Chapter PI 11

PI 11.02(12) (12) “Scientific, research-based” has the meaning under section 20 U.S.C. 7801 (37).

PI 11.02 History History: Cr. Register, December, 1975, No. 240, eff. 1-1-76; am. (1) (b) 5., Register, February, 1983, No. 326, eff. 3-1-83; am. (2) (c), Register, September, 1986, No. 369, eff. 10-1-86; r. and recr. (1) to (6), (8), (9), (11) to (17), (21), (22), (24), (25), (28) to (32), (34), (35), (38), (41), (42), (50) and (51) renum. from PI 11.01 (2) (f) and am., Register, May, 1990, No. 413, eff. 6-1-90; am. (45), cr. (1m), (1s) and (52m), Register, July, 1993, No. 451, eff. 8-1-93; emerg. am. (24), (25), r. (46), eff. 6-25-96, am. (23) (b), (24), (25), cr. (23) (h) to (k), r. (46), Register, January, 1997, No. 493, eff. 2-1-97; r. and recr. Register, September, 1998, No. 513, eff. 10-1-98; cr. (5m), Register, May, 2000, No. 533, eff. 6-1-00; CR 10-002: renum. (1) to be (1m), cr. (1), (4e), (6m), (6t), (9), (10), (11), and (12) Register November 2010 No. 659, eff. 12-1-10; CR 19-069: am. (4) Register February 2020 No. 770, eff. 3-1-20.

PI 11.07 PI 11.07 Transfer pupils.

PI 11.07(1) (1) Definitions. In this section “transfer pupil with a disability” means a child with a disability under the IDEA whose residence has changed from an LEA in this state to another LEA in this state or from a public agency in another state to an LEA in this state.

PI 11.07(2) (2) Transfer pupils with disabilities in Wisconsin.

PI 11.07(2)(a) (a) The purpose of this subsection is to ensure that there is no interruption of special education and related services when a child with a disability transfers from one LEA in this state to another LEA in this state.

PI 11.07(2)(c) (c) The receiving LEA shall adopt the IEP of the sending LEA or develop a new IEP. The receiving LEA may not adopt the evaluation and eligibility determination or the IEP of the sending LEA if the evaluation and eligibility determination or the IEP do not meet state and federal requirements.

PI 11.07(2)(d) (d) When an LEA receives a transfer pupil with a disability and the LEA does not receive the pupil’s records from the sending LEA, the LEA shall request in writing the pupil’s records from the sending LEA. The sending LEA shall transfer the pupil’s records to the receiving LEA within the next working day of receipt of the written notice as required under s. 118.125 (4), Stats.

PI 11.07(3) (3) Transfer pupils with disabilities from outside Wisconsin.

PI 11.07(3)(a) (a) The purpose of this subsection is to permit an LEA to adopt the most recent evaluation and eligibility determination and IEP of a transfer pupil with a disability from a public agency in another state.

PI 11.07(3)(c) (c) The LEA shall adopt the evaluation and the eligibility determination of the sending public agency or conduct a new evaluation and eligibility determination of the transfer pupil. If the LEA decides not to adopt the evaluation and eligibility determination of the sending public agency, the LEA shall initiate a special education referral of the child. The LEA shall complete the evaluation and develop an IEP and the placement in accordance with the requirements of subch. V of ch. 115, Stats., within 60 days of the date the child enrolls in the LEA. The LEA shall adopt the IEP of the sending public agency or develop a new IEP.

PI 11.07(3)(d) (d) The receiving LEA may not adopt the evaluation and eligibility determination or the IEP of the sending public agency if the evaluation and eligibility determination or the IEP do not meet state and federal requirements.

PI 11.07 History History: Cr. Register, May, 1990, No. 413, eff. 6-1-90; r. and recr. Register, December, 1995, No. 480, eff. 1-1-96; corrections in (1) made under s. 13.93 (2m) (b) 6., Stats., Register, April, 1998, No. 508; r. and recr. Register, May, 2000, No. 533, eff. 6-1-00; CR 19-069: r. (2) (b), am. (2) (c), (d), r. (3) (b), am. (3) (c) Register February 2020 No. 770, eff. 3-1-20.

PI 11.12 PI 11.12 Hearing officers.

PI 11.12(1) (1) Impartiality. No person may be appointed as a hearing officer to conduct a hearing under s. 115.80, Stats., if that person meets any of the following criteria:

PI 11.12(1)(a) (a) Is an employee of the department or a public agency that is involved in the education or care of the child who is the subject of the hearing. A person who otherwise qualifies to conduct a hearing under this paragraph is not an employee of the department solely because he or she is paid by the department to serve as a hearing officer.

