SB529-SSA1,3,6
1115.76 (3) "Child" means any person who is at least 3 years old but not yet 21
2years old and who has not graduated from high school and, for the duration of a school
3term, any person who becomes 21 years old during that school term and who has not
4graduated from high school, and includes a child who is homeless, a child who is a
5ward of the state, county, or child welfare agency, and a child who is attending a
6private school
.
SB529-SSA1, s. 4 7Section 4. 115.76 (5) (a) 5. of the statutes is amended to read:
SB529-SSA1,3,88 115.76 (5) (a) 5. Emotional disturbance behavioral disability.
SB529-SSA1, s. 5 9Section 5. 115.76 (14) of the statutes is amended to read:
SB529-SSA1,3,2210 115.76 (14) "Related services" means transportation and such developmental,
11corrective and other supportive services as may be required to assist a child with a
12disability to benefit from special education,
(including speech-language pathology
13and audiology services; interpreting services; psychological services; physical and
14occupational therapy; recreation, including therapeutic recreation; social work
15services; school nursing services designed to enable a child with a disability to receive
16a free appropriate public education as described in the child's individualized
17education program;
counseling services, including rehabilitative counseling;
18orientation and mobility services; medical services for diagnostic and evaluative
19purposes only; and the early identification and assessment of disabling conditions
20in children) as may be required to assist a child with a disability to benefit from
21special education. "Related services" does not include a medical device that is
22surgically implanted or the replacement of such a device
.
SB529-SSA1, s. 6 23Section 6. 115.76 (17) of the statutes is amended to read:
SB529-SSA1,3,2524 115.76 (17) "Transition services" has the meaning given in 20 USC 1401 (30)
25(34).
SB529-SSA1, s. 7
1Section 7. 115.762 (3) (c) of the statutes is amended to read:
SB529-SSA1,4,32 115.762 (3) (c) Complying with the requirements of this subchapter and
3applicable federal law, including 20 USC 1415 (k) and 42 USC 11431 to 11434a.
SB529-SSA1, s. 8 4Section 8. 115.762 (3) (e) of the statutes is repealed and recreated to read:
SB529-SSA1,4,75 115.762 (3) (e) Determining local educational agency eligibility for assistance,
6including determining whether a local educational agency is failing to comply with
7any of the requirements of the plan submitted to the division under s. 115.77 (4).
SB529-SSA1, s. 9 8Section 9. 115.762 (3) (g) of the statutes is amended to read:
SB529-SSA1,4,119 115.762 (3) (g) Monitoring and enforcing local educational agency and
10residential care center for children and youth compliance with this subchapter and
11applicable federal law, including 20 USC 1415 (k) and 42 USC 11431 to 11434a.
SB529-SSA1, s. 10 12Section 10. 115.762 (3) (h) of the statutes is repealed and recreated to read:
SB529-SSA1,4,1413 115.762 (3) (h) Developing and maintaining a performance plan in compliance
14with 20 USC 1416 (b).
SB529-SSA1, s. 11 15Section 11. 115.762 (3) (i) of the statutes is repealed and recreated to read:
SB529-SSA1,4,2116 115.762 (3) (i) Establishing and maintaining qualifications to ensure that
17personnel necessary to carry out the requirements of this subchapter are
18appropriately and adequately prepared and trained, in compliance with 20 USC
191412
(a) (14), and requiring that local educational agencies take measurable steps
20to recruit, hire, train, and retain highly qualified personnel to provide special
21education and related services to children with disabilities under this subchapter.
SB529-SSA1, s. 12 22Section 12. 115.762 (3) (j) of the statutes is amended to read:
SB529-SSA1,5,723 115.762 (3) (j) Examining data, including data disaggregated by race and
24ethnicity,
to determine if significant discrepancies are occurring in the rate of
25long-term suspensions and expulsions of children with disabilities among local

1educational agencies or compared to such rates for nondisabled children within such
2agencies. If such discrepancies are occurring, the division shall review and, if
3appropriate, revise or require the affected local educational agency to revise its
4policies, procedures and practices relating to the development and implementation
5of individualized education programs, the use of positive behavioral interventions
6and supports and procedural safeguards to ensure that such policies, procedures and
7practices comply with this subchapter.
SB529-SSA1, s. 13 8Section 13. 115.77 (1m) (intro.) of the statutes is amended to read:
SB529-SSA1,5,109 115.77 (1m) (intro.) A local educational agency shall demonstrate to the
10satisfaction of
the division that it does all of the following:
SB529-SSA1, s. 14 11Section 14. 115.77 (1m) (b) of the statutes is amended to read:
SB529-SSA1,5,1712 115.77 (1m) (b) Makes available a free appropriate public education to children
13with disabilities as required by this subchapter and applicable state and federal law,
14except that a local educational agency that provides special education and related
15services to a child with a disability who has not yet attained the age of 3 and who is
16participating in an early intervention program under s. 51.44 is not required to
17provide the child with a free appropriate public education
.
