Amendment ASA1-AB945

AB945-ASA1, s. 42 Section 42. 115.782 (2) (b) 1. of the statutes is amended to read:

AB945-ASA1,12,25 115.782 (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.

AB945-ASA1, s. 43 Section 43. 115.782 (2) (b) 2. (intro.), a. and b. of the statutes are amended to read:

AB945-ASA1,13,5 115.782 (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:

AB945-ASA1,13,8 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.

AB945-ASA1,13,10 b. The present levels of performance and educational academic achievement and related developmental needs of the child.

AB945-ASA1, s. 44 Section 44. 115.782 (2) (c) of the statutes is amended to read:

AB945-ASA1,13,14 115.782 (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.

AB945-ASA1, s. 45 Section 45. 115.782 (2) (d) of the statutes is renumbered 115.78 (1m) (h) and amended to read:

AB945-ASA1,13,22 115.78 (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.

AB945-ASA1, s. 46 Section 46. 115.782 (2) (e) of the statutes is repealed.

AB945-ASA1, s. 47 Section 47. 115.782 (2) (f) of the statutes is created to read:

AB945-ASA1,14,5 115.782 (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.

AB945-ASA1, s. 48 Section 48. 115.782 (3) (a) of the statutes is amended to read:

AB945-ASA1,14,15 115.782 (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.

AB945-ASA1, s. 49 Section 49. 115.782 (3) (b) of the statutes is amended to read:

AB945-ASA1,15,6 115.782 (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).

AB945-ASA1, s. 50 Section 50. 115.782 (3) (c) of the statutes is repealed.

AB945-ASA1, s. 51 Section 51. 115.782 (4) (a) 1. and 2. of the statutes are amended to read:

AB945-ASA1,15,17 115.782 (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.

AB945-ASA1,15,25 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.

AB945-ASA1, s. 52 Section 52. 115.782 (4) (c) of the statutes is amended to read:

AB945-ASA1,16,10 115.782 (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.

AB945-ASA1, s. 53 Section 53. 115.787 (2) (a) of the statutes is amended to read:

AB945-ASA1,16,16 115.787 (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.

AB945-ASA1, s. 54 Section 54. 115.787 (2) (b) of the statutes is amended to read:

AB945-ASA1,16,23 115.787 (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.

AB945-ASA1, s. 55 Section 55. 115.787 (2) (bm) of the statutes is created to read:

AB945-ASA1,17,3 115.787 (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.

AB945-ASA1, s. 56 Section 56. 115.787 (2) (c) (intro.) of the statutes is amended to read:

AB945-ASA1,17,9 115.787 (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:

AB945-ASA1, s. 57 Section 57. 115.787 (2) (c) 1. of the statutes is amended to read:

AB945-ASA1,17,11 115.787 (2) (c) 1. Advance appropriately toward attaining the annual goals.

AB945-ASA1, s. 58 Section 58. 115.787 (2) (c) 2. of the statutes is amended to read:

AB945-ASA1,17,15 115.787 (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.

AB945-ASA1, s. 59 Section 59. 115.787 (2) (e) of the statutes is amended to read:

AB945-ASA1,17,21 115.787 (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.

AB945-ASA1,18,3 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.

AB945-ASA1, s. 60 Section 60. 115.787 (2) (g) 1. and 2. of the statutes are repealed and recreated to read:

AB945-ASA1,18,10 115.787 (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.

AB945-ASA1,18,14 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.

AB945-ASA1, s. 61 Section 61. 115.787 (2) (g) 3. of the statutes is amended to read:

AB945-ASA1,18,20 115.787 (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.

AB945-ASA1, s. 62 Section 62. 115.787 (2) (h) 1. of the statutes is amended to read:

AB945-ASA1,18,23 115.787 (2) (h) 1. How the child's progress toward attaining the annual goals described in par. (b) will be measured.

AB945-ASA1, s. 63 Section 63. 115.787 (2) (h) 2. of the statutes is repealed and recreated to read:

AB945-ASA1,19,3 115.787 (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.

AB945-ASA1, s. 64 Section 64. 115.787 (3) (a) of the statutes is amended to read:

AB945-ASA1,19,9 115.787 (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.

AB945-ASA1, s. 65 Section 65. 115.787 (3) (b) 1. of the statutes is amended to read:

AB945-ASA1,19,14 115.787 (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.

AB945-ASA1, s. 66 Section 66. 115.787 (3) (b) 4. of the statutes is amended to read:

AB945-ASA1,19,22 115.787 (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.

AB945-ASA1, s. 67 Section 67. 115.787 (3) (c) of the statutes is amended to read:

AB945-ASA1,20,4 115.787 (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.

AB945-ASA1, s. 68 Section 68. 115.787 (3) (d) of the statutes is repealed.

