2005 WISCONSIN ACT 258
An Act to repeal 115.77 (4) (a) to (k), 115.77 (7), 115.78 (4), 115.782 (2) (e), 115.782 (3) (c), 115.787 (3) (d) and 115.792 (2) (i); to renumber 115.79 (intro.), 115.791 (3) (intro.), 115.791 (3) (a), 115.791 (3) (c) and 115.791 (3) (d); to renumber and amend 115.77 (4) (n), 115.782 (2) (d), 115.791 (3) (b) and 115.80 (5); to amend 115.758, 115.76 (1), 115.76 (3), 115.76 (5) (a) 5., 115.76 (14), 115.76 (17), 115.762 (3) (c), 115.762 (3) (g), 115.762 (3) (j), 115.77 (1m) (intro.), 115.77 (1m) (b), 115.77 (1m) (bg), 115.77 (1m) (e), 115.77 (1m) (f), 115.77 (4) (intro.), 115.77 (8), 115.775, 115.78 (1m) (c), 115.78 (1m) (d), 115.78 (3) (d), 115.782 (1) (a), 115.782 (1) (b), 115.782 (2) (a) (intro.), 115.782 (2) (a) 1., 115.782 (2) (a) 3. a., 115.782 (2) (a) 3. b., 115.782 (2) (b) 1., 115.782 (2) (b) 2. (intro.), a. and b., 115.782 (2) (c), 115.782 (3) (a), 115.782 (3) (b), 115.782 (4) (a) 1. and 2., 115.782 (4) (c), 115.787 (2) (a), 115.787 (2) (b), 115.787 (2) (c) (intro.), 115.787 (2) (c) 1., 115.787 (2) (c) 2., 115.787 (2) (e), 115.787 (2) (g) 3., 115.787 (2) (h) 1., 115.787 (3) (a), 115.787 (3) (b) 1., 115.787 (3) (b) 4., 115.787 (3) (c), 115.787 (5), 115.787 (6) (b), 115.787 (7), 115.792 (1) (a) 2., 115.792 (2) (d), 115.792 (2) (e), 115.792 (2) (g), 115.792 (3) (b) (intro.), 115.792 (3) (b) 5., 115.792 (3) (b) 11., 115.797 (1) (a), 115.797 (6), 115.80 (1) (a) 1., 115.80 (1) (b), 115.80 (1) (d), 115.80 (2), 115.80 (4), 115.80 (6), 115.81 (title), 115.812 (1), 118.51 (12) (a) and 118.51 (12) (b) 2.; to repeal and recreate 115.762 (3) (e), 115.762 (3) (h), 115.762 (3) (i), 115.78 (3) (a) to (c), 115.787 (2) (g) 1. and 2., 115.787 (2) (h) 2. and 115.80 (9); and to create 115.77 (4) (p), 115.77 (4) (q), 115.77 (4) (r), 115.777 (3) (e), 115.78 (5), 115.782 (1) (intro.), 115.782 (1) (c), 115.782 (2) (f), 115.787 (2) (bm), 115.787 (4) (c), 115.79 (2), 115.791 (3) (b) (intro.) and 2., 115.80 (1) (e), 115.80 (1) (f), 115.80 (1) (g), 115.80 (2m) and 115.80 (5) (c) of the statutes; relating to: special education programs for children with disabilities.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
258,1
Section
1. 115.758 of the statutes is amended to read:
115.758 Construction. To the extent possible, this subchapter shall be construed in a manner that is consistent with
20 USC 1400 to
1487 1482 and is consistent with the purposes specified in 20 USC 1400 (d).
258,2
Section
2. 115.76 (1) of the statutes is amended to read:
115.76 (1) "Assistive technology device" means any item, piece of equipment or product system that is used to increase, maintain or improve the functional capabilities of a child with a disability other than a medical device that is surgically implanted or the replacement of such a device.
258,3
Section
3. 115.76 (3) of the statutes is amended to read:
115.76 (3) "Child" means any person who is at least 3 years old but not yet 21 years old and who has not graduated from high school and, for the duration of a school term, any person who becomes 21 years old during that school term and who has not graduated from high school, and includes a child who is homeless, a child who is a ward of the state, county, or child welfare agency, and a child who is attending a private school.
258,4
Section
4. 115.76 (5) (a) 5. of the statutes is amended to read:
115.76 (5) (a) 5. Emotional disturbance behavioral disability.
