Statutory authority
Related statute or rule
Agency authority
Section
115.762 (3) (a), Stats., requires the department to ensure that all children with disabilities are identified, located and evaluated.
Section
227.11 (2) (a), Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it if the agency considers it necessary to effectuate the purpose of the statute.
Federal regulation
Surrounding states regulation
Illinois, Iowa, Michigan, and Minnesota (as well as the remaining states) will be revising their law to comply with the federal language.
Plain language analysis
In 2004, the Individuals with Disabilities Education Act (IDEA) modified the evaluation procedures for the identification of children with specific learning disabilities (SLD) under
20 U.S.C. 1414 (b) (6). As specified in IDEA, the evaluation procedures relating to the identification of specific learning disabilities provide that: 1) States may not require the use of significant discrepancy as part of a determination of SLD, 2) States must permit the use of a process based on a child's responses to scientifically-based intervention as part of its determination of a SLD, and 3) States may permit the use of other alternative research-based procedures to determine whether a child has a SLD. IDEA also added reading fluency skills as an area of identification for SLD. Because the department's current rule under s.
PI 11.36 (6), relating to specific learning disabilities is not consistent with the federal requirements, the rule will be modified to align with the U.S. Code. The proposed rules will allow a four-year period during which a school district "is permitted but not required to" continue to use the significant discrepancy formula in identifying children with SLD.
In addition,
20 U.S.C. 1401 (3), permits the identification of children with significant developmental delay (SDD) through the age of nine. The department's current rule under s.
PI 11.36 (11), relating to SDD permits identification only through the age of six. The proposed rule will extend the SDD age limit through the age of nine as authorized under federal law.
Copy of Rule
Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Comments
Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than October 10, 2007, will be given the same consideration as testimony presented at the hearing.
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s.
227.114 (1) (a), Stats.
Fiscal Estimate
The proposed rules modify eligibility criteria used to identify children with specific learning disabilities (SLD) to be consistent with federal requirements. The federal requirements focus more on early intervention services and do not want the use of “significant discrepancy" in determining whether a child has a SLD. This rule modification should not result in altering the size of the population of children identified as having a disability. Wisconsin must comply with federal requirements in order to remain eligible to receive more than $200 million in federal IDEA funds.
The rules also permit the identification of a child with significant developmental delays (SDD) through the age of nine, rather than the age of six. Allowing a child with SDD to be identified through the age of nine will provide a longer window of time to assess whether the child has a specific disability, and thus, should not result in altering the size of the population of children identified as having a disability.
These rules are not expected to have a local or state fiscal effect.
