AB674-ASA1, s. 40 24Section 40. 115.362 (4) (a) of the statutes, as affected by 1997 Wisconsin Act
2527
, is amended to read:
AB674-ASA1,14,5
1115.362 (4) (a) Each school board receiving a grant under sub. (2) (a) 2. shall
2ensure that its program meets standards established by the state superintendent by
3rule. The school board may establish the program individually or on a cooperative
4basis with one or more school districts, cooperative educational service agencies or
5county handicapped children's children with disabilities education boards.
AB674-ASA1, s. 41 6Section 41. 115.37 of the statutes, as affected by 1997 Wisconsin Act 27, is
7amended to read:
AB674-ASA1,14,19 8115.37 Council on the education of the blind. The council on the education
9of the blind shall make recommendations as to procedures and policies affecting any
10problem of the visually handicapped children with visual impairments before the
11department. The council shall advise on such services, activities, programs,
12investigations and researches as in its judgment will contribute to the welfare of
13visually handicapped persons with visual impairments. The state superintendent
14shall seek the advice of and consult with the council on problems and policy changes
15affecting the visually handicapped persons with visual impairments in the
16department's jurisdiction, and the council may initiate consultations with the
17department. Notwithstanding any provision to the contrary, the council shall have
18access to files, records and statistics kept in the department which relate to matters
19concerning the visually handicapped children with visual impairments.
AB674-ASA1, s. 42 20Section 42. Subchapter III of chapter 115 (title) [precedes 115.51] of the
21statutes is amended to read:
AB674-ASA1,14,2222 Chapter 115
AB674-ASA1,14,2523 SUBCHAPTER III
24 STATE SCHOOLS AND SCHOLARSHIPS
25 FOR THE HANDICAPPED
AB674-ASA1, s. 43
1Section 43. 115.51 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
2is amended to read:
AB674-ASA1,15,53 115.51 (1) "Blind" includes persons visually handicapped with visual
4impairments
, as determined by competent medical authority with the approval of
5the state superintendent.
AB674-ASA1, s. 44 6Section 44. 115.52 (1) of the statutes is amended to read:
AB674-ASA1,15,117 115.52 (1) The object of the Wisconsin school for the visually handicapped and
8the Wisconsin school for the deaf is to afford the visually handicapped persons with
9visual impairments
and the deaf persons with hearing impairments a practical
10education and physical rehabilitation which may aid them to make a living,
11discharge their duties as citizens and secure to them all possible happiness.
AB674-ASA1, s. 45 12Section 45. 115.52 (5) of the statutes, as affected by 1997 Wisconsin Act 27,
13is amended to read:
AB674-ASA1,15,2014 115.52 (5) The state superintendent may grant approval for the maintenance
15of a summer school at the school for the deaf whenever it will be to the advantage of
16deaf persons with hearing impairments and may grant approval for the maintenance
17of a summer school at the school for the visually handicapped whenever it will be to
18the advantage of visually handicapped minors children with visual impairments.
19There shall be a summer school each year at the school for the visually handicapped
20for visually handicapped adults with visual impairments.
AB674-ASA1, s. 46 21Section 46. 115.52 (7) of the statutes is amended to read:
AB674-ASA1,16,222 115.52 (7) The Wisconsin school for the deaf may provide instruction for
23preschool deaf children with hearing impairments and their parents. The Wisconsin
24school for the visually handicapped may provide instruction for preschool visually
25handicapped
children with visual impairments and their parents. Such instruction

1or treatment shall be subject to the approval of, and shall comply with requirements
2established by, the department.
AB674-ASA1, s. 47 3Section 47. 115.53 (2) of the statutes is amended to read:
AB674-ASA1,16,104 115.53 (2) Arrange for vocational, trade or academic training for any pupil in
5either state school qualified to take such training advantageously, in either a public
6school or technical college or a private business establishment in Janesville or
7Delavan. The public school and the technical college shall be paid the regular tuition
8for full-time attendance and proportionally for part-time attendance by the school
9district responsible for the pupil's placement in an appropriate program under s.
10115.85 (1)
provision of a free appropriate public education under subch. V.
AB674-ASA1, s. 48 11Section 48. 115.55 of the statutes, as affected by 1997 Wisconsin Act 27, is
12amended to read:
AB674-ASA1,16,20 13115.55 (title) Library for the blind and visually handicapped persons
14with visual impairments
. Embossed, clear type or large type text books acquired
15by the school for the visually handicapped shall constitute a circulating collection for
16the blind and visually handicapped persons with visual impairments. The collection
17shall be kept at the school and be under the supervision of its superintendent. All
18blind and visually handicapped school age children with visual impairments of the
19state may use such books upon compliance with rules made by the superintendent
20and approved by the state superintendent.
