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.
SB529-SSA1, s. 45 15Section 45. 115.782 (2) (d) of the statutes is renumbered 115.78 (1m) (h) and
16amended to read:
SB529-SSA1,13,2217 115.78 (1m) (h) If a the child is attending a public school in a nonresident
18school district under s. 118.51 or 121.84 (1) (a) or (4), when the individualized
19education program team conducts its initial evaluation of the child or any
20reevaluation of the child under sub. (4), the team shall include
at least one person
21designated by the school board of the child's school district of residence who has
22knowledge or special expertise about the child.
SB529-SSA1, s. 46 23Section 46. 115.782 (2) (e) of the statutes is repealed.
SB529-SSA1, s. 47 24Section 47. 115.782 (2) (f) of the statutes is created to read:
SB529-SSA1,14,5
1115.782 (2) (f) The local educational agency shall ensure that the evaluation
2of a child with a disability who transfers from one school district to another in the
3same school year is coordinated with the child's prior and subsequent schools as
4necessary and as expeditiously as possible to ensure prompt completion of the
5evaluation.
SB529-SSA1, s. 48 6Section 48. 115.782 (3) (a) of the statutes is amended to read:
SB529-SSA1,14,157 115.782 (3) (a) Upon the completion of the administration of tests assessments
8and other evaluation materials measures, the individualized education program
9team shall determine whether the child is a child with a disability . The
10individualized education program team
and the educational needs of the child. The
11team
may not determine that a child is a child with a disability solely because the
12child has received insufficient
if the determinant factor for the determination is lack
13of appropriate
instruction in reading, including in the essential components of
14reading instruction, as defined in 20 USC 6368 (3),
or lack of instruction in math, or
15because the child has limited proficiency in English.
SB529-SSA1, s. 49 16Section 49. 115.782 (3) (b) of the statutes is amended to read:
SB529-SSA1,15,617 115.782 (3) (b) If the The individualized education program team determines
18that a child is a child with a disability, the team
shall prepare an evaluation report
19that includes documentation of determination of eligibility. The local educational
20agency shall ask each individualized education program team participant if he or she
21wants a copy of the evaluation report or additional time before the individualized
22education program team develops the child's individualized education program. If
23any individualized education program team participant requests a copy of the
24evaluation report at any point in the process of developing the child's individualized
25education program or considering the child's educational placement, the local

