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2005 - 2006 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2005 SENATE BILL 529
February 14, 2006 - Offered by
Committee on Education.
SB529-SSA1,2,12
1An Act to repeal 115.77 (4) (a) to (k), 115.77 (7), 115.78 (4), 115.782 (2) (e),
2115.782 (3) (c), 115.787 (3) (d) and 115.792 (2) (i);
to renumber 115.79 (intro.),
3115.791 (3) (intro.), 115.791 (3) (a), 115.791 (3) (c) and 115.791 (3) (d);
to
4renumber and amend 115.77 (4) (n), 115.782 (2) (d), 115.791 (3) (b) and 115.80
5(5);
to amend 115.758, 115.76 (1), 115.76 (3), 115.76 (5) (a) 5., 115.76 (14),
6115.76 (17), 115.762 (3) (c), 115.762 (3) (g), 115.762 (3) (j), 115.77 (1m) (intro.),
7115.77 (1m) (b), 115.77 (1m) (bg), 115.77 (1m) (e), 115.77 (1m) (f), 115.77 (4)
8(intro.), 115.77 (8), 115.775, 115.78 (1m) (c), 115.78 (1m) (d), 115.78 (3) (d),
9115.782 (1) (a), 115.782 (1) (b), 115.782 (2) (a) (intro.), 115.782 (2) (a) 1., 115.782
10(2) (a) 3. a., 115.782 (2) (a) 3. b., 115.782 (2) (b) 1., 115.782 (2) (b) 2. (intro.), a.
11and b., 115.782 (2) (c), 115.782 (3) (a), 115.782 (3) (b), 115.782 (4) (a) 1. and 2.,
12115.782 (4) (c), 115.787 (2) (a), 115.787 (2) (b), 115.787 (2) (c) (intro.), 115.787 (2)
13(c) 1., 115.787 (2) (c) 2., 115.787 (2) (e), 115.787 (2) (g) 3., 115.787 (2) (h) 1.,
1115.787 (3) (a), 115.787 (3) (b) 1., 115.787 (3) (b) 4., 115.787 (3) (c), 115.787 (5),
2115.787 (6) (b), 115.787 (7), 115.792 (1) (a) 2., 115.792 (2) (d), 115.792 (2) (e),
3115.792 (2) (g), 115.792 (3) (b) (intro.), 115.792 (3) (b) 5., 115.792 (3) (b) 11.,
4115.797 (1) (a), 115.797 (6), 115.80 (1) (a) 1., 115.80 (1) (b), 115.80 (1) (d), 115.80
5(2), 115.80 (4), 115.80 (6), 115.81 (title), 115.812 (1), 118.51 (12) (a) and 118.51
6(12) (b) 2.;
to repeal and recreate 115.762 (3) (e), 115.762 (3) (h), 115.762 (3)
7(i), 115.78 (3) (a) to (c), 115.787 (2) (g) 1. and 2., 115.787 (2) (h) 2. and 115.80 (9);
8and
to create 115.77 (4) (p), 115.77 (4) (q), 115.77 (4) (r), 115.777 (3) (e), 115.78
9(5), 115.782 (1) (intro.), 115.782 (1) (c), 115.782 (2) (f), 115.787 (2) (bm), 115.787
10(4) (c), 115.79 (2), 115.791 (3) (b) (intro.) and 2., 115.80 (1) (e), 115.80 (1) (f),
11115.80 (1) (g), 115.80 (2m) and 115.80 (5) (c) of the statutes;
relating to: special
12education programs for children with disabilities.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB529-SSA1,2,16
14115.758 Construction. To the extent possible, this subchapter shall be
15construed in a manner that is consistent with
20 USC 1400 to
1487 1482 and is
16consistent with the purposes specified in 20 USC 1400 (d).
SB529-SSA1,2,2118
115.76
(1) "Assistive technology device" means any item, piece of equipment
19or product system that is used to increase, maintain or improve the functional
20capabilities of a child with a disability
other than a medical device that is surgically
21implanted or the replacement of such a device.
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-SSA1,3,2210
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-SSA1,3,2524
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-SSA1,5,723
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-SSA1,5,1712
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-SSA1,5,2419
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-SSA1,6,7
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-SSA1,6,109
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. 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-SSA1,7,3
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-SSA1,7,75
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-SSA1,7,119
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-SSA1,7,2214
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-SSA1,8,2
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-SSA1,8,139
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-SSA1,8,1815
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-SSA1,8,2420
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-SSA1,9,2523
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-SSA1,10,138
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-SSA1,11,52
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.