SB529-SSA1, s. 15 18Section 15. 115.77 (1m) (bg) of the statutes is amended to read:
SB529-SSA1,5,2419 115.77 (1m) (bg) Includes children with disabilities in statewide and local
20educational agency-wide assessments, including assessments described in 20 USC
216311
(b) (3),
with appropriate modifications accommodations and alternate
22assessments
where necessary, or in alternative assessments for those children who
23cannot participate in statewide or local educational agency-wide assessments
and
24as indicated in their individualized education programs
.
SB529-SSA1, s. 16 25Section 16. 115.77 (1m) (e) of the statutes is amended to read:
SB529-SSA1,6,7
1115.77 (1m) (e) To the extent consistent with the number and location of
2children with disabilities residing in the local educational agency who are enrolled
3by their parents in private elementary and secondary schools located within the local
4educational agency
, ensures that those children have an opportunity to participate
5in special education and related services and that the amount spent to provide those
6services by the local educational agency is equal to a proportionate amount of federal
7funds made available under this subchapter.
SB529-SSA1, s. 17 8Section 17. 115.77 (1m) (f) of the statutes is amended to read:
SB529-SSA1,6,109 115.77 (1m) (f) Establishes written policies and, procedures, and programs for
10implementing this subchapter and applicable federal law.
SB529-SSA1, s. 18 11Section 18. 115.77 (4) (intro.) of the statutes is amended to read:
SB529-SSA1,6,1712 115.77 (4) (intro.) A local educational agency shall submit to the division,
13pursuant to a schedule and instructions established and published by the division,
14the agency's a plan, including a program narrative, for the provision of special
15education and related services that includes
that provides assurances to the division
16that the local educational agency meets the conditions required by 20 USC 1413 (a),
17including
all of the following:
SB529-SSA1, s. 19 18Section 19. 115.77 (4) (a) to (k) of the statutes are repealed.
SB529-SSA1, s. 20 19Section 20. 115.77 (4) (n) of the statutes is renumbered 115.77 (4) (s) and
20amended to read:
SB529-SSA1,6,2221 115.77 (4) (s) Any other information the division requires to permit its review
22and approval of the plan.
SB529-SSA1, s. 21 23Section 21. 115.77 (4) (p) of the statutes is created to read:
SB529-SSA1,7,3
1115.77 (4) (p) Assurances that the local educational agency, in providing for the
2children with disabilities within its jurisdiction, has in effect policies, procedures,
3and programs that are consistent with this subchapter and applicable federal law.
SB529-SSA1, s. 22 4Section 22. 115.77 (4) (q) of the statutes is created to read:
SB529-SSA1,7,75 115.77 (4) (q) The local educational agency's plan for ensuring that all
6personnel necessary to carry out the requirements of this subchapter are
7appropriately and adequately prepared according to applicable state and federal law.
SB529-SSA1, s. 23 8Section 23. 115.77 (4) (r) of the statutes is created to read:
SB529-SSA1,7,119 115.77 (4) (r) The data regarding children with disabilities and nondisabled
10children in the local educational agency that the division is required to collect or
11report to be in compliance with 20 USC 1400 to 1482.
SB529-SSA1, s. 24 12Section 24. 115.77 (7) of the statutes is repealed.
SB529-SSA1, s. 25 13Section 25. 115.77 (8) of the statutes is amended to read:
SB529-SSA1,7,2214 115.77 (8) The local educational agency shall serve children with disabilities
15who are attending a charter school under contract with the local educational agency
16under s. 118.40 in the same manner as it serves children with disabilities attending
17schools of the local educational agency, and shall provide funds under this
18subchapter to such charter schools in the same manner on the same basis as it
19provides funds under this subchapter to schools of the local educational agency,
20including proportional distribution based on enrollment of children with disabilities,
21and at the same time as it distributes other federal funds to the agency's other
22schools
.
SB529-SSA1, s. 26 23Section 26. 115.775 of the statutes is amended to read:
SB529-SSA1,8,2 24115.775 Duties of operators of certain charter schools. (1) Except as
25provided in sub. (2), an operator of a charter school under s. 118.40 (2r) is a local

1educational agency, as defined in 20 USC 1401 (15) (19), and shall comply with 20
2USC 1400
to 1491o 1482.