1educational agency shall give a copy of the report to each individualized education
2program team participant before continuing with the process. If no individualized
3education program team participant requests a copy of the evaluation report, the
for
4special education. The
local educational agency shall give a copy of the evaluation
5report, including the documentation of eligibility,
to the child's parents with the
6notice of placement under s. 115.792 (2)
.
SB529-SSA1, s. 50 7Section 50. 115.782 (3) (c) of the statutes is repealed.
SB529-SSA1, s. 51 8Section 51. 115.782 (4) (a) 1. and 2. of the statutes are amended to read:
SB529-SSA1,15,179 115.782 (4) (a) 1. Evaluates a child with a disability in accordance with this
10section before determining that the child is no longer a child with a disability, except
11that an evaluation is not required before the termination of a child's eligibility for
12special education and related services because he or she graduated from secondary
13school with a regular diploma or because he or she reached the age of 21. In those
14circumstances, the local educational agency shall provide the child with a summary
15of the child's academic achievement and functional performance, including
16recommendations on how to assist the child in meeting his or her postsecondary
17goals
.
SB529-SSA1,15,2518 2. Reevaluates a child with a disability in accordance with this section if the
19local educational agency determines that conditions the educational or related
20services needs of the child, including the child's academic performance,
warrant a
21reevaluation or if the child's parent or teacher requests a reevaluation , but at least
22once every 3 years.
. The individualized education program team shall reevaluate a
23child no more frequently than once a year unless the child's parent and the local
24educational agency agree otherwise, and at least once every 3 years unless the child's
25parent and the local educational agency agree that a reevaluation is unnecessary
.
SB529-SSA1, s. 52
1Section 52. 115.782 (4) (c) of the statutes is amended to read:
SB529-SSA1,16,102 115.782 (4) (c) If the individualized education program team and other
3qualified professionals, as determined by the local educational agency, find under
4sub. (2) (b) 2. that no additional data are needed to determine whether the child
5continues to be a child with a disability or to determine the child's educational needs,
6the local educational agency shall notify the child's parents of that finding and the
7reasons for it and the right of the child's parents to request an assessment to
8determine whether the child continues to be a child with a disability and to
9determine the child's educational needs
. The local educational agency is not required
10to conduct such an assessment unless the child's parents request it.
SB529-SSA1, s. 53 11Section 53. 115.787 (2) (a) of the statutes is amended to read:
SB529-SSA1,16,1612 115.787 (2) (a) A statement of the child's present level of educational academic
13achievement and functional
performance, including how the child's disability affects
14the child's involvement and progress in the general curriculum or, for a preschool
15child, as appropriate, how the disability affects the child's participation in
16appropriate activities.
SB529-SSA1, s. 54 17Section 54. 115.787 (2) (b) of the statutes is amended to read:
SB529-SSA1,16,2318 115.787 (2) (b) A statement of measurable annual goals for the child, including
19benchmarks or short-term objectives, related to meeting academic and functional
20goals, designed to meet
the child's needs that result from the child's disability to
21enable the child to be involved in and make progress in the general curriculum, and
22to meeting meet each of the child's other educational needs that result from the
23child's disability.
SB529-SSA1, s. 55 24Section 55. 115.787 (2) (bm) of the statutes is created to read:
SB529-SSA1,17,3
1115.787 (2) (bm) For a child with a disability who takes alternate assessments
2aligned with alternate achievement standards, a description of benchmarks or
3short-term objectives.
SB529-SSA1, s. 56 4Section 56. 115.787 (2) (c) (intro.) of the statutes is amended to read:
SB529-SSA1,17,95 115.787 (2) (c) (intro.) A statement of the special education and related services
6and supplementary aids and services, based on peer-reviewed research to the extent
7practicable,
to be provided to the child, or on behalf of the child, and a statement of
8the program modifications or supports for school personnel that will be provided for
9the child to do all of the following:
SB529-SSA1, s. 57 10Section 57. 115.787 (2) (c) 1. of the statutes is amended to read:
SB529-SSA1,17,1111 115.787 (2) (c) 1. Advance appropriately toward attaining the annual goals.
SB529-SSA1, s. 58 12Section 58. 115.787 (2) (c) 2. of the statutes is amended to read:
SB529-SSA1,17,1513 115.787 (2) (c) 2. Be involved and make progress in the general curriculum in
14accordance with par. (a) and participate in extracurricular and other nonacademic
15activities.
SB529-SSA1, s. 59 16Section 59. 115.787 (2) (e) of the statutes is amended to read:
SB529-SSA1,17,2117 115.787 (2) (e) 1. A statement of any individual modifications in the
18administration of any
appropriate accommodations that are necessary to measure
19the academic achievement and functional performance of the child on
statewide or
20local educational agency-wide assessment of pupil achievement that are needed for
21the child to participate in the assessment
assessments.
SB529-SSA1,18,322 2. If the individualized education program team determines that a child will
23not participate in take an alternate assessment on a particular statewide or local
24educational agency-wide assessment of pupil achievement, or part of such an
25assessment,
a statement of why that assessment is not the child cannot participate

1in the regular assessment and why the particular alternate assessment selected is

2appropriate for the child and how the child will be assessed through alternative
3means
.
SB529-SSA1, s. 60 4Section 60. 115.787 (2) (g) 1. and 2. of the statutes are repealed and recreated
5to read:
SB529-SSA1,18,106 115.787 (2) (g) 1. Beginning not later than in the first individualized education
7program that will be in effect when the child is 14, and updated annually thereafter,
8a statement of appropriate, measurable postsecondary goals for the child based on
9age-appropriate transition assessments related to training, education, employment
10and, where appropriate, independent living skills.
SB529-SSA1,18,1411 2. Beginning not later than in the first individualized education program that
12will be in effect when the child is 14, and updated annually thereafter, a description
13of the transition services, including courses of study, needed to assist the child in
14reaching the goals under subd. 1.
SB529-SSA1, s. 61 15Section 61. 115.787 (2) (g) 3. of the statutes is amended to read:
SB529-SSA1,18,2016 115.787 (2) (g) 3. Beginning at least one year before the child attains the age
17of 18, and annually thereafter until the child is no longer eligible for special
18education and related services
, a statement that the child has been informed of the
19parental child's rights that will transfer to the child on reaching the age of 18 under
20s. 115.807.
SB529-SSA1, s. 62 21Section 62. 115.787 (2) (h) 1. of the statutes is amended to read:
SB529-SSA1,18,2322 115.787 (2) (h) 1. How the child's progress toward attaining the annual goals
23described in par. (b) will be measured.
SB529-SSA1, s. 63 24Section 63. 115.787 (2) (h) 2. of the statutes is repealed and recreated to read:
SB529-SSA1,19,3
1115.787 (2) (h) 2. When periodic reports, such as quarterly reports or other
2periodic reports issued concurrently with report cards, on the child's progress toward
3attaining the annual goals described in par. (b) will be provided to the child's parents.
SB529-SSA1, s. 64 4Section 64. 115.787 (3) (a) of the statutes is amended to read:
SB529-SSA1,19,95 115.787 (3) (a) In developing each child's individualized education program,
6the individualized education program team shall consider the strengths of the child,
7the concerns of the child's parents for enhancing the education of their child and, the
8results of the initial evaluation or most recent reevaluation of the child, and the
9academic, developmental, and functional needs of the child
.
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