AB945-ASA1, s. 69 Section 69. 115.787 (4) (c) of the statutes is created to read:

AB945-ASA1,20,16 115.787 (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.

AB945-ASA1, s. 70 Section 70. 115.787 (5) of the statutes is amended to read:

AB945-ASA1,20,22 115.787 (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.

AB945-ASA1, s. 71 Section 71. 115.787 (6) (b) of the statutes is amended to read:

AB945-ASA1,21,4 115.787 (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.

AB945-ASA1, s. 72 Section 72. 115.787 (7) of the statutes is amended to read:

AB945-ASA1,21,11 115.787 (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.

AB945-ASA1, s. 73 Section 73. 115.79 (intro.) of the statutes is renumbered 115.79 (1) (intro.).

AB945-ASA1, s. 74 Section 74. 115.79 (2) of the statutes is created to read:

AB945-ASA1,21,19 115.79 (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:

AB945-ASA1,21,21 (a) The local educational agency is not in violation of the requirement to make available to the child a free appropriate public education.

AB945-ASA1,21,25 (b) The local educational agency is not required to convene an individualized education program team meeting or to develop an individualized education program for the child for the special education and related services for which the local educational agency sought consent.

AB945-ASA1, s. 75 Section 75. 115.791 (3) (intro.) of the statutes is renumbered 115.791 (3) (a) (intro.).

AB945-ASA1, s. 76 Section 76. 115.791 (3) (a) of the statutes is renumbered 115.791 (3) (b) 1.

AB945-ASA1, s. 77 Section 77. 115.791 (3) (b) (intro.) and 2. of the statutes are created to read:

AB945-ASA1,22,7 115.791 (3) (b) (intro.) Notwithstanding the notice requirement in sub. (2) (a), a court or hearing officer may determine not to reduce or deny the cost of reimbursement for failure to provide such notice if any of the following apply:

AB945-ASA1,22,9 2. Compliance with sub. (2) (a) would likely result in serious emotional harm to the child.

AB945-ASA1, s. 78 Section 78. 115.791 (3) (b) of the statutes is renumbered 115.791 (3) (a) 2. and amended to read:

AB945-ASA1,22,13 115.791 (3) (a) 2. Compliance with sub. (2) (a) would likely result in physical or serious emotional harm to the child.

AB945-ASA1, s. 79 Section 79. 115.791 (3) (c) of the statutes is renumbered 115.791 (3) (a) 3.

AB945-ASA1, s. 80 Section 80. 115.791 (3) (d) of the statutes is renumbered 115.791 (3) (a) 4.

AB945-ASA1, s. 81 Section 81. 115.792 (1) (a) 2. of the statutes is amended to read:

AB945-ASA1,22,24 115.792 (1) (a) 2. That a child's rights are protected by the assignment of an individual, who shall not be an employee of the department, the local educational agency, or any other agency that is involved in the education or care of the child, to act as a surrogate for the child's parents whenever the child's parents are not known; the local educational agency cannot, after reasonable efforts, locate the child's parents; or the child is a ward of the state. For a child who is a ward of the state, a judge overseeing the child's care may appoint a surrogate for the child's parents if the surrogate meets the requirements of this subdivision.

AB945-ASA1, s. 82 Section 82. 115.792 (2) (d) of the statutes is amended to read:

AB945-ASA1,23,3 115.792 (2) (d) A description of each evaluative evaluation procedure, test assessment, record, or report that the local educational agency used as a basis for the proposed or refused action.

AB945-ASA1, s. 83 Section 83. 115.792 (2) (e) of the statutes is amended to read:

AB945-ASA1,23,6 115.792 (2) (e) If the notice proposes to evaluate or reevaluate the child, the qualifications names of the evaluators and their names, if known.

AB945-ASA1, s. 84 Section 84. 115.792 (2) (g) of the statutes is amended to read:

AB945-ASA1,23,12 115.792 (2) (g) A statement that the parents of a child with a disability have procedural safeguards under this section and, if this notice is not an initial referral for evaluation, or reevaluation, or a notice of an individualized education program meeting, the way in which the parents may obtain a description of the procedural safeguards under sub. (3).

AB945-ASA1, s. 85 Section 85. 115.792 (2) (i) of the statutes is repealed.

AB945-ASA1, s. 86 Section 86. 115.792 (3) (b) (intro.) of the statutes is amended to read:

AB945-ASA1,23,23 115.792 (3) (b) (intro.) The local educational agency shall give to the parents of a child with a disability, once a year but also upon the child's initial referral or parental request for evaluation, upon each notification of an individualized education program meeting and upon reevaluation of the child the first occurrence of the filing of a request for a hearing under s. 115.80, and upon request by the child's parent, a full explanation written so as to be in an easily understood by the general public understandable manner, and in the native language of the child's parents unless it clearly is not feasible to do so, of the procedural safeguards available under this section and under applicable federal law relating to all of the following: