AB674,55,8 3(8) Program evaluation. The division may require that mediators, and may
4request that parties, participate in the evaluation of the mediation program. The
5division shall ensure that mediators and parties may participate in evaluating the
6program without being required to identify themselves or the other mediation
7participants. The division may not disclose a party's or mediator's evaluation to any
8other mediation participant without the party's or mediator's consent.
AB674,55,12 9(9) Contract for services. The department may contract with a private,
10nonprofit agency to administer the mediation program under this section or for
11mediator training or other services, including outreach and promotion, related to the
12administration of the program.
AB674,55,18 13115.80 Due process hearings. (1) (a) 1. A parent, or the attorney
14representing the child, may file a written request with the division for a hearing
15whenever the local educational agency proposes or refuses to initiate or change his
16or her child's evaluation, individualized education program, educational placement
17or the provision of a free appropriate public education. The division shall develop a
18model form to assist parents in filing a request under this subdivision.
AB674,55,2419 2. The parent, or the attorney representing the child, shall include in the
20request under subd. 1. the name of the child, the address of the residence of the child,
21the name of the school the child is attending, a description of the nature of the
22problem of the child relating to the proposed or refused initiation or change,
23including facts relating to the problem, and a proposed resolution of the problem to
24the extent known and available to the parents at the time.
AB674,56,4
1(b) A local educational agency may file a written request with the division for
2a hearing to override a parent's refusal to grant consent for an initial evaluation, a
3reevaluation or an initial educational placement or to contest the payment of an
4independent educational evaluation.
AB674,56,65 (c) A parent, the attorney representing the child or a local educational agency
6may file a written request for a hearing as provided in 20 USC 1415 (k).
AB674,56,97 (d) Upon receiving a request for a hearing, the division shall give to the child's
8parents a copy of the procedural safeguards available to the parents under s. 115.792
9and under federal regulations.
AB674,56,14 10(2) The division shall maintain a list of qualified hearing officers who are not
11employed by or under contract with the department or the local educational agency,
12other than being appointed under this subsection, to serve as hearing officers in
13hearings under this section. Upon receipt of a written request for a hearing under
14sub. (1), the division shall appoint a hearing officer from the list.
AB674,56,21 15(3) Any party to a hearing conducted under this section may be accompanied
16and advised by counsel and by individuals with special knowledge or training with
17respect to the problems of children with disabilities and may present evidence and
18confront, cross-examine and compel the attendance of witnesses. A party shall be
19provided with written or, at the option of the child's parents, electronic findings of
20facts and decisions, and, upon request, a written or, at the option of the child's
21parents, an electronic, verbatim record of the hearing.
AB674,57,3 22(4) At least 5 business days before a hearing is conducted under this section,
23other than an expedited hearing under 20 USC 1415 (k), each party shall disclose to
24all other parties all evaluations completed by that date and recommendations based
25on the offering party's evaluations that the party intends to use at the hearing. The

1hearing officer may bar any party that fails to comply with this subsection from
2introducing the relevant evaluation or recommendation at the hearing without the
3consent of the other party.
AB674,57,16 4(5) A hearing officer may administer oaths and affirmations, issue subpoenas
5and enforce subpoenas under ss. 885.01 (4) and 885.12, regulate the course of the
6hearing and hold conferences for the settlement or simplification of the issues. The
7hearing officer is not bound by common law or statutory rules of evidence. The
8hearing officer shall admit all testimony having reasonable probative value, but
9shall exclude immaterial, irrelevant or unduly repetitious testimony. The hearing
10officer shall give effect to the rules of privilege recognized by law. A hearing officer
11has the authority to issue an order consistent with this subchapter and 20 USC 1415
12(k) and to order whatever remedy is reasonably necessary to bring the parties into
13compliance with this subchapter. The hearing officer's decision shall consist of
14findings of fact and conclusions of law and shall be based upon a preponderance of
15the evidence. The findings of fact shall be based solely upon the evidence received
16at the hearing.
AB674,57,23 17(6) The hearing officer shall issue a decision within 45 days after the receipt
18of the request for the hearing under sub. (1). The hearing officer may order an
19independent educational evaluation of the child at local educational agency expense
20and grant specific extensions of time for cause at the request of either party. If the
21hearing officer grants an extension of time, he or she shall include that extension and
22the reason for the extension in the record of the proceedings. The local educational
23agency shall pay the cost of the hearing.
AB674,58,6 24(7) Any party aggrieved by the decision of the hearing officer may bring a civil
25action in the circuit court for the county in which the child resides or in a U.S. district

