SB529: Bill Text

8. The bill allows members of an IEP team to be excused from all or part of an IEP team meeting under certain circumstances.

9. Current law requires the LEA to notify a child's parents of the qualifications of the individuals who will evaluate their child. This bill eliminates this requirement.

10. The bill requires the LEA to prepare an evaluation report once the team of qualified individuals determines whether the child has a disability.

11. Current law requires that a child be reevaluated if the LEA determines that conditions warrant a reevaluation or if the child's parent or teacher requests a reevaluation. This bill limits reevaluations to no more than once a year and specifies that a reevaluation is not required before graduation or before terminating eligibility for special education because the child reached the age of 21.

12. Under current law, an IEP must include benchmarks or short-term objectives. This bill requires benchmarks or short-term objectives only if the child takes an alternate assessment aligned with alternate achievement standards. If an IEP team determines that a child will take an alternate assessment, the IEP must include a statement of why the child cannot participate in the regular assessment.

13. Under current law, beginning when a child is 14, and annually thereafter until the child is no longer eligible for special education, the IEP must include a statement identifying the courses of study needed to prepare the child for a successful transition to his or her postsecondary school goals. This bill eliminates this requirement. Under the bill, beginning when a child is 16, the IEP must include a statement of measurable postsecondary goals relating to training, education, employment, and independent living skills.

14. Current law requires a meeting of the IEP team to make changes to a child's IEP. This bill allows the LEA and parent to agree to changes without convening the IEP team.

15. Under current law, in certain circumstances an LEA is required to reimburse the parents of a child for the cost of enrolling the child in a private school. Reimbursement may be reduced or denied if the parents did not notify the LEA of their concerns, their rejection of the LEA's placement, and their intent to enroll their child in a private school. This bill allows a court or hearing officer not to reduce or deny reimbursement for failure to provide such notice if compliance with the notice requirement would result in serious harm to the child.

16. Under this bill, when the parents of a child and an LEA use mediation to resolve a dispute, their written agreement must state that all discussions that occurred during mediation are confidential.

17. Current law requires a parent or LEA who wishes to request an administrative hearing in order to resolve a dispute to file the request with DPI. This bill requires the request to be filed with the other party, and a copy of the request to be filed with DPI.

18. This bill provides that a hearing may not occur until the party requesting the hearing files a hearing request that meets the requirements under current law. The bill also requires the party receiving a request to send to the other party a written response addressing the issues raised in the request. A party filing a request may amend its request only if the other party consents or the hearing officer grants permission.

19. The bill provides additional qualifications for hearing officers, including not having a personal or professional interest that conflicts with the person's objectivity.

20. The bill requires the LEA to convene a meeting with the child's parents and members of the IEP team within 15 days of receiving a request for a hearing in order to attempt to resolve the issues. The bill allows 30 days from receipt of the hearing request to resolve the issues without a hearing.

21. The bill prohibits a party who requests a hearing from raising issues at the hearing that were not raised in the request for the hearing.

22. The bill provides that in matters alleging a procedural violation, the hearing officer may find that a child did not receive a free appropriate public education only if the procedural inadequacies impeded the child's right to a free appropriate public education, significantly impeded the parents' opportunity to participate in the decision-making process regarding the provision of a free appropriate public education, or caused a deprivation of educational benefits.

23. Current law requires the hearing officer to issue a decision with 45 days after receipt of the hearing request. This bill requires a decision within 45 days after the conclusion of the 30-day period described in item 20, above.

24. The bill incorporates federal law relating to the reimbursement of reasonable attorney fees and actual costs.

The bill has an effective date of July 1, 2006.

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:

SB529, s. 1 Section 1. 115.758 of the statutes is amended to read:

SB529,5,4 115.758 Construction. To the extent possible, this subchapter shall be construed in a manner that is consistent with 20 USC 1400 to 1487 1482 and is consistent with the purposes specified in 20 USC 1400 (d).

SB529, s. 2 Section 2. 115.76 (1) of the statutes is amended to read:

SB529,5,9 115.76 (1) "Assistive technology device" means any item, piece of equipment or product system that is used to increase, maintain or improve the functional capabilities of a child with a disability other than a medical device that is surgically implanted or the replacement of such a device.

SB529, s. 3 Section 3. 115.76 (3) of the statutes is amended to read:

SB529,5,15 115.76 (3) "Child" means any person who is at least 3 years old but not yet 21 years old and who has not graduated from high school and, for the duration of a school term, any person who becomes 21 years old during that school term and who has not graduated from high school, and includes a child who is homeless, a child who is a ward of the state, and a child who is attending a private school.

SB529, s. 4 Section 4. 115.76 (5) (a) 5. of the statutes is amended to read:

SB529,5,17 115.76 (5) (a) 5. Emotional disturbance behavioral disability.