258,5
Section
5. 115.76 (14) of the statutes is amended to read:
115.76 (14) "Related services" means transportation and such developmental, corrective and other supportive services as may be required to assist a child with a disability to benefit from special education, (including speech-language pathology and audiology services; interpreting services; psychological services; physical and occupational therapy; recreation, including therapeutic recreation; social work services; school nursing services designed to enable a child with a disability to receive a free appropriate public education as described in the child's individualized education program; counseling services, including rehabilitative counseling; orientation and mobility services; medical services for diagnostic and evaluative purposes only; and the early identification and assessment of disabling conditions in children) as may be required to assist a child with a disability to benefit from special education. "Related services" does not include a medical device that is surgically implanted or the replacement of such a device.
258,6
Section
6. 115.76 (17) of the statutes is amended to read:
115.76
(17) "Transition services" has the meaning given in
20 USC 1401 (30) (34).
258,7
Section
7. 115.762 (3) (c) of the statutes is amended to read:
115.762
(3) (c) Complying with the requirements of this subchapter and applicable federal law, including
20 USC 1415 (k)
and 42 USC 11431 to 11434a.
258,8
Section
8. 115.762 (3) (e) of the statutes is repealed and recreated to read:
115.762 (3) (e) Determining local educational agency eligibility for assistance, including determining whether a local educational agency is failing to comply with any of the requirements of the plan submitted to the division under s. 115.77 (4).
258,9
Section
9. 115.762 (3) (g) of the statutes is amended to read:
115.762
(3) (g) Monitoring and enforcing local educational agency and residential care center for children and youth compliance with this subchapter and applicable federal law, including
20 USC 1415 (k)
and 42 USC 11431 to 11434a.
258,10
Section
10. 115.762 (3) (h) of the statutes is repealed and recreated to read:
115.762
(3) (h) Developing and maintaining a performance plan in compliance with
20 USC 1416 (b).
258,11
Section
11. 115.762 (3) (i) of the statutes is repealed and recreated to read:
115.762
(3) (i) Establishing and maintaining qualifications to ensure that personnel necessary to carry out the requirements of this subchapter are appropriately and adequately prepared and trained, in compliance with
20 USC 1412 (a) (14), and requiring that local educational agencies take measurable steps to recruit, hire, train, and retain highly qualified personnel to provide special education and related services to children with disabilities under this subchapter.
258,12
Section
12. 115.762 (3) (j) of the statutes is amended to read:
115.762 (3) (j) Examining data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities among local educational agencies or compared to such rates for nondisabled children within such agencies. If such discrepancies are occurring, the division shall review and, if appropriate, revise or require the affected local educational agency to revise its policies, procedures and practices relating to the development and implementation of individualized education programs, the use of positive behavioral interventions and supports and procedural safeguards to ensure that such policies, procedures and practices comply with this subchapter.
258,13
Section
13. 115.77 (1m) (intro.) of the statutes is amended to read:
115.77 (1m) (intro.) A local educational agency shall demonstrate to the satisfaction of the division that it does all of the following:
258,14
Section
14. 115.77 (1m) (b) of the statutes is amended to read:
115.77 (1m) (b) Makes available a free appropriate public education to children with disabilities as required by this subchapter and applicable state and federal law, except that a local educational agency that provides special education and related services to a child with a disability who has not yet attained the age of 3 and who is participating in an early intervention program under s. 51.44 is not required to provide the child with a free appropriate public education.
258,15
Section
15. 115.77 (1m) (bg) of the statutes is amended to read:
115.77
(1m) (bg) Includes children with disabilities in statewide and local educational agency-wide assessments,
including assessments described in 20 USC 6311 (b) (3), with appropriate
modifications accommodations and alternate assessments where necessary
, or in alternative assessments for those children who cannot participate in statewide or local educational agency-wide assessments and as indicated in their individualized education programs.
258,16
Section
16. 115.77 (1m) (e) of the statutes is amended to read:
115.77 (1m) (e) To the extent consistent with the number and location of children with disabilities residing in the local educational agency who are enrolled by their parents in private elementary and secondary schools located within the local educational agency, ensures that those children have an opportunity to participate in special education and related services and that the amount spent to provide those services by the local educational agency is equal to a proportionate amount of federal funds made available under this subchapter.
258,17
Section
17. 115.77 (1m) (f) of the statutes is amended to read:
115.77 (1m) (f) Establishes written policies and, procedures, and programs for implementing this subchapter and applicable federal law.
258,18
Section
18. 115.77 (4) (intro.) of the statutes is amended to read:
115.77
(4) (intro.) A local educational agency shall submit to the division, pursuant to a schedule and instructions established and published by the division,
the agency's a plan
, including a program narrative, for the provision of special education and related services that includes that provides assurances to the division that the local educational agency meets the conditions required by 20 USC 1413 (a), including all of the following:
258,19
Section
19. 115.77 (4) (a) to (k) of the statutes are repealed.
