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 b. (Note) is repealed.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.
Dated this _____ day of ____________, 201_
__________________________________________
Tony Evers, PhD
State Superintendent