AB674-ASA1, s. 49 21Section 49. 115.74 (1) (a) 3. of the statutes is amended to read:
AB674-ASA1,16,2422 115.74 (1) (a) 3. Placement rates Rates of American Indian children in classes
23for handicapped pupils
receiving special education and related services under subch.
24V of ch. 115
in comparison with statewide and district-wide placement rates.
AB674-ASA1, s. 50
1Section 50. Subchapter V of chapter 115 [precedes 115.758] of the statutes, as
2affected by 1997 Wisconsin Acts 27 and 59, is repealed and recreated to read:
AB674-ASA1,17,33 CHAPTER 115
AB674-ASA1,17,54 SUBCHAPTER V
5 children with disabilities
AB674-ASA1,17,7 6115.758 Construction. To the extent possible, this subchapter shall be
7construed in a manner that is consistent with 20 USC 1400 to 1487.
AB674-ASA1,17,8 8115.76 Definitions. In this subchapter:
AB674-ASA1,17,11 9(1) "Assistive technology device" means any item, piece of equipment or
10product system that is used to increase, maintain or improve the functional
11capabilities of a child with a disability.
AB674-ASA1,17,14 12(2) "Assistive technology service" means any service that directly assists a child
13with a disability in the selection, acquisition or use of an assistive technology device,
14including all of the following:
AB674-ASA1,17,1615 (a) The evaluation of the needs of the child, including a functional evaluation
16of the child in the child's customary environment.
AB674-ASA1,17,1817 (b) Purchasing, leasing or otherwise providing for the acquisition of assistive
18technology devices by the child.
AB674-ASA1,17,2019 (c) Selecting, designing, fitting, customizing, adapting, applying, maintaining,
20repairing or replacing of assistive technology devices.
AB674-ASA1,17,2321 (d) Coordinating and using other therapies, interventions or services with
22assistive technology devices, such as those associated with existing education and
23rehabilitative plans and programs.
AB674-ASA1,17,2524 (e) Training or technical assistance for the child or, where appropriate, the
25child's family.
AB674-ASA1,18,4
1(f) Training or technical assistance for professionals, including individuals
2providing education and rehabilitative services, employers or other individuals who
3provide services to, employ or are otherwise substantially involved in the major life
4functions of the child.
AB674-ASA1,18,6 5(3) "Child" means any person who is at least 3 years old but not yet 22 years
6old and who has not graduated from high school.
AB674-ASA1,18,8 7(4) "Child caring institution" means a child welfare agency licensed under s.
848.60.
AB674-ASA1,18,10 9(5) (a) "Child with a disability" means a child who, by reason of any of the
10following, needs special education and related services:
AB674-ASA1,18,1111 1. Cognitive disabilities.
AB674-ASA1,18,1212 2. Hearing impairments.
AB674-ASA1,18,1313 3. Speech or language impairments.
AB674-ASA1,18,1414 4. Visual impairments.
AB674-ASA1,18,1515 5. Emotional disturbance.
AB674-ASA1,18,1616 6. Orthopedic impairments.
AB674-ASA1,18,1717 7. Autism.
AB674-ASA1,18,1818 8. Traumatic brain injury.
AB674-ASA1,18,1919 9. Other health impairments.
AB674-ASA1,18,2020 10. Learning disabilities.
AB674-ASA1,18,2321 (b) "Child with a disability" may, at the discretion of the local educational
22agency and consistent with department rules, include a child who, by reason of his
23or her significant developmental delay, needs special education and related services.
AB674-ASA1,18,25 24(6) "Division" means the division for learning support, equity and advocacy in
25the department.
AB674-ASA1,19,5
1(7) "Free appropriate public education" means special education and related
2services that are provided at public expense and under public supervision and
3direction, meet the standards of the department, include an appropriate preschool,
4elementary or secondary school education and are provided in conformity with an
5individualized education program.
AB674-ASA1,19,7 6(8) "Hearing officer" means an independent examiner appointed to conduct
7hearings under s. 115.80.
AB674-ASA1,19,10 8(9) "Individualized education program" means a written statement for a child
9with a disability that is developed, reviewed and revised in accordance with s.
10115.787.
AB674-ASA1,19,14 11(10) "Local educational agency", except as otherwise provided, means the
12school district in which the child with a disability resides, or the department of health
13and family services or the department of corrections if such department is
14responsible for providing a free appropriate public education to the child.