SB529, s. 5 Section 5. 115.76 (14) of the statutes is amended to read:

SB529,6,10 115.76 (14) "Related services" means transportation and such developmental, corrective and other supportive services as may be required to assist a child with a disability to benefit from special education, (including speech-language pathology and audiology services; interpreting services; psychological services; physical and occupational therapy; recreation, including therapeutic recreation; social work services; school nursing services designed to enable a child with a disability to receive a free appropriate public education as described in the child's individualized education program; counseling services, including rehabilitative counseling; orientation and mobility services; medical services for diagnostic and evaluative purposes only; and the early identification and assessment of disabling conditions in children) as may be required to assist a child with a disability to benefit from special education. "Related services" does not include a medical device that is surgically implanted or the replacement of such a device.

SB529, s. 6 Section 6. 115.76 (17) of the statutes is amended to read:

SB529,6,13 115.76 (17) "Transition services" has the meaning given in 20 USC 1401 (30) (34).

SB529, s. 7 Section 7. 115.762 (3) (c) of the statutes is amended to read:

SB529,6,16 115.762 (3) (c) Complying with the requirements of this subchapter and applicable federal law, including 20 USC 1415 (k) and 42 USC 11431 to 11434a.

SB529, s. 8 Section 8. 115.762 (3) (e) of the statutes is repealed and recreated to read:

SB529,6,20 115.762 (3) (e) Determining local educational agency eligibility for assistance, including determining whether a local educational agency is failing to comply with any of the requirements of the plan submitted to the division under s. 115.77 (4).

SB529, s. 9 Section 9. 115.762 (3) (g) of the statutes is amended to read:

SB529,6,24 115.762 (3) (g) Monitoring and enforcing local educational agency and residential care center for children and youth compliance with this subchapter and applicable federal law, including 20 USC 1415 (k) and 42 USC 11431 to 11434a.

SB529, s. 10 Section 10. 115.762 (3) (h) of the statutes is repealed and recreated to read:

SB529,7,2 115.762 (3) (h) Developing and maintaining a performance plan in compliance with 20 USC 1416 (b).

SB529, s. 11 Section 11. 115.762 (3) (i) of the statutes is repealed and recreated to read:

SB529,7,9 115.762 (3) (i) Establishing and maintaining qualifications to ensure that personnel necessary to carry out the requirements of this subchapter are appropriately and adequately prepared and trained, in compliance with 20 USC 1412 (a) (14), and requiring that local educational agencies take measurable steps to recruit, hire, train, and retain highly qualified personnel to provide special education and related services to children with disabilities under this subchapter.

SB529, s. 12 Section 12. 115.762 (3) (j) of the statutes is amended to read:

SB529,7,20 115.762 (3) (j) Examining data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities among local educational agencies or compared to such rates for nondisabled children within such agencies. If such discrepancies are occurring, the division shall review and, if appropriate, revise or require the affected local educational agency to revise its policies, procedures and practices relating to the development and implementation of individualized education programs, the use of positive behavioral interventions and supports and procedural safeguards to ensure that such policies, procedures and practices comply with this subchapter.

SB529, s. 13 Section 13. 115.77 (1m) (intro.) of the statutes is amended to read:

SB529,7,23 115.77 (1m) (intro.) A local educational agency shall demonstrate to the satisfaction of the division that it does all of the following:

SB529, s. 14 Section 14. 115.77 (1m) (b) of the statutes is amended to read:

SB529,8,6 115.77 (1m) (b) Makes available a free appropriate public education to children with disabilities as required by this subchapter and applicable state and federal law, except that a local educational agency that provides special education and related services to a child with a disability who is participating in an early intervention program under s. 51.44 is not required to provide the child with a free appropriate public education.

SB529, s. 15 Section 15. 115.77 (1m) (bg) of the statutes is amended to read:

SB529,8,13 115.77 (1m) (bg) Includes children with disabilities in statewide and local educational agency-wide assessments, including assessments described in 20 USC 6311 (b) (3), with appropriate modifications and alternate assessments where necessary, or in alternative assessments for those children who cannot participate in statewide or local educational agency-wide assessments and as indicated in their individualized education programs.

SB529, s. 16 Section 16. 115.77 (1m) (e) of the statutes is amended to read:

SB529,8,21 115.77 (1m) (e) To the extent consistent with the number and location of children with disabilities residing in the local educational agency who are enrolled by their parents in private elementary and secondary schools located within the local educational agency, ensures that those children have an opportunity to participate in special education and related services and that the amount spent to provide those services by the local educational agency is equal to a proportionate amount of federal funds made available under this subchapter.

SB529, s. 17 Section 17. 115.77 (1m) (f) of the statutes is amended to read:

SB529,8,24 115.77 (1m) (f) Establishes written policies and, procedures, and programs for implementing this subchapter and applicable federal law.

SB529, s. 18 Section 18. 115.77 (4) (intro.) of the statutes is amended to read:

SB529,9,6 115.77 (4) (intro.) A local educational agency shall submit to the division, pursuant to a schedule and instructions established and published by the division, the agency's a plan, including a program narrative, for the provision of special education and related services that includes that provides assurances to the division that the local educational agency meets the conditions required by 20 USC 1413 (a), including all of the following:

SB529, s. 19 Section 19. 115.77 (4) (a) to (k) of the statutes are repealed.