SB529-SSA1,8,7 3(2) The board of directors of the school district operating under ch. 119 is a local
4educational agency under this section and shall comply with 20 USC 1400 to 1491o
51482 if the board of directors enters into an a written agreement with an operator
6of a charter school under s. 118.40 (2r) under which the board of directors agrees to
7serve as the local educational agency.
SB529-SSA1, s. 27 8Section 27. 115.777 (3) (e) of the statutes is created to read:
SB529-SSA1,8,139 115.777 (3) (e) Within 15 business days of receiving a referral, send to the
10child's parents a request for consent to evaluate the child under s. 115.782 except that
11if the local educational agency determines that no additional data are necessary, the
12agency shall notify the child's parent of that determination within 15 business days
13of receiving the referral.
SB529-SSA1, s. 28 14Section 28. 115.78 (1m) (c) of the statutes is amended to read:
SB529-SSA1,8,1815 115.78 (1m) (c) At least one special education teacher who has extensive and
16recent training and or experience related to the child's known or suspected disability
17as specified in s. 115.76 (5) (a)
area of special education needs or, where appropriate,
18at least one special education provider of the child.
SB529-SSA1, s. 29 19Section 29. 115.78 (1m) (d) of the statutes is amended to read:
SB529-SSA1,8,2420 115.78 (1m) (d) A representative of the local educational agency who is
21qualified to provide, or supervise the provision of, special education, is
22knowledgeable about the general education curriculum and is knowledgeable about
23and authorized by the local educational agency to commit the available resources of
24the local educational agency.
SB529-SSA1, s. 30
1Section 30. 115.78 (3) (a) to (c) of the statutes are repealed and recreated to
2read:
SB529-SSA1,9,73 115.78 (3) (a) The local educational agency shall determine if a child is a child
4with a disability within 60 days after the local educational agency receives parental
5consent for the evaluation of the child under s. 115.782 (1) (b) or (4) (b), provides
6notice under s. 115.777 (3) (e) that no additional data are needed, or provides notice
7under s. 115.782 (4) (c) that no additional data are needed.
SB529-SSA1,9,98 (b) The 60-day period under par. (a) does not apply to a local educational agency
9if any of the following occur:
SB529-SSA1,9,1510 1. A child enrolls in a school served by that local educational agency after the
1160-day period has begun and before a determination by the child's previous local
12educational agency as to whether the child is a child with a disability, the subsequent
13local educational agency is making sufficient progress to ensure a prompt completion
14of the evaluation, and the child's parent and the subsequent local educational agency
15agree to a specific time when the evaluation will be completed.
SB529-SSA1,9,1716 2. The child's parent repeatedly fails or refuses to produce the child for the
17evaluation.
SB529-SSA1,9,2118 (c) The local educational agency shall conduct a meeting to develop an
19individualized education program under s. 115.787 and determine a placement
20under s. 115.79 within 30 days of a determination that a child is a child with a
21disability.
SB529-SSA1, s. 31 22Section 31. 115.78 (3) (d) of the statutes is amended to read:
SB529-SSA1,9,2523 115.78 (3) (d) Subject to pars. (a) to (c), if the parents of the child or the local
24educational agency staff determines at any point meeting during the process of the
25evaluation, development of the individualized education program or placement of

1the child that additional time is needed to permit meaningful parental participation,
2the local educational agency shall provide it. Upon request, the local educational
3agency shall provide a copy of the most recent evaluation report under s. 115.782 (3)
4(b) to the child's parents at any meeting of the individualized education program
5team.
SB529-SSA1, s. 32 6Section 32. 115.78 (4) of the statutes is repealed.
SB529-SSA1, s. 33 7Section 33. 115.78 (5) of the statutes is created to read:
SB529-SSA1,10,138 115.78 (5) Attendance at meetings. (a) A member of an individualized
9education program team is not required to attend a meeting of the individualized
10education program team, in whole or in part, if the parent of a child with a disability
11and the local educational agency agree that the attendance of the member is
12unnecessary because the member's area of the curriculum or related service is not
13being modified or discussed at the meeting.
SB529-SSA1,10,2114 (b) A member of an individualized education program team may be excused
15from attending a meeting of the individualized education program team, in whole or
16in part, when the meeting involves a modification to or discussion of the member's
17area of the curriculum or related services if the child's parent and the local
18educational agency consent and, before the meeting, the member submits to the
19child's parent and to the individualized education program team, in writing, the
20member's input into the development of the child's individualized education
21program.
SB529-SSA1,10,2322 (c) A parent's agreement under par. (a) and consent under par. (b) shall be in
23writing.