PI 11.12(1)(b) (b) Is an employee of or under contract to a local education agency as defined in s. 115.76 (10), Stats., a cooperative educational service agency created in ch. 116, Stats., or a county children with disabilities education board as defined in s. 115.817, Stats.

PI 11.12(1)(c) (c) Has a personal or professional interest which would conflict with his or her objectivity in the hearing.

PI 11.12(2) (2) Hearing officers; appointment.

PI 11.12(2)(a) (a) The division shall maintain a list of persons who are available for appointment as hearing officers. The list shall include a statement of the qualifications of each of those persons. The division may not put a person’s name on the list unless he or she meets both of the following:

PI 11.12(2)(a)1. 1. The person is an attorney licensed to practice law in Wisconsin.

PI 11.12(2)(a)2. 2. The person has completed the hearing officer training approved by the division as described in par. (b).

PI 11.12(2)(b) (b) Before a person’s name may initially be put on the list in par. (a), he or she shall attend an initial training program approved by the division. Annually thereafter each person shall attend a refresher course approved by the division. The division may charge fees of persons attending the training courses.

PI 11.12 History History: Cr. Register, May, 1990, No. 413, eff. 6-1-90; emerg. r. and recr., eff. 6-25-96; r. and recr., Register, January, 1997, No. 493, eff. 2-1-97; r. and recr. Register, September, 1998, No. 513, eff. 10-1-98.

PI 11.24 PI 11.24 Related service: physical and occupational therapy.

PI 11.24(1) (1) Legislative intent. Subchapter V of ch. 115, Stats., gives an LEA the authority to establish physical therapy and occupational therapy services.

PI 11.24(2) (2) IEP team. If a child is suspected to need occupational therapy or physical therapy or both, the IEP team for that child shall include an appropriate therapist.

PI 11.24(7) (7) Physical therapists’ licensure and service requirements.

PI 11.24(7)(a) (a) Licensure. A school physical therapist shall be licensed by the department under s. PI 34.093.

PI 11.24(7)(b) (b) Caseload.

PI 11.24(7)(b)1. 1. Except as specified under subds. 2. and 3., the caseload for a full-time school physical therapist employed for a full day, 5 days a week, shall be as follows:

PI 11.24(7)(b)1.a. a. A minimum of 15 children.

PI 11.24(7)(b)1.b. b. A maximum of 30 children.

PI 11.24(7)(b)1.c. c. A maximum of 45 children with one or more school physical therapist assistants.

PI 11.24(7)(b)2. 2. The caseload for a part-time school physical therapist may be pro-rated based on the specifications under subd. 1.

PI 11.24(7)(b)3. 3. A caseload may vary from the specifications under subd. 1. or 2., if approved in the LEA’s plan under s. 115.77 (4), Stats. The following shall be considered in determining whether the variance may be approved:

PI 11.24(7)(b)3.a. a. Frequency and duration of physical therapy as specified in the child’s IEP.

PI 11.24(7)(b)3.b. b. Travel time.

PI 11.24(7)(b)3.c. c. Number of evaluations.

PI 11.24(7)(b)3.d. d. Preparation time.

PI 11.24(7)(b)3.e. e. Student related activities.

PI 11.24(7)(c) (c) Medical information. The school physical therapist shall have medical information from a licensed physician regarding a child before the child receives physical therapy.

PI 11.24(7)(d) (d) Delegation and supervision of physical therapy.

PI 11.24(7)(d)1. 1. The school physical therapist may delegate to a school physical therapist assistant only those portions of a child’s physical therapy which are consistent with the school physical therapist assistant’s education, training and experience.

PI 11.24(7)(d)2. 2. The school physical therapist shall supervise the physical therapy provided by a school physical therapist assistant. The school physical therapist shall develop a written policy and procedure for written and oral communication to the physical therapist assistant. The policy and procedure shall include a specific description of the supervisory activities undertaken for the school physical therapist assistant which shall include either of the following levels of supervision:

PI 11.24(7)(d)2.a. a. The school physical therapist shall have daily, direct contact on the premises with the school physical therapist assistant.

PI 11.24(7)(d)2.b. b. The school physical therapist shall have direct, face-to-face contact with the school physical therapist assistant at least once every 14 calendar days. Between direct contacts, the physical therapist shall be available by telecommunication. The school physical therapist providing general supervision under this subdivision shall provide an on-site reevaluation of each child’s physical therapy a minimum of one time per calendar month or every tenth day of physical therapy, whichever is sooner, and adjust the physical therapy as appropriate.

