LRB-5210/1
PG:kmg:ks
1995 - 1996 LEGISLATURE
February 7, 1996 - Introduced by Representatives Olsen, Ott, Seratti, Goetsch,
Dobyns, Kelso, Ainsworth, Plombon, Ward, Schneiders, Albers, La Fave
and
Gunderson, cosponsored by Senators Jauch, Weeden, Grobschmidt, Schultz,
Clausing, Buettner
and Wineke. Referred to Committee on Education.
AB857,1,5 1An Act to repeal 115.81 (7); and to amend 115.80 (5) (b) 3., 115.81 (1), 115.81
2(3), 115.81 (4), 115.81 (4m), 115.81 (6), 115.81 (7m) and 115.81 (8) of the statutes;
3relating to: the method of resolving disputes concerning children with
4exceptional educational needs between school boards and the parents of those
5children.
Analysis by the Legislative Reference Bureau
Current law provides a two-tier system for resolving disputes concerning a
child with exceptional educational needs who is enrolled in the school district
between a school board and the parents of the child. The first tier is a hearing
conducted by a hearing officer appointed by the school board. The school board is
responsible for the cost of the hearing. Either party may appeal the decision of the
hearing officer to the department of public instruction (beginning January 1, 1996,
the department of education). The department must appoint an impartial reviewing
officer to conduct the appeal. Cost of the appeal are paid by the department. Either
party may appeal the decision of the reviewing officer to circuit court.
This bill eliminates the initial hearing conducted by a hearing officer appointed
by the school board. Instead, the bill provides that the school board or the parent of
the child may initiate the process by filing a written request for a hearing with the
department. The department must appoint a hearing officer who is not employed by
or under contract with a school board (or otherwise employed by the department) to
conduct the hearing. The school board must pay the cost of the hearing officer. Either
party may appeal the decision of the hearing officer to circuit court.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB857, s. 1 1Section 1. 115.80 (5) (b) 3. of the statutes is amended to read:
AB857,2,32 115.80 (5) (b) 3. This paragraph does not impair a parent's right to appeal a
3hearing
under s. 115.81 (1) (a).
AB857, s. 2 4Section 2. 115.81 (1) of the statutes is amended to read:
AB857,2,95 115.81 (1) (title) Right to appeal hearing. (a) A parent may file a written
6request a school board with the department for a hearing whenever the school board
7proposes or refuses to initiate or change his or her child's multidisciplinary team
8evaluation, individualized education program, educational placement or the
9provision of an appropriate special education program.
AB857,2,1310 (b) A school board may initiate file a written request with the department for
11a hearing to override a parent's refusal to grant consent or a parent's revocation of
12his or her consent for a multidisciplinary team evaluation or educational placement
13or to contest the payment of an independent evaluation.
AB857, s. 3 14Section 3. 115.81 (3) of the statutes is amended to read:
AB857,3,215 115.81 (3) (title) Status during appeal hearing and court proceeeding. The
16school board may not change the educational placement of a child with exceptional
17educational needs who is the subject of a hearing, appeal or court proceeding
18conducted under this subchapter during the pendency of the hearing , appeal or court
19proceeding unless the change is made with the written consent of the child's parent.
20If the health or safety of the child or of other persons would be endangered by
21delaying the change in assignment, the change may be made earlier, upon order of

1the school board, but without prejudice to any rights that the child or parent may
2have.
AB857, s. 4 3Section 4. 115.81 (4) of the statutes is amended to read:
AB857,3,144 115.81 (4) Rights at hearing. A parent shall have access to any reports,
5records, clinical evaluations or other materials upon which a decision relating to his
6or her child was wholly or partially based or which could reasonably have a bearing
7on the correctness of the decision. At any hearing held under this section, the parent
8may determine whether the hearing shall be public or private. The parties to a
9hearing may examine and cross-examine witnesses, introduce evidence, appear in
10person and be represented by an advocate. The school board hearing officer shall
11keep prepare a full record of the hearing, prepared by the hearing officer proceedings.
12A complete record of the proceedings shall be given to the parent, if requested. The
13hearing officer shall inform the parents of their right to a complete record of the
14proceedings.
AB857, s. 5 15Section 5. 115.81 (4m) of the statutes is amended to read:
AB857,3,1816 115.81 (4m) Hearing officers. The department shall maintain a listing of
17qualified hearing officers who are not otherwise employed by or under contract to
18with a school board to serve as hearing officers in hearings under this section.
AB857, s. 6 19Section 6. 115.81 (6) of the statutes is amended to read:
AB857,4,720 115.81 (6) Hearing and decision. Upon receipt of a written request for a
21hearing under sub. (1) (a) or the initiation of a hearing under sub. (1) (b), a school
22board
, the department shall appoint an impartial hearing officer who is not
23otherwise employed by the department from the list maintained under sub. (4m)
.
24The hearing officer shall conduct the hearing and shall issue a decision within 45
25days of the receipt of the request for the hearing under sub. (1) (a) or the initiation

1of the hearing under sub. (1) (b)
. The hearing officer may issue subpoenas, order an
2independent evaluation at school board expense and grant specific extensions of time
3for cause at the request of either party. If the hearing officer grants an extension of
4time, he or she shall include that extension and the reason for the extension in the
5record of the proceedings. The school board shall pay the cost of the hearing officer.

6Sections 227.44 to 227.50 do not apply to hearings conducted under this section
7subsection.
AB857, s. 7 8Section 7. 115.81 (7) of the statutes, as affected by 1995 Wisconsin Act 27, is
9repealed.
AB857, s. 8 10Section 8. 115.81 (7m) of the statutes is amended to read:
AB857,4,1611 115.81 (7m) (title) Appeal to governing body of Residents of state or county
12facility.
For a child who resides, and is receiving special education, only in a state
13or county residential facility, the child's parent shall appeal to the governing body of
14the facility in accordance with subs. (1) to (6), so far as applicable. The parent may
15appeal the governing body's decision under sub. (6) to the state superintendent
16under sub. (7)
shall be considered a school board for the purposes of this section.
AB857, s. 9 17Section 9. 115.81 (8) of the statutes, as affected by 1995 Wisconsin Act 27, is
18amended to read:
AB857,4,2119 115.81 (8) Appeal to court. Within 45 days after the decision of the reviewing
20hearing officer appointed by the secretary department under sub. (7) (6), either party
21may appeal the decision to the circuit court for the county in which the child resides.
AB857, s. 10 22Section 10. Initial applicability.
AB857,4,2423 (1) This act first applies to a request for a hearing filed with the department
24of education on the effective date of this subsection.
AB857, s. 11 25Section 11. Effective date.
AB857,5,2
1(1) This act takes effect on January 1, 1996, or on the day after publication,
2whichever is later.
AB857,5,33 (End)
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