SB529, s. 20 Section 20. 115.77 (4) (n) of the statutes is renumbered 115.77 (4) (s) and amended to read:

SB529,9,11 115.77 (4) (s) Any other information the division requires to permit its review and approval of the plan.

SB529, s. 21 Section 21. 115.77 (4) (p) of the statutes is created to read:

SB529,9,15 115.77 (4) (p) The local educational agency, in providing for the children with disabilities within its jurisdiction, has in effect policies, procedures, and programs that are consistent with this subchapter and applicable federal law.

SB529, s. 22 Section 22. 115.77 (4) (q) of the statutes is created to read:

SB529,9,19 115.77 (4) (q) The local educational agency's plan for ensuring that all personnel necessary to carry out the requirements of this subchapter are appropriately and adequately prepared according to applicable state and federal law.

SB529, s. 23 Section 23. 115.77 (4) (r) of the statutes is created to read:

SB529,9,23 115.77 (4) (r) The data regarding children with disabilities and nondisabled children in the local educational agency that the division is required to collect or report to be in compliance with 20 USC 1400 to 1482.

SB529, s. 24 Section 24. 115.77 (7) of the statutes is repealed.

SB529, s. 25 Section 25. 115.77 (8) of the statutes is amended to read:

SB529,10,9 115.77 (8) The local educational agency shall serve children with disabilities who are attending a charter school under contract with the local educational agency under s. 118.40 in the same manner as it serves children with disabilities attending schools of the local educational agency, and shall provide funds under this subchapter to such charter schools in the same manner on the same basis as it provides funds under this subchapter to schools of the local educational agency, including proportional distribution based on enrollment of children with disabilities, and at the same time as it distributes other federal funds to the agency's other schools.

SB529, s. 26 Section 26. 115.775 of the statutes is amended to read:

SB529,10,14 115.775 Duties of operators of certain charter schools. (1) Except as provided in sub. (2), an operator of a charter school under s. 118.40 (2r) is a local educational agency, as defined in 20 USC 1401 (15) (19), and shall comply with 20 USC 1400 to 1491o 1482.

SB529,10,19 (2) The board of directors of the school district operating under ch. 119 is a local educational agency under this section and shall comply with 20 USC 1400 to 1491o 1482 if the board of directors enters into an a written agreement with an operator of a charter school under s. 118.40 (2r) under which the board of directors agrees to serve as the local educational agency.

SB529, s. 27 Section 27. 115.78 (1m) (intro.) of the statutes is amended to read:

SB529,10,23 115.78 (1m) Appointment of Team. (intro.) The local educational agency shall appoint an individualized education program team for each child referred to it under s. 115.777. Each team shall consist of all of the following:

SB529, s. 28 Section 28. 115.78 (1m) (c) of the statutes is amended to read:

SB529,11,4 115.78 (1m) (c) At least one special education teacher who has extensive and recent training and experience related to the child's known or suspected disability as specified in s. 115.76 (5) (a) or, where appropriate, at least one special education provider of the child.

SB529, s. 29 Section 29. 115.78 (1m) (d) of the statutes is amended to read:

SB529,11,9 115.78 (1m) (d) A representative of the local educational agency who is qualified to provide, or supervise the provision of, special education, is knowledgeable about the general education curriculum and is knowledgeable about and authorized to commit the available resources of the local educational agency.

SB529, s. 30 Section 30. 115.78 (2) (a) of the statutes is renumbered 115.782 (1) (ar) and amended to read:

SB529,11,14 115.782 (1) (ar) Evaluate the child under s. 115.782 to determine the child's eligibility or continued eligibility for special education and related services and the educational needs of the child.

SB529, s. 31 Section 31. 115.78 (3) of the statutes is repealed and recreated to read:

SB529,11,18 115.78 (3) Time line. (a) The local educational agency shall determine if a child is a child with a disability within 60 days after the local educational agency receives parental consent for the evaluation of the child under s. 115.782 (1) (b).

SB529,11,20 (b) The 60-day period under par. (a) does not apply to a local educational agency if any of the following occur:

SB529,12,2 1. A child enrolls in a school served by that local educational agency after the 60-day period has begun and before a determination by the child's previous local educational agency as to whether the child is a child with a disability, the subsequent local educational agency is making sufficient progress to ensure a prompt completion of the evaluation, and the child's parent and the subsequent local educational agency agree to a specific time when the evaluation will be completed.

SB529,12,4 2. The child's parent repeatedly fails or refuses to produce the child for the evaluation.

SB529, s. 32 Section 32. 115.78 (4) of the statutes is repealed.

SB529, s. 33 Section 33. 115.78 (5) of the statutes is created to read:

SB529,12,12 115.78 (5) Attendance at meetings. (a) A member of an individualized education program team is not required to attend a meeting of the individualized education program team, in whole or in part, if the parent of a child with a disability and the local educational agency agree that the attendance of the member is unnecessary because the member's area of the curriculum or related service is not being modified or discussed at the meeting.