258,20
Section
20. 115.77 (4) (n) of the statutes is renumbered 115.77 (4) (s) and amended to read:
115.77 (4) (s) Any other information the division requires to permit its review and approval of the plan.
258,21
Section
21. 115.77 (4) (p) of the statutes is created to read:
115.77 (4) (p) Assurances that the local educational agency, in providing for the children with disabilities within its jurisdiction, has in effect policies, procedures, and programs that are consistent with this subchapter and applicable federal law.
258,22
Section
22. 115.77 (4) (q) of the statutes is created to read:
115.77 (4) (q) The local educational agency's plan for ensuring that all personnel necessary to carry out the requirements of this subchapter are appropriately and adequately prepared according to applicable state and federal law.
258,23
Section
23. 115.77 (4) (r) of the statutes is created to read:
115.77
(4) (r) The data regarding children with disabilities and nondisabled children in the local educational agency that the division is required to collect or report to be in compliance with
20 USC 1400 to
1482.
258,24
Section
24. 115.77 (7) of the statutes is repealed.
258,25
Section
25. 115.77 (8) of the statutes is amended to read:
115.77 (8) The local educational agency shall serve children with disabilities who are attending a charter school under contract with the local educational agency under s. 118.40 in the same manner as it serves children with disabilities attending schools of the local educational agency, and shall provide funds under this subchapter to such charter schools in the same manner
on the same basis as it provides funds under this subchapter to schools of the local educational agency, including proportional distribution based on enrollment of children with disabilities, and at the same time as it distributes other federal funds to the agency's other schools.
258,26
Section
26. 115.775 of the statutes is amended to read:
115.775 Duties of operators of certain charter schools. (1) Except as provided in sub. (2), an operator of a charter school under s. 118.40 (2r) is a local educational agency, as defined in
20 USC 1401 (15) (19), and shall comply with
20 USC 1400 to
1491o 1482.
(2) The board of directors of the school district operating under ch. 119 is a local educational agency under this section and shall comply with
20 USC 1400 to
1491o 1482 if the board of directors enters into
an a written agreement with an operator of a charter school under s. 118.40 (2r) under which the board of directors agrees to serve as the local educational agency.
258,27
Section
27. 115.777 (3) (e) of the statutes is created to read:
115.777 (3) (e) Within 15 business days of receiving a referral, send to the child's parents a request for consent to evaluate the child under s. 115.782 except that if the local educational agency determines that no additional data are necessary, the agency shall notify the child's parent of that determination within 15 business days of receiving the referral.
258,28
Section
28. 115.78 (1m) (c) of the statutes is amended to read:
115.78 (1m) (c) At least one special education teacher who has extensive and recent training and or experience related to the child's known or suspected disability as specified in s. 115.76 (5) (a) area of special education needs or, where appropriate, at least one special education provider of the child.
258,29
Section
29. 115.78 (1m) (d) of the statutes is amended to read:
115.78 (1m) (d) A representative of the local educational agency who is qualified to provide, or supervise the provision of, special education, is knowledgeable about the general education curriculum and is knowledgeable about and authorized by the local educational agency to commit the available resources of the local educational agency.
258,30
Section
30. 115.78 (3) (a) to (c) of the statutes are repealed and recreated to read:
115.78 (3) (a) The local educational agency shall determine if a child is a child with a disability within 60 days after the local educational agency receives parental consent for the evaluation of the child under s. 115.782 (1) (b) or (4) (b), provides notice under s. 115.777 (3) (e) that no additional data are needed, or provides notice under s. 115.782 (4) (c) that no additional data are needed.
(b) The 60-day period under par. (a) does not apply to a local educational agency if any of the following occur:
1. A child enrolls in a school served by that local educational agency after the 60-day period has begun and before a determination by the child's previous local educational agency as to whether the child is a child with a disability, the subsequent local educational agency is making sufficient progress to ensure a prompt completion of the evaluation, and the child's parent and the subsequent local educational agency agree to a specific time when the evaluation will be completed.
2. The child's parent repeatedly fails or refuses to produce the child for the evaluation.
(c) The local educational agency shall conduct a meeting to develop an individualized education program under s. 115.787 and determine a placement under s. 115.79 within 30 days of a determination that a child is a child with a disability.
258,31
Section
31. 115.78 (3) (d) of the statutes is amended to read:
115.78 (3) (d) Subject to pars. (a) to (c), if the parents of the child or the local educational agency staff determines at any point meeting during the process of the evaluation, development of the individualized education program or placement of the child that additional time is needed to permit meaningful parental participation, the local educational agency shall provide it. Upon request, the local educational agency shall provide a copy of the most recent evaluation report under s. 115.782 (3) (b) to the child's parents at any meeting of the individualized education program team.
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.