AB674-ASA1,19,16 15(11) "Native language", when used with reference to an individual of limited
16English proficiency, means the language normally used by the individual.
AB674-ASA1,20,5 17(12) "Parent" means a biological parent; a husband who has consented to the
18artificial insemination of his wife under s. 891.40; a male who is presumed to be the
19child's father under s. 891.41; a male who has been adjudicated the child's father
20under subch. VIII of ch. 48, under ss. 767.45 to 767.51, by final order or judgment of
21an Indian tribal court of competent jurisdiction or by final order or judgment of a
22court of competent jurisdiction in another state; an adoptive parent; a legal guardian;
23a person acting as a parent of a child; a person appointed as a sustaining parent
24under s. 48.428; or a person assigned as a surrogate parent under s. 115.792 (1) (a)
252. "Parent" does not include any person whose parental rights have been terminated;

1the state or a county or a child welfare agency if a child was made a ward of the state
2or a county or child welfare agency under ch. 880 or if a child has been placed in the
3legal custody or guardianship of the state or a county or a child welfare agency under
4ch. 48 or ch. 767; or an American Indian tribal agency if the child was made a ward
5of the agency or placed in the legal custody or guardianship of the agency.
AB674-ASA1,20,12 6(13) "Person acting as a parent of a child" means a relative of the child or a
7private individual allowed to act as a parent of a child by the child's biological or
8adoptive parents or guardian, and includes the child's grandparent, neighbor, friend
9or private individual caring for the child with the explicit or tacit approval of the
10child's biological or adoptive parents or guardian. "Person acting as a parent of a
11child" does not include any person that receives public funds to care for the child if
12such funds exceed the cost of such care.
AB674-ASA1,20,20 13(14) "Related services" means transportation and such developmental,
14corrective and other supportive services as may be required to assist a child with a
15disability to benefit from special education, including speech-language pathology
16and audiology services; psychological services; physical and occupational therapy;
17recreation, including therapeutic recreation; social work services; counseling
18services, including rehabilitative counseling; orientation and mobility services;
19medical services for diagnostic and evaluative purposes only; and the early
20identification and assessment of disabling conditions in children.
AB674-ASA1,20,24 21(15) "Special education" means specially designed instruction, regardless of
22where the instruction is conducted, that is provided at no cost to the child or the
23child's parents, to meet the unique needs of a child with a disability, including
24instruction in physical education.
AB674-ASA1,21,4
1(16) "Supplementary aids and services" means aids, services and other
2supports that are provided in regular education classes or other education-related
3settings to enable a child with a disability to be educated with nondisabled children
4to the maximum extent appropriate.
AB674-ASA1,21,5 5(17) "Transition services" has the meaning given in 20 USC 1401 (30).
AB674-ASA1,21,8 6115.762 Division for learning support, equity and advocacy. (1)
7Appointment of administrator. The state superintendent shall appoint the
8administrator of the division.
AB674-ASA1,21,11 9(2) Staff. Subject to the approval of the state superintendent, the
10administrator of the division shall appoint qualified staff necessary to perform the
11duties required of the division.
AB674-ASA1,21,12 12(3) Division duties. The division is responsible for all of the following:
AB674-ASA1,21,1513 (a) Ensuring that all children with disabilities, including children who are not
14yet 3 years of age, who reside in this state and who are in need of special education
15and related services are identified, located and evaluated.
AB674-ASA1,21,1816 (am) Ensuring that a free appropriate public education is available to all
17children with disabilities who reside in this state, including such children who are
18suspended or expelled from school.
AB674-ASA1,21,2019 (b) Developing and implementing a practical method to determine which
20children with disabilities are receiving special education and related services.
AB674-ASA1,21,2221 (c) Complying with the requirements of this subchapter and applicable federal
22law, including 20 USC 1415 (k).
AB674-ASA1,22,223 (d) Coordinating and supervising the provision of all publicly funded special
24education and related services for children with disabilities in this state and
25ensuring that such education and services meet the educational standards of the

1department, including any criteria established by the department relating to
2enrollment.
AB674-ASA1,22,43 (e) Pursuant to s. 115.77 (4), approving the plan for the provision of all special
4education and related services provided by a local educational agency.
AB674-ASA1,22,75 (g) Monitoring and enforcing local educational agency and child caring
6institution compliance with this subchapter and applicable federal law, including 20
7USC 1415
(k).
AB674-ASA1,22,98 (h) Maintaining current information on all publicly funded special education
9and related services within this state and making this information public.