SB529-SSA1, s. 34 24Section 34. 115.782 (1) (intro.) of the statutes is created to read:
SB529-SSA1,10,2525 115.782 (1) (intro.) The local educational agency shall do all of the following:
SB529-SSA1, s. 35
1Section 35. 115.782 (1) (a) of the statutes is amended to read:
SB529-SSA1,11,52 115.782 (1) (a) The local educational agency shall notify Notify the parents of
3the child, in accordance with s. 115.792, of any evaluation procedures the agency
4proposes to conduct, the qualifications and the names of the individuals who will
5conduct the evaluation and their names, if known.
SB529-SSA1, s. 36 6Section 36. 115.782 (1) (b) of the statutes is amended to read:
SB529-SSA1,11,137 115.782 (1) (b) The local educational agency proposing to conduct Except as
8provided in par. (c), before conducting
an initial evaluation shall of a child, obtain
9informed consent from the child's parent before the evaluation is conducted.
10Parental consent for the evaluation does not constitute consent for placement for
11receipt of special education and related services. If the child's parents do not consent
12to the evaluation, the local educational agency may continue to pursue an evaluation
13by using the procedures under s. 115.797 or 115.80.
SB529-SSA1, s. 37 14Section 37. 115.782 (1) (c) of the statutes is created to read:
SB529-SSA1,11,1615 115.782 (1) (c) Before conducting an initial evaluation of a child who is a ward
16of the state, obtain informed consent in compliance with 20 USC 1414 (a) (1) (D) (iii).
SB529-SSA1, s. 38 17Section 38. 115.782 (2) (a) (intro.) of the statutes is amended to read:
SB529-SSA1,11,2218 115.782 (2) (a) (intro.) In conducting the evaluation, the individualized
19education program team shall not use any single procedure measure or assessment
20as the sole criterion for determining whether a child is a child with a disability or for
21determining an appropriate educational program for the child. The individualized
22education program team shall do all of the following:
SB529-SSA1, s. 39 23Section 39. 115.782 (2) (a) 1. of the statutes is amended to read:
SB529-SSA1,12,524 115.782 (2) (a) 1. Use a variety of assessment tools and strategies to gather
25relevant functional and, developmental , and academic information, including

1information provided by the child's parent, that may assist in determining whether
2the child is a child with a disability and the content of the child's individualized
3education program, including information related to enabling the child to be involved
4in and progress in the general curriculum or, for preschool children, to participate
5in appropriate activities.
SB529-SSA1, s. 40 6Section 40. 115.782 (2) (a) 3. a. of the statutes is amended to read:
SB529-SSA1,12,127 115.782 (2) (a) 3. a. That tests assessments and other evaluation materials
8used to assess a child under this section are selected and administered so as not to
9be racially or culturally discriminatory and are provided and administered in the
10child's native language or other mode of communication and form most likely to yield
11accurate information on what the child knows and can do academically,
12developmentally, and functionally
, unless it is clearly not feasible to do so.
SB529-SSA1, s. 41 13Section 41. 115.782 (2) (a) 3. b. of the statutes is amended to read:
SB529-SSA1,12,1914 115.782 (2) (a) 3. b. That any standardized tests that are assessments and other
15evaluation materials
given to the child have been validated for the specific purpose
16for which they
are used for the purposes for which they are valid and reliable, are
17administered by trained and knowledgeable personnel, and are administered in
18accordance with any instructions provided by the producer of such tests the
19assessments or evaluation materials
.
SB529-SSA1, s. 42 20Section 42. 115.782 (2) (b) 1. of the statutes is amended to read:
SB529-SSA1,12,2521 115.782 (2) (b) 1. Review existing evaluation data on the child, including
22evaluations and information provided by the child's parents,; previous interventions
23and the effects of those interventions,; current classroom-based, local, or state
24assessments and; classroom-based observations,; and observations by teachers and
25related services providers.
SB529-SSA1, s. 43
1Section 43. 115.782 (2) (b) 2. (intro.), a. and b. of the statutes are amended to
2read:
SB529-SSA1,13,53 115.782 (2) (b) 2. (intro.) On the basis of that review and information provided
4by the child's parents, identify the additional data, if any, that are needed, and the
5qualifications of the evaluators that are needed,
to determine all of the following:
SB529-SSA1,13,86 a. Whether the child has a particular category of disability and the educational
7needs of the child
or, in case of a reevaluation of a child, whether the child continues
8to have such a disability and such educational needs.
SB529-SSA1,13,109 b. The present levels of performance and educational academic achievement
10and related developmental
needs of the child.
SB529-SSA1, s. 44 11Section 44. 115.782 (2) (c) of the statutes is amended to read:
SB529-SSA1,13,1412 115.782 (2) (c) The local educational agency shall administer such tests
13assessments and other evaluation materials measures as may be needed to produce
14the data identified under par. (b) 2.
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