1court. An action filed in circuit court shall be commenced within 45 days after service
2of the decision of the hearing officer. In any action brought under this subsection,
3the court shall receive the records of the administrative proceedings, shall hear
4additional evidence at the request of a party and, basing its decision on the
5preponderance of the evidence, shall grant such relief as the court determines is
6appropriate. Sections 227.52 to 227.58 do not apply to actions under this subsection.
AB674,58,14 7(8) Except as provided in 20 USC 1415 (k), during the pendency of any
8proceedings under this section, the local educational agency may not change the
9educational placement of a child unless the child's parents agree to the change. If
10the child is applying for initial admission to a public school, the child shall, with the
11consent of the child's parents, be placed in the public school program until all
12proceedings under this section have been completed. In this subsection, "local
13educational agency" includes the nonresident school district that a child is attending
14under s. 118.51.
AB674,58,17 15(9) (a) Subject to par. (b), a circuit court may award reasonable attorney fees
16and actual costs to the parents of a child with a disability who is the prevailing party
17in any action or proceeding brought in circuit court under this section.
AB674,58,1918 (b) 1. Fees and costs may not be awarded under par. (a) for services performed
19after a written offer of settlement to a parent if all of the following apply:
AB674,58,2120 a. The offer is made within the time prescribed by s. 807.01 for actions in circuit
21court and at least 11 days before the hearing begins for administrative hearings.
AB674,58,2222 b. The offer is not accepted within 10 days.
AB674,58,2423 c. The court or hearing officer finds that the relief granted to the parents is not
24more favorable to the parents than the offer of settlement.
AB674,59,4
12. Fees and costs may not be awarded under par. (a) if they relate to any meeting
2of the individualized education program team unless the meeting is convened as a
3result of an administrative hearing or judicial action, or for mediation under s.
4115.797 that is conducted before filing a request for a hearing under sub. (1).
AB674,59,75 (c) Notwithstanding par. (b), fees and costs may be awarded under par. (a) to
6a parent who is the prevailing party and whose rejection of a settlement offer was
7substantially justified.
AB674,59,98 (d) 1. Except as provided in subd. 2., whenever the court finds any of the
9following it shall reduce the amount of the fees awarded under par. (a):
AB674,59,1110 a. During the course of the action, the parent unreasonably protracted the final
11resolution of the controversy.
AB674,59,1312 b. The attorney representing the parent did not provide to the division the
13information specified in sub. (1) (a) 2.
AB674,59,1614 2. A court may not reduce the amount of the fees awarded under par. (a) if it
15finds that the state or a local educational agency unreasonably protracted the final
16resolution of the controversy or violated this subchapter.
AB674,59,18 17(10) Sections 227.44 to 227.50 do not apply to hearings conducted under this
18section.
AB674,59,21 19115.807 Transfer of parental rights at age of majority. When a child with
20a disability, other than a child with a disability who has been determined to be
21incompetent under ch. 880, reaches the age of 18, all of the following apply:
AB674,59,23 22(1) The local educational agency shall provide any notice required by this
23subchapter to both the individual and the individual's parents.
AB674,59,25 24(2) All other rights accorded to the individual's parents under this subchapter
25transfer to the individual.
AB674,60,2
1(3) The local educational agency shall notify the individual and the individual's
2parents of the transfer of rights.
AB674,60,4 3115.81 Children in child caring institutions. (1) Definitions. In this
4section:
AB674,60,65 (a) "County department" means a county department under s. 46.215, 46.22 or
646.23.
AB674,60,97 (b) "Originating local educational agency" means the local educational agency
8that was responsible for providing a free, appropriate public education to the child
9before the placement of the child in a child caring institution.
AB674,60,12 10(2) Establishment of program. Subject to the approval of the division, a child
11caring institution may establish and maintain special education and related services
12for children with disabilities.
AB674,60,16 13(3) Referral. (a) Whenever a county department recommends to a court that
14a child be placed in a child caring institution or whenever a state agency anticipates
15placing a child in a child caring institution, the county department or state agency
16shall notify the originating local educational agency.
AB674,60,1817 (b) For each child identified in a notice under par. (a), the originating local
18educational agency shall do all of the following:
AB674,60,2219 1. If the child is a child with a disability, as soon as reasonably possible and after
20consulting with a county department or a state agency, as appropriate, appoint an
21individualized education program team to review and revise, if necessary, the child's
22individualized education program and develop an educational placement offer.
AB674,60,2323 2. If the child has not been identified as a child with a disability:
AB674,61,3
1a. Appoint staff to review the child's education records and develop a status
2report for the child and send a copy of the report to the county department or state
3agency, as appropriate, within 30 days after receiving the notice under par. (a).
AB674,61,134 b. If the originating local educational agency has reasonable cause to believe
5that the child is a child with a disability, appoint an individualized education
6program team to conduct an evaluation of the child under s. 115.782. The originating
7local educational agency may include appropriately licensed staff of the child caring
8institution in the team if that staff is available. The individualized education
9program team shall conduct the evaluation. If the individualized education program
10team determines that the child is a child with a disability, the individualized
11education program team, in consultation with a county department or a state agency,
12as appropriate, shall develop an individualized education program and an
13educational placement offer.
AB674,61,16 14(4) Responsibility for educational placement. Whenever the originating local
15educational agency offers an educational placement in a child caring institution
16under sub. (3) (b) 1. or 2. b., all of the following apply:
AB674,61,1717 (a) The originating local educational agency shall do all of the following:
AB674,61,1818 1. Ensure that the child receives a free appropriate public education.
AB674,61,2019 2. Ensure that the child's treatment and security needs are considered when
20determining the least restrictive environment for the child.
AB674,61,2321 3. While the child resides at a child caring institution, appoint an
22individualized education program team to conduct reevaluations of the child in the
23manner provided under s. 115.782 (4).
AB674,62,324 4. While the child resides at a child caring institution, after consulting with the
25child caring institution and a county department or a state agency, as appropriate,