PI 11.24(7)(d)3. 3. A full-time school physical therapist may supervise no more than 2 full-time equivalent physical therapist assistant positions which may include no more than 3 physical therapist assistants.

PI 11.24(7)(d)4. 4. Notwithstanding the provisions under this paragraph, the act undertaken by a school physical therapist assistant shall be considered the act of the supervising physical therapist who has delegated the act.

PI 11.24(7)(e) (e) Responsibility of school physical therapist. A school physical therapist under this subsection shall conduct all physical therapy evaluations and reevaluations of a child, participate in the development of the child’s IEP, and develop physical therapy treatment plans for the child. A school physical therapist may not be represented by a school physical therapist assistant on an IEP team.

PI 11.24(8) (8) School physical therapist assistants’ qualifications and supervision of physical therapy.

PI 11.24(8)(a) (a) Licensure. A school physical therapist assistant shall be licensed by the department under s. PI 34.094.

PI 11.24(8)(b) (b) Supervision. The school physical therapist assistant providing physical therapy to a child under this section, shall be supervised by a school physical therapist as specified under sub. (7) (d).

PI 11.24(9) (9) Occupational therapists’ licensure and service requirements.

PI 11.24(9)(a) (a) Licensure. The school occupational therapist shall be licensed by the department under s. PI 34.091.

PI 11.24(9)(b) (b) Caseload.

PI 11.24(9)(b)1. 1. Except as specified under subds. 2. and 3., the caseload for a full-time school occupational therapist employed for a full day, 5 days a week, shall be as follows:

PI 11.24(9)(b)1.a. a. A minimum of 15 children.

PI 11.24(9)(b)1.b. b. A maximum of 30 children.

PI 11.24(9)(b)1.c. c. A maximum of 45 children with one or more occupational therapy assistants.

PI 11.24(9)(b)2. 2. The caseload for a part-time school occupational therapist may be pro-rated based on the specifications under subd. 1.

PI 11.24(9)(b)3. 3. A caseload may vary from the specifications under subd. 1. or 2., if approved in the LEA’s plan under s. 115.77 (4), Stats. The following shall be considered in determining whether the variance may be approved:

PI 11.24(9)(b)3.a. a. Frequency and duration of occupational therapy as specified in the child’s IEP.

PI 11.24(9)(b)3.b. b. Travel time.

PI 11.24(9)(b)3.c. c. Number of evaluations.

PI 11.24(9)(b)3.d. d. Preparation time.

PI 11.24(9)(b)3.e. e. Student related activities.

PI 11.24(9)(c) (c) Medical information. The school occupational therapist shall have medical information regarding a child before the child receives occupational therapy.

PI 11.24(9)(d) (d) Delegation and supervision of occupational therapy.

PI 11.24(9)(d)1. 1. The school occupational therapist may delegate to a school occupational therapy assistant only those portions of a child’s occupational therapy which are consistent with the school occupational therapy assistant’s education, training and experience.

PI 11.24(9)(d)2. 2. The school occupational therapist shall supervise the occupational therapy provided by a school occupational therapy assistant. The school occupational therapist shall develop a written policy and procedure for written and oral communication to the occupational therapist assistant. The policy and procedure shall include a specific description of the supervisory activities undertaken for the school occupational therapist assistant which shall include either of the following levels of supervision:

PI 11.24(9)(d)2.a. a. The school occupational therapist shall have daily, direct contact on the premises with the school occupational therapy assistant.

PI 11.24(9)(d)2.b. b. The school occupational therapist shall have direct, face-to-face contact with the school occupational therapy assistant at least once every 14 calendar days. Between direct contacts, the occupational therapist shall be available by telecommunication. The school occupational therapist providing general supervision under this subdivision shall provide an on-site reevaluation of each child’s occupational therapy a minimum of one time per calendar month or every tenth day of occupational therapy, whichever is sooner, and adjust the occupational therapy as appropriate.

PI 11.24(9)(d)3. 3. A full-time school occupational therapist may supervise no more than 2 full-time equivalent occupational therapy assistant positions which may include no more than 3 occupational therapy assistants.

PI 11.24(9)(d)4. 4. Notwithstanding the provisions under this paragraph, the act undertaken by a school occupational therapy assistant shall be considered the act of the supervising occupational therapist who has delegated the act.

PI 11.24(9)(e) (e) Responsibility of school occupational therapist. A school occupational therapist under this subsection shall conduct all occupational therapy evaluations and reevaluations of a child, participate in the development of the child’s IEP, and develop occupational therapy treatment plans for the child. A school occupational therapist may not be represented by a school occupational therapy assistant on an IEP team.

