2005 Wisconsin Act 258

258,32 Section 32. 115.78 (4) of the statutes is repealed.

258,33 Section 33. 115.78 (5) of the statutes is created to read:

115.78 (5) Attendance at meetings. (a) A member of an individualized education program team is not required to attend a meeting of the individualized education program team, in whole or in part, if the parent of a child with a disability and the local educational agency agree that the attendance of the member is unnecessary because the member's area of the curriculum or related service is not being modified or discussed at the meeting.

(b) A member of an individualized education program team may be excused from attending a meeting of the individualized education program team, in whole or in part, when the meeting involves a modification to or discussion of the member's area of the curriculum or related services if the child's parent and the local educational agency consent and, before the meeting, the member submits to the child's parent and to the individualized education program team, in writing, the member's input into the development of the child's individualized education program.

(c) A parent's agreement under par. (a) and consent under par. (b) shall be in writing.

258,34 Section 34. 115.782 (1) (intro.) of the statutes is created to read:

115.782 (1) (intro.) The local educational agency shall do all of the following:

258,35 Section 35. 115.782 (1) (a) of the statutes is amended to read:

115.782 (1) (a) The local educational agency shall notify Notify the parents of the child, in accordance with s. 115.792, of any evaluation procedures the agency proposes to conduct, the qualifications and the names of the individuals who will conduct the evaluation and their names, if known.

258,36 Section 36. 115.782 (1) (b) of the statutes is amended to read:

115.782 (1) (b) The local educational agency proposing to conduct Except as provided in par. (c), before conducting an initial evaluation shall of a child, obtain informed consent from the child's parent before the evaluation is conducted. Parental consent for the evaluation does not constitute consent for placement for receipt of special education and related services. If the child's parents do not consent to the evaluation, the local educational agency may continue to pursue an evaluation by using the procedures under s. 115.797 or 115.80.

258,37 Section 37. 115.782 (1) (c) of the statutes is created to read:

115.782 (1) (c) Before conducting an initial evaluation of a child who is a ward of the state, obtain informed consent in compliance with 20 USC 1414 (a) (1) (D) (iii).

258,38 Section 38. 115.782 (2) (a) (intro.) of the statutes is amended to read:

115.782 (2) (a) (intro.) In conducting the evaluation, the individualized education program team shall not use any single procedure measure or assessment as the sole criterion for determining whether a child is a child with a disability or for determining an appropriate educational program for the child. The individualized education program team shall do all of the following:

258,39 Section 39. 115.782 (2) (a) 1. of the statutes is amended to read:

115.782 (2) (a) 1. Use a variety of assessment tools and strategies to gather relevant functional and, developmental, and academic information, including information provided by the child's parent, that may assist in determining whether the child is a child with a disability and the content of the child's individualized education program, including information related to enabling the child to be involved in and progress in the general curriculum or, for preschool children, to participate in appropriate activities.

258,40 Section 40. 115.782 (2) (a) 3. a. of the statutes is amended to read:

115.782 (2) (a) 3. a. That tests assessments and other evaluation materials used to assess a child under this section are selected and administered so as not to be racially or culturally discriminatory and are provided and administered in the child's native language or other mode of communication and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to do so.

258,41 Section 41. 115.782 (2) (a) 3. b. of the statutes is amended to read:

115.782 (2) (a) 3. b. That any standardized tests that are assessments and other evaluation materials given to the child have been validated for the specific purpose for which they are used for the purposes for which they are valid and reliable, are administered by trained and knowledgeable personnel, and are administered in accordance with any instructions provided by the producer of such tests the assessments or evaluation materials.

258,42 Section 42. 115.782 (2) (b) 1. of the statutes is amended to read:

115.782 (2) (b) 1. Review existing evaluation data on the child, including evaluations and information provided by the child's parents,; previous interventions and the effects of those interventions,; current classroom-based, local, or state assessments and ; classroom-based observations,; and observations by teachers and related services providers.

258,43 Section 43. 115.782 (2) (b) 2. (intro.), a. and b. of the statutes are amended to read:

115.782 (2) (b) 2. (intro.) On the basis of that review and information provided by the child's parents, identify the additional data, if any, that are needed, and the qualifications of the evaluators that are needed, to determine all of the following:

a. Whether the child has a particular category of disability and the educational needs of the child or, in case of a reevaluation of a child, whether the child continues to have such a disability and such educational needs.

b. The present levels of performance and educational academic achievement and related developmental needs of the child.

258,44 Section 44. 115.782 (2) (c) of the statutes is amended to read:

115.782 (2) (c) The local educational agency shall administer such tests assessments and other evaluation materials measures as may be needed to produce the data identified under par. (b) 2.

258,45 Section 45. 115.782 (2) (d) of the statutes is renumbered 115.78 (1m) (h) and amended to read:

115.78 (1m) (h) If a the child is attending a public school in a nonresident school district under s. 118.51 or 121.84 (1) (a) or (4), when the individualized education program team conducts its initial evaluation of the child or any reevaluation of the child under sub. (4), the team shall include at least one person designated by the school board of the child's school district of residence who has knowledge or special expertise about the child.