1refer the child to another local educational agency if the originating local educational
2agency determines that the child's special education needs may be appropriately
3served in a less restrictive setting in the other local educational agency.
AB674,62,64 5. If the child is leaving the child caring institution, assign staff or an
5individualized education program team to develop a reintegration plan for the child
6in cooperation with a county department and staff of the child caring institution.
AB674,62,87 (b) The county department or state agency, as appropriate, shall do all of the
8following:
AB674,62,109 1. Consider the child's educational needs when selecting a child caring
10institution for the child.
AB674,62,1411 2. In cooperation with the originating local educational agency and staff of the
12child caring institution, participate in the individualized education program team
13evaluation of the child and the development of the individualized education program
14for the child.
AB674,62,1715 3. Notify the local educational agency that will be responsible for providing a
16free, appropriate public education to the child whenever the county department or
17state agency anticipates removing the child from the child caring institution.
AB674,62,2018 4. In cooperation with the originating local educational agency and staff of the
19child caring institution, develop a reintegration plan for the child if the child is
20leaving the child caring institution.
AB674,62,2221 5. Pay all of the child caring institution related costs of educating the child
22while the child resides in the child caring institution.
AB674,63,723 (c) Whenever a local educational agency receives a referral under par. (a) 4., the
24local educational agency shall assign staff to determine whether the child can
25appropriately receive special education and related services provided in the local

1educational agency. If the assigned staff determine that the child can appropriately
2receive special education and related services in the local educational agency, the
3local educational agency shall provide such services for the child and is eligible for
4state tuition payments under s. 121.79 (1) (a). If the assigned staff determine that
5the child cannot appropriately receive special education and related services in the
6local educational agency, the local educational agency shall keep a written record of
7the reasons for that determination.
AB674,63,9 8115.812 Placement disputes; school board referrals; interagency
9cooperation.
AB674,63,16 10(1) Placement disputes. If a dispute arises between a local educational agency
11and the department of health and family services, the department of corrections or
12a county department under s. 46.215, 46.22 or 46.23, or between local educational
13agencies under s. 115.81 (4) (c), over the placement of a child, the state
14superintendent shall resolve the dispute. This subsection applies only to placements
15in nonresidential educational programs made under s. 48.57 (1) (c) and to placements
16in child caring institutions made under s. 115.81.
AB674,63,23 17(2) School board referrals. Annually on or before August 15, each local
18educational agency shall report to the appropriate county departments under ss.
1951.42 and 51.437 the names of children who reside in the local educational agency,
20are at least 16 years of age, are not expected to be enrolled in an educational program
212 years from the date of the report and may require services described under s. 51.42
22or 51.437 (1). This subsection does not affect a local educational agency's
23responsibility to make services available to children with disabilities.
AB674,64,4 24(3) Interagency cooperation. (a) A school board, cooperative educational
25service agency and county children with disabilities education board may enter into

