an individualized education program under s. 115.787 is in effect, 8
a meeting of the child's individualized education program team to review, and, if 9
appropriate, revise, that individualized education program as provided under s. 10