258,46 Section 46. 115.782 (2) (e) of the statutes is repealed.

258,47 Section 47. 115.782 (2) (f) of the statutes is created to read:

115.782 (2) (f) The local educational agency shall ensure that the evaluation of a child with a disability who transfers from one school district to another in the same school year is coordinated with the child's prior and subsequent schools as necessary and as expeditiously as possible to ensure prompt completion of the evaluation.

258,48 Section 48. 115.782 (3) (a) of the statutes is amended to read:

115.782 (3) (a) Upon the completion of the administration of tests assessments and other evaluation materials measures, the individualized education program team shall determine whether the child is a child with a disability. The individualized education program team and the educational needs of the child. The team may not determine that a child is a child with a disability solely because the child has received insufficient if the determinant factor for the determination is lack of appropriate instruction in reading, including in the essential components of reading instruction, as defined in 20 USC 6368 (3), or lack of instruction in math, or because the child has limited proficiency in English.

258,49 Section 49. 115.782 (3) (b) of the statutes is amended to read:

115.782 (3) (b) If the The individualized education program team determines that a child is a child with a disability, the team shall prepare an evaluation report that includes documentation of determination of eligibility. The local educational agency shall ask each individualized education program team participant if he or she wants a copy of the evaluation report or additional time before the individualized education program team develops the child's individualized education program. If any individualized education program team participant requests a copy of the evaluation report at any point in the process of developing the child's individualized education program or considering the child's educational placement, the local educational agency shall give a copy of the report to each individualized education program team participant before continuing with the process. If no individualized education program team participant requests a copy of the evaluation report, the for special education. The local educational agency shall give a copy of the evaluation report, including the documentation of eligibility, to the child's parents with the notice of placement under s. 115.792 (2).

258,50 Section 50. 115.782 (3) (c) of the statutes is repealed.

258,51 Section 51. 115.782 (4) (a) 1. and 2. of the statutes are amended to read:

115.782 (4) (a) 1. Evaluates a child with a disability in accordance with this section before determining that the child is no longer a child with a disability, except that an evaluation is not required before the termination of a child's eligibility for special education and related services because he or she graduated from secondary school with a regular diploma or because he or she reached the age of 21. In those circumstances, the local educational agency shall provide the child with a summary of the child's academic achievement and functional performance, including recommendations on how to assist the child in meeting his or her postsecondary goals.

2. Reevaluates a child with a disability in accordance with this section if the local educational agency determines that conditions the educational or related services needs of the child, including the child's academic performance, warrant a reevaluation or if the child's parent or teacher requests a reevaluation, but at least once every 3 years.. The individualized education program team shall reevaluate a child no more frequently than once a year unless the child's parent and the local educational agency agree otherwise, and at least once every 3 years unless the child's parent and the local educational agency agree that a reevaluation is unnecessary.

258,52 Section 52. 115.782 (4) (c) of the statutes is amended to read:

115.782 (4) (c) If the individualized education program team and other qualified professionals, as determined by the local educational agency, find under sub. (2) (b) 2. that no additional data are needed to determine whether the child continues to be a child with a disability or to determine the child's educational needs, the local educational agency shall notify the child's parents of that finding and the reasons for it and the right of the child's parents to request an assessment to determine whether the child continues to be a child with a disability and to determine the child's educational needs. The local educational agency is not required to conduct such an assessment unless the child's parents request it.

258,53 Section 53. 115.787 (2) (a) of the statutes is amended to read:

115.787 (2) (a) A statement of the child's present level of educational academic achievement and functional performance, including how the child's disability affects the child's involvement and progress in the general curriculum or, for a preschool child, as appropriate, how the disability affects the child's participation in appropriate activities.

258,54 Section 54. 115.787 (2) (b) of the statutes is amended to read:

115.787 (2) (b) A statement of measurable annual goals for the child, including benchmarks or short-term objectives, related to meeting academic and functional goals, designed to meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general curriculum, and to meeting meet each of the child's other educational needs that result from the child's disability.

258,55 Section 55. 115.787 (2) (bm) of the statutes is created to read:

115.787 (2) (bm) For a child with a disability who takes alternate assessments aligned with alternate achievement standards, a description of benchmarks or short-term objectives.

258,56 Section 56. 115.787 (2) (c) (intro.) of the statutes is amended to read:

115.787 (2) (c) (intro.) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child to do all of the following:

258,57 Section 57. 115.787 (2) (c) 1. of the statutes is amended to read:

115.787 (2) (c) 1. Advance appropriately toward attaining the annual goals.

258,58 Section 58. 115.787 (2) (c) 2. of the statutes is amended to read:

115.787 (2) (c) 2. Be involved and make progress in the general curriculum in accordance with par. (a) and participate in extracurricular and other nonacademic activities.

258,59 Section 59. 115.787 (2) (e) of the statutes is amended to read:

115.787 (2) (e) 1. A statement of any individual modifications in the administration of any appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on statewide or local educational agency-wide assessment of pupil achievement that are needed for the child to participate in the assessment assessments.