1an agreement with a county administrative agency, as defined in s. HFS 90.03 (10),
2Wis. adm. code, to allow the employes of the school board, agency or county children
3with disabilities education board to participate in the performance of evaluations
4and the development of individualized family service plans under s. 51.44.
AB674,64,65 (b) 1. In this paragraph, "public agency" has the meaning given in s. 166.20 (1)
6(i), except that it excludes a local educational agency.
AB674,64,147 2. If a public agency that is required by federal or state law or by an interagency
8agreement to provide or pay for the location, identification or evaluation of a child
9with a disability, including a child with a disability who is not yet 3 years of age, or
10for assistive technology devices or services, supplementary aids or services,
11transition services or special education or related services for a child with a
12disability, and fails to do so, the local educational agency shall provide or pay for the
13services. The public agency shall reimburse the local educational agency for the cost
14of providing the services.
AB674,64,16 15115.817 Children with disabilities education board. (1) Definitions. In
16this section "board" means the county children with disabilities education board.
AB674,64,19 17(2) Establishment. (a) A county board of supervisors may determine to
18establish a special education program, including the provision of related services for
19children with disabilities, for school districts in the county.
AB674,64,2120 (b) The program may provide for one or more special schools, classes, treatment
21or instruction centers for children with one or more types of disabilities.
AB674,64,2322 (c) A school district shall be included under the county program only to the
23extent approved by formal action of the school board.
AB674,65,9 24(3) Organization. (a) The board shall consist of 3 or more persons, as
25determined by the county board of supervisors, elected by the county board or

1appointed by the chairperson of the county board, as the rules of the county board
2direct. Board members shall be electors selected from that part of the county
3participating in the program and shall be representative of the area the board serves.
4The board may include school board members, members of the county board of
5supervisors and other electors. Board members shall hold office for a term of 3 years,
6except that the terms of office of members of the first board shall be 3 years, 2 years
7and one year. Board members shall receive compensation and reimbursement for
8mileage in an amount fixed by the county board of supervisors, but not more than
9that of county board members.
AB674,65,1210 (b) The board annually shall select one member as chairperson and one as
11secretary. The county treasurer shall serve as board treasurer but shall not be a
12member of the board.
AB674,65,1413 (c) The board shall appoint an advisory committee whose membership includes
14school district administrators representative of the area the board serves.
AB674,65,19 15(4) Application. Upon authorization of the county board, the board shall apply
16to the division for the establishment of a program or part of a program to provide
17special education and related services. The application shall state whether the
18program or part will be available in the county at large or only to certain school
19districts.
AB674,66,2 20(5) Board duties. (a) The board shall have charge of all matters pertaining to
21the organization, equipment, operation and maintenance of such programs and may
22do all things necessary to perform its functions, including the authority to erect
23buildings subject to county board approval and employ teachers and other personnel.
24The board shall prepare an annual budget, which shall be subject to approval of the
25county board under s. 65.90 unless a resolution is adopted under sub. (9) (c), and shall

1include funds for the hiring of staff, the purchase of materials, supplies and
2equipment and the operation and maintenance of buildings or classrooms.
AB674,66,53 (b) 1. At the close of each fiscal year, the board shall employ a licensed
4accountant to audit its accounts and certify the audit. The cost of the audit shall be
5paid from board funds.
AB674,66,76 3. The department shall establish by rule a standard contract and minimum
7standards for audits performed under this paragraph.
AB674,66,128 (c) If the county board of supervisors establishes an integrated service program
9for children with severe disabilities under s. 59.53 (7), the county children with
10disabilities education board shall participate in an integrated service program for
11children with severe disabilities under s. 59.53 (7), and may enter into written
12interagency agreements or contracts under the program.
AB674,66,2113 (d) Annually by October 1, the board and the school boards of the school
14districts participating in the county program shall submit a report to the state
15superintendent that specifies the portion of each school day that each pupil enrolled
16in the county program who is also enrolled in the school district of the pupil's
17residence spent in county program classes in the previous school year and the portion
18of the school day that the pupil spent in school district classes in the previous school
19year. The state superintendent shall develop guidelines for a full-time equivalency
20methodology. The state superintendent is not required to promulgate the guidelines
21as rules.
AB674,66,23 22(6) Assignment of functions. (a) The board may not assign by resolution or
23by contract the full administrative or instructional services of the board.
AB674,67,224 (b) The ability of the board to contract with the board of control of a cooperative
25educational service agency, a school board or other public agency in the county for