AB674-ASA1,22,1510 (i) Coordinating a comprehensive system of personnel development that is
11designed to ensure an adequate supply of qualified special education, regular
12education and related services personnel and that meets the requirements of
13applicable federal law, including participation, as appropriate, by institutions of
14higher education, state and local agencies and other public and private
15organizations.
AB674-ASA1,22,2416 (j) Examining data to determine if significant discrepancies are occurring in
17the rate of long-term suspensions and expulsions of children with disabilities among
18local educational agencies or compared to such rates for nondisabled children within
19such agencies. If such discrepancies are occurring, the division shall review and, if
20appropriate, revise or require the affected local educational agency to revise its
21policies, procedures and practices relating to the development and implementation
22of individualized education programs, the use of behavioral interventions and
23procedural safeguards to ensure that such policies, procedures and practices comply
24with this subchapter.
AB674-ASA1,23,5
1(4) Limitation. Nothing in this subchapter requires that special education and
2related services be provided to a child with a disability who is at least 18 years old
3but not yet 22 years old and who, in the child's educational placement before his or
4her incarceration in a state prison, was not identified as a child with a disability or
5for whom an individualized education program was not developed.
AB674-ASA1,23,9 6115.77 Local educational agency duties. (1) In sub. (1m) (a) to (d), except
7as provided in s. 118.51 (12) (a) and (b) 2., if a child with a disability is attending a
8public school in a nonresident school district under s. 118.51, "local educational
9agency" means the school district that the child is attending.
AB674-ASA1,23,11 10(1m) A local educational agency shall demonstrate to the satisfaction of the
11division that it does all of the following:
AB674-ASA1,23,1712 (a) Identifies, locates and evaluates all children with disabilities who are in
13need of special education and related services, including such children who are not
14yet 3 years of age. A local educational agency may provide special education and
15related services to children with disabilities who are not yet 3 years of age under an
16interagency agreement with a county agency responsible for the early intervention
17program under s. 51.44.
AB674-ASA1,23,1918 (b) Makes available a free appropriate public education to children with
19disabilities as required by this subchapter and applicable state and federal law.
AB674-ASA1,23,2320 (bg) Includes children with disabilities in statewide and local educational
21agency-wide assessments, with appropriate modifications where necessary, or in
22alternative assessments for those children who cannot participate in statewide or
23local educational agency-wide assessments.
AB674-ASA1,24,524 (c) Ensures that children participating in early intervention programs under
25s. 51.44 who will participate in preschool programs assisted under this subchapter

1experience a smooth and effective transition to those preschool programs and that,
2by the 3rd birthday of such a child, an individualized education program has been
3developed and is being implemented for the child. The local educational agency shall
4participate in transition planning conferences arranged by the county
5administrative agency, as defined in s. HFS 90.03 (10), Wis. adm. code.
AB674-ASA1,24,106 (d) Ensures that children with disabilities who are enrolled in private schools
7and facilities are provided special education and related services, in accordance with
8individualized education programs, at no cost to them or to their parents, if such
9children are placed in, or referred to, such schools or facilities by a local educational
10agency to satisfy the requirements of this subchapter or applicable federal law.
AB674-ASA1,24,1611 (e) To the extent consistent with the number and location of children with
12disabilities residing in the local educational agency who are enrolled by their parents
13in private elementary and secondary schools, ensures that those children have an
14opportunity to participate in special education and related services and that the
15amount spent to provide those services by the local educational agency is equal to a
16proportionate amount of federal funds made available under this subchapter.
AB674-ASA1,24,1817 (f) Establishes written policies and procedures for implementing this
18subchapter and applicable federal law.
AB674-ASA1,24,2019 (g) Makes available to any person, upon request, all documents relating to the
20agency's eligibility for funds under this subchapter.
AB674-ASA1,24,2221 (h) Regularly publicizes information regarding its special education
22procedures and services.
AB674-ASA1,24,25 23(2) The local educational agency shall provide the division with information
24necessary to enable the division to carry out its duties under this subchapter and
25applicable federal law.
AB674-ASA1,25,3
1(3) Any state or federal aid that is made available to a local educational agency
2for special education and related services shall be used by the local educational
3agency to comply with this subchapter.
AB674-ASA1,25,7 4(4) A local educational agency shall submit to the division, pursuant to a
5schedule and instructions established and published by the division, the agency's
6plan, including a program narrative, for the provision of special education and
7related services that includes all of the following:
AB674-ASA1,25,98 (a) The extent to which special education and related services is or is not
9organized around particular disabilities.
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