2. If the individualized education program team determines that a child will not participate in take an alternate assessment on a particular statewide or local educational agency-wide assessment of pupil achievement, or part of such an assessment, a statement of why that assessment is not the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child and how the child will be assessed through alternative means.

258,60 Section 60. 115.787 (2) (g) 1. and 2. of the statutes are repealed and recreated to read:

115.787 (2) (g) 1. Beginning not later than in the first individualized education program that will be in effect when the child is 14, and updated annually thereafter, a statement of appropriate, measurable postsecondary goals for the child based on age-appropriate transition assessments related to training, education, employment and, where appropriate, independent living skills.

2. Beginning not later than in the first individualized education program that will be in effect when the child is 14, and updated annually thereafter, a description of the transition services, including courses of study, needed to assist the child in reaching the goals under subd. 1.

258,61 Section 61. 115.787 (2) (g) 3. of the statutes is amended to read:

115.787 (2) (g) 3. Beginning at least one year before the child attains the age of 18, and annually thereafter until the child is no longer eligible for special education and related services, a statement that the child has been informed of the parental child's rights that will transfer to the child on reaching the age of 18 under s. 115.807.

258,62 Section 62. 115.787 (2) (h) 1. of the statutes is amended to read:

115.787 (2) (h) 1. How the child's progress toward attaining the annual goals described in par. (b) will be measured.

258,63 Section 63. 115.787 (2) (h) 2. of the statutes is repealed and recreated to read:

115.787 (2) (h) 2. When periodic reports, such as quarterly reports or other periodic reports issued concurrently with report cards, on the child's progress toward attaining the annual goals described in par. (b) will be provided to the child's parents.

258,64 Section 64. 115.787 (3) (a) of the statutes is amended to read:

115.787 (3) (a) In developing each child's individualized education program, the individualized education program team shall consider the strengths of the child, the concerns of the child's parents for enhancing the education of their child and, the results of the initial evaluation or most recent reevaluation of the child, and the academic, developmental, and functional needs of the child.

258,65 Section 65. 115.787 (3) (b) 1. of the statutes is amended to read:

115.787 (3) (b) 1. In the case of a child whose behavior impedes his or her learning or that of others, consider, when appropriate, strategies, including the use of positive behavioral interventions, and supports and other strategies to address that behavior.

258,66 Section 66. 115.787 (3) (b) 4. of the statutes is amended to read:

115.787 (3) (b) 4. Consider the communicative communication needs of the child, and, in the case of a child who is hearing impaired, consider the child's language and communicative communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communicative communication mode, academic level and full range of needs, including opportunities for direct instruction in the child's language and communicative communication mode.

258,67 Section 67. 115.787 (3) (c) of the statutes is amended to read:

115.787 (3) (c) The regular education teacher of the child, as a participant on the individualized education program team, shall, to the extent appropriate, participate in the development of the individualized education program of the child, including the determination of appropriate positive behavioral interventions and supports and other strategies and the determination of supplementary aids and services, program modifications and support for school personnel.

258,68 Section 68. 115.787 (3) (d) of the statutes is repealed.

258,69 Section 69. 115.787 (4) (c) of the statutes is created to read:

115.787 (4) (c) After the annual individualized education program meeting for a school year, the entire individualized education program team may make changes to the child's individualized education program, or the child's parent and the local educational agency may agree not to convene an individualized education program team meeting for the purpose of making changes to the child's individualized education program. If the child's parent and the local educational agency agree not to convene an individualized education program team meeting, they shall instead develop a written document to modify the child's current individualized education program. The local educational agency shall give the child's parent a copy of the child's revised individualized education program.

258,70 Section 70. 115.787 (5) of the statutes is amended to read:

115.787 (5) Failure to meet transition objectives. If a participating agency, other than the local educational agency, fails to provide transition services in accordance with sub. (2) (g) 2., the local educational agency shall reconvene the individualized education program team to identify alternative strategies to meet the transition objectives for the child set out in the individualized education program.

258,71 Section 71. 115.787 (6) (b) of the statutes is amended to read:

115.787 (6) (b) If a child with a disability is convicted of a crime and incarcerated in a state prison, the child's individualized education program team may modify the child's individualized education program or placement notwithstanding the requirements of sub. (1) and s. 115.79 (1) (a) if the department of corrections has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

258,72 Section 72. 115.787 (7) of the statutes is amended to read:

115.787 (7) Construction. Nothing in this section requires the individualized education program team to include information under one component of a child's individualized education program that is already contained under another component of the individualized education program or requires that additional information be included in a child's individualized education program beyond what is explicitly required by this section.

258,73 Section 73. 115.79 (intro.) of the statutes is renumbered 115.79 (1) (intro.).

258,74 Section 74. 115.79 (2) of the statutes is created to read:

115.79 (2) A local educational agency shall seek to obtain informed consent from the parent of a child with a disability before providing special education and related services to the child. If the parent of a child with a disability denies consent, the local educational agency shall not provide special education and related services to the child. If the parent of a child with a disability denies consent or does not respond to a request for consent, all of the following apply:

(a) The local educational agency is not in violation of the requirement to make available to the child a free appropriate public education.