1a portion of administrative or instructional services is not prohibited by par. (a). The
2board shall be responsible for all programs contracted under this paragraph.
AB674,67,14 3(7) Withdrawal and dissolution. (a) The school board of any school district
4that is included under the administration of a board may withdraw from
5participation in any part of the program only with the approval of the state
6superintendent after conference with the board and a determination by the state
7superintendent that such withdrawal is in the interest of the program in the county
8and the school district affected. Such withdrawal shall be effective only if the school
9board has the approval of the division to establish an equivalent part of a program.
10Such withdrawal shall be effective either December 31 or June 30 provided that 12
11months' notice has been given to the board. The withdrawing school district shall
12be liable for its proportionate share of all operating costs until its withdrawal
13becomes effective, shall continue to be liable for its share of debt incurred while it was
14a participant and shall receive no share in the assets.
AB674,67,1915 (b) A program established under this section may be dissolved by action of the
16county board, but such dissolution shall not take place until the end of the school
17term in which the action was taken. When a program is dissolved, assets and
18liabilities shall be distributed under s. 66.03 to all units which participated in the
19program.
AB674,68,3 20(8) Transportation. The board may promulgate a plan for the transportation
21at county expense of children who are receiving special education and related
22services under this section, special education and related services provided at day
23care centers or special education and related services provided by a private
24organization within whose attendance area the child resides and which is situated
25not more than 5 miles beyond the boundaries of the area the board serves, as

1measured along the usually traveled route. The plan, upon approval of the state
2superintendent, shall govern the transportation of such children. Any such plan for
3transportation during the school term supersedes ss. 115.88 and 121.54 (3).
AB674,68,6 4(9) Area taxed. (a) The tax for the operation and maintenance of each part of
5a special education program and for the transportation of children under sub. (8)
6shall be levied against the area of the county participating in the part of the program.
AB674,68,107 (b) Beginning July 1, 1981, no board, except a board that has constructed or
8acquired building facilities, may continue to operate under this section if the area
9taxed under par. (a) constitutes less than 50% of the full value of taxable property
10within the county.
AB674,68,1911 (c) Upon the adoption of a resolution by a majority of the school boards that are
12located in whole or in part in the county and are participating in the county program
13under sub. (2) (c), this subsection shall not apply commencing on the effective date
14of the resolution. A resolution adopted under this paragraph between January 1 and
15June 30 in any year shall be effective on January 1 of the year commencing after its
16adoption. A resolution adopted under this paragraph between July 1 and December
1731 in any year shall be effective on January 1 of the 2nd year commencing after its
18adoption. In the year in which the resolution is effective, the county budget under
19s. 59.60 or 65.90 shall include a line item for the special education program.
AB674,68,22 20(10) State aids. (a) The board may apply for and receive the state aid under
21ss. 115.88 and 121.41 (1) for the transportation, board and lodging, treatment and
22instruction of children participating in programs under this section.
AB674,68,2523 (b) The board may apply for and receive the state aid under ss. 121.135 and
24121.14. This paragraph does not apply beginning on the effective date of a resolution
25adopted under sub. (9) (c).
AB674,69,2
1(c) All state aid shall be paid to the county treasurer and credited to the fund
2of the board.
AB674,69,4 3(11) Violations. The state superintendent shall withhold aid from any board
4that violates this section.
AB674,69,11 5115.82 Admission and transportation of nonresidents. (1) A cooperative
6educational service agency, county children with disabilities education board or
7school district that provides special education and related services shall admit a
8nonresident if the program is appropriate for the child's disability. Refusal to admit
9a child does not relieve the local educational agency that is responsible for providing
10a free, appropriate public education to the child under this subchapter from that
11responsibility.
AB674,69,14 12(2) In addition to the requirements of s. 121.54 (3), when board and lodging are
13not furnished to a nonresident child with a disability, the school district in which the
14child resides shall provide transportation, except as follows:
AB674,69,1615 (a) If there is a plan of transportation under s. 115.817 (8), the county children
16with disabilities education board shall provide transportation.
AB674,69,1817 (b) If the child is attending a public school in a nonresident school district under
18s. 118.51, the nonresident school district shall provide transportation.
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