PI 11.24(10) (10) School occupational therapy assistants’ qualifications and supervision.

PI 11.24(10)(a) (a) Licensure. A school occupational therapy assistant shall be licensed by the department under s. PI 34.092.

PI 11.24(10)(b) (b) Supervision. The school occupational therapy assistant providing occupational therapy to a child under this section shall be supervised by a school occupational therapist as specified under sub. (9) (d).

PI 11.24 History History: Cr. Register, December, 1975, No. 240, eff. 1-1-76; am. (7) (b) 1 and (8) (b) 1, Register, February, 1976, No. 242, eff. 3-1-76; am. (7) (b) 4 and (8) (b) 2, Register, November, 1976, No. 251, eff. 12-1-76; am. (1) and (8) (b) 4., Register, February, 1983, No. 326, eff. 3-1-83; r. (11) (b) and (c), renum. (11) (a) to be (11), Register, September, 1986, No. 369, eff. 10-1-86; renum. from PI 11.19, Register, May, 1990, No. 413, eff. 6-1-90; am (7) (b) 4., Register, October, 1990, No. 418, eff. 11-1-90; am. (7) (a) and (8) (a), Register, March, 1992, No. 435, eff. 4-1-92; am. (1), (2) (intro.) and (3) (intro.), r. (2) (a) to (d), (3) (a), (b) and (11), r. and recr. (4) to (10), Register, July, 1993, No. 451, eff. 8-1-93; correction in (10) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1998, No. 508; r. (1) to (6), cr. (1) and (2), am. (7) (b) 1. (intro.), 3. (intro.), (e), (9) (b) 1. (intro.), 3. (intro.), (e) and (10) (b), Register, September, 1998, No. 513, eff. 10-1-98; am. (9) (c), Register, May, 2000, No. 533, eff. 6-1-00; corrections in (7) (a), (8) (a), (9) (a), and (10) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659; CR 16-027: am. (1) Register July 2016 No. 727, eff. 8-1-16; correction in (7) (a), (8) (a), (9) (a), (10) (a), made under s. 13.92 (4) (b) 7., Stats., Register June 2019 No. 762.

PI 11.35 PI 11.35 Determination of eligibility. As part of an evaluation or reevaluation under s. 115.782, Stats., conducted by the IEP team in determining whether a child is or continues to be a child with a disability, the IEP team shall identify modifications, if any, that can be made in the regular education program, such as adaptation of content, methodology or delivery of instruction to meet the child’s needs identified under s. 115.782 (2) (b) 2., Stats., that will allow the child to access the general education curriculum and meet the educational standards that apply to all children.

PI 11.35 History History: Cr. Register, May, 1977, No. 257, eff. 6-1-77; am. (2) (intro.), Register, February, 1983, No. 326, eff. 3-1-83; r. (2) (c), renum. (2) (d) to (i) to be (2) (c) to (h), Register, September, 1986, No. 369, eff. 10-1-86; renum. from PI 11.34, Register, May, 1990, No. 413, eff. 6-1-90; r. and recr. (2) (b), cr. (2) (i) to (k), Register, April, 1995, No. 472, eff. 5-1-95; corrections made under s. 13.93 (2m) (b) 1., Stats., Register, March, 1996, No. 483; emerg. cr. (2) (L), eff. 6-25-96; cr. (2) (L), Register, January, 1997, No. 493, eff. 2-1-97; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2000, No. 533; r. (1m), (2) (intro.), (a), (ad), (c) to (h), renum. (2) (b) to be PI 11.36 (2) and (2) (i) to (L) to be PI 11.36 (8) to (11), cr. (2) and (3), Register, December, 2000, No. 540, eff. 7-1-01; CR 19-069: r. and recr. Register February 2020 No. 770, eff. 3-1-20.

PI 11.36 PI 11.36 Areas of impairment. All provisions in these rules shall be construed consistent with 20 USC 1400 et. seq. and the regulations promulgated thereunder.

PI 11.36(1) (1) Intellectual disability.

PI 11.36(1)(a) (a) 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.

PI 11.36(1)(b) (b) The IEP team may identify a child as having an intellectual disability if the child meets the criteria under subds. 1., 2., and 3. a. or b. as follows:

PI 11.36(1)(b)1. 1. The child has a standard score of 2 or more standard deviations below the mean on an 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.

PI 11.36(1)(b)2. 2. The child has significant limitations in adaptive behavior that 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:

PI 11.36(1)(b)2.am. am. Conceptual skills.