EmR1507 Rule Text

Summary of, and comparison with, existing or proposed federal regulations: N/A.

Comparison with rules in adjacent states: N/A.

Summary of factual data and analytical methodologies:

The language in PI 11.36 (1) uses cognitive disability. The term cognitive disability and its definition are not consistent with current means of determining whether someone has an intellectual disability. As a result, cognitive disability is changed to intellectual disability and the definition of and determination of an intellectual disability is changed to align with the American Association on Intellectual and Development Disabilities’ classification manual, Intellectual Disability: Definition, Classification, and Systems of Supports, 11th edition (2010) and to include current terminology used in the Wisconsin Model Early Learning Standards.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: N/A.

Anticipated costs incurred by private sector: N/A.

Effect on small business:

The proposed rules will have no economic impact on small businesses, as defined in s. 227.114 (1), Stats.

Agency contact person: (including email and telephone)

Carl Bryan

Budget and Policy Analyst

Wisconsin Department of Public Instruction

[e-mail]

[phone]

Place where comments are to be submitted and deadline for submission:

Comments should be submitted to Carl Bryan, Department of Public Instruction, 125 S. Webster Street, P.O. Box 7841, Madison, WI 53707-7841 or at [e-mail]. The Department will publish a hearing notice in the Administrative Register which will provide information on the deadline for the submission of comments.

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SECTION 1. PI 11.36 (1) (title), (a) and (b) (intro) are amended to read:

(1) CognitiveINTELLECTUAL DISABILITY.

(a) Cognitive disability means significantly subaverage intellectual functioning that exists concurrently with deficits in adaptive behavior and In this subsection, intellectual disability means significant limitations both in intellectual functioning and in adaptive behavior as expressed in conceptual, social, and practical adaptive skills and manifested during the developmental period that adversely affects the child’s educational performance.

(b) The IEP team may identify a child as having a cognitive an intellectual disability if the child meets the criteria under subds. 1. a. or b., 2., and 3. a. or b. as follows:

SECTION 2. PI 11.36 (1) (b) 1. a. is renumbered 11.36 (1) (b) 1.

SECTION 3. PI 11.36 (1) (b) 1. is amended to read:

1. The child has a standard score of 2 or more standard deviations below the mean on anat least one individually administered intelligence test which takes into account the child’s mode of communication and is developed to assess intellectual functioning using this mode. More than one intelligence test may be used to produce a comprehensive result.

SECTION 4. PI 11.36 (1) (b) 1. b. is repealed.

SECTION 5. PI 11.36 (1) (b) 2. (intro) is amended to read:

2. The child has deficits significant limitations in adaptive behavior asthat are demonstrated by a standard score of 2 or more standard deviations below the mean on standardized or nationally-normed measures, as measured by comprehensive, individual assessments that include interviews of the parents, tests, and observations of the child in adaptive behavior which are relevant to the child’s age, including at least one of the following:

SECTION 6. PI 11.36 (1) (b) 2. a. to j. are repealed.

SECTION 7. PI 11.36 (1) (b) 2. am. to dm. are created to read:

2.

am. Conceptual skills.

bm. Social adaptive skills.

cm. Practical adaptive skills.

dm. An overall composite score on a standardized measure of conceptual, social, and practical skills.

SECTION 8. PI 11.36 (1) (b) 3. a. and b. are amended to read:

3.

a. The Except as provided in subd. 3. c., the child is age 3 through 5 and has a standard score of 2 or more standard deviations below the mean on standardized or nationally-normed measures, as measured by comprehensive, individual assessments, in at least 2 of the following areas: academic readiness, comprehension of language or communication, or motor skillslanguage development and communication, cognition, and general knowledge.

b. The Except as provided in subd. 3. c., the child is age 6 through 21 and has a standard score of 2 or more standard deviations below the mean on standardized or nationally-normed measures, as measured by comprehensive, individual assessments, in general information and at least 2 of the following areas: written language, reading, orand mathematics.

SECTION 9. PI 11.36 (1)(b) 3. b. (Note) is repealed.

SECTION 10. PI 11.36 (1) (b) 3. c. and 4. are created to read:

  3.

  c. A standardized development scale or a body of evidence including informal measures shall be used when it is determined that reliable and valid assessment results on the academic areas under subd. 3. a. or b. are not possible due to the student’s functioning level or age.

4. Upon re-evaluation, a child who met initial identification criteria and continues to demonstrate a need for special education under s. PI 11.35 (2), including specially designed instruction, is a child with a disability under this section.

SECTION 11. STATEMENT OF EMERGENCY:

FINDING OF EMERGENCY

  The Department of Public Instruction finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of the facts constituting the emergency is:

An emergency rule is needed so this rule change is in effect prior to the beginning of the 2015-16 school year. This will ensure that the same intellectual disability criteria are applied to children throughout the school year. If this rule is not effective prior to the beginning of the school year, school districts will have to implement one set of procedures for part of the school year and then change procedures when the rule takes effect. This would make implementation of the intellectual disability criteria more difficult and may result in children being treated differently based on when they were evaluated for an intellectual disability.

SECTION 12. EFFECTIVE DATE:

The rules contained in this order shall take effect on July 1st, 2015.