115.735 History
History: 1979 c. 346.
115.74
115.74
Assessment of needs and evaluation of resources. 115.74(1)(1) On or before July 1 in every even-numbered year, the department, in coordination with the board, shall:
115.74(1)(a)
(a) Conduct a statewide assessment of the need for American Indian language and culture education programs. The assessment shall include information on:
115.74(1)(a)1.
1. Numbers, ages, location and tribal affiliation of American Indian pupils.
115.74(1)(a)2.
2. Concentration of American Indian pupils in attendance areas, as defined in
s. 121.845 (1), within each school district by tribal affiliation.
115.74(1)(a)3.
3. Placement rates of American Indian children in classes for handicapped pupils in comparison with statewide and district-wide placement rates.
115.74(1)(a)4.
4. Advancement, achievement levels and dropout rates of American Indian pupils in comparison with average advancement and dropout rates.
115.74(1)(b)
(b) Evaluate the American Indian language and culture education programs established under this subchapter. Alternative school programs shall be evaluated under this paragraph only with the permission of the school.
115.74(2)
(2) Annually, on or before July 1, the department, in coordination with the board, shall evaluate all available resources and programs which are or could be directed toward meeting the educational needs of American Indian pupils. The evaluation shall include information on:
115.74(2)(a)
(a) Numbers, locations and qualifications of teachers, administrators, counselors and others from American Indian backgrounds who are interested in working in American Indian language and culture education programs.
115.74(2)(b)
(b) Programs in this state designed for the preparation of American Indian language and culture education teachers.
115.74(2)(c)
(c) The effectiveness of programs for American Indian pupils in this state other than programs established under this subchapter.
115.74(2)(d)
(d) The effectiveness of preservice and in-service programs for staffs of American Indian language and culture education programs.
115.74(2)(e)
(e) The tests, criteria, procedures and methods used to identify, test, assess and classify American Indian pupils.
115.74(3)
(3) The assessment of needs under
sub. (1) (a) and the evaluation of resources under
sub. (2) shall be performed on Indian reservations and in other Indian communities recognized by the federal government only in conjunction with, or with the permission of, the respective tribal governments.
115.74(4)
(4) The department, in coordination with the board, shall prepare a biennial report which shall be included as an addendum to the department's biennial report under
s. 15.04 (1) (d). The report shall include the results of the most recent assessment of needs and evaluation of programs under
sub. (1), the evaluation of resources under
sub. (2) and recommendations for legislation in the area of American Indian language and culture education.
115.745
115.745
Home school coordinators. 115.745(1)(b)
(b) Beginning in the 1990-91 school year, from the appropriation under
s. 20.255 (2) (cs), the state superintendent annually shall award a grant to support the costs of 2.0 full-time equivalent home school coordinators to a school district in which at least 50% of the membership in the previous school year was American Indian pupils. The home school coordinators shall work with pupils and their families to address problems that adversely affect the pupils' success in school.
115.745(2)
(2) The state superintendent shall not award a grant under
sub. (1) unless he or she determines that all of the following conditions have been met:
115.745(2)(a)
(a) The application for the grant describes how the home school coordinators will be used to improve communication between the school district and parents or guardians and to promote parental involvement in the school district.
115.745(2)(b)
(b) The award will not supplant funds otherwise available for home school coordinators.
115.745(3)
(3) The state superintendent shall promulgate rules to implement and administer this section.
Effective date note
NOTE: This section was repealed eff. 7-29-95 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA.
115.745 History
History: 1989 a. 336;
1995 a. 27.
115.75
115.75
Aid to alternative schools. 115.75(1)(a)(a) Subject to the requirements of
par. (b), each alternative school operating an American Indian language and culture education program under this subchapter shall receive state aid, from the appropriation under
s. 20.255 (2) (ci), in an amount equal to $185 for each pupil who has completed the fall semester in the program.
115.75(1)(b)
(b) No alternative school may receive state aid under this section unless the department:
Effective date note
NOTE: Par. (b) (intro.) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(b) No alternative school may receive state aid under this section unless the state superintendent:
115.75(1)(b)1.
1. Determines that the alternative school has adequate management and accounting capacity and that the school agrees that its accounts related to the program may be audited.
115.75(1)(b)2.
2. Certifies that the alternative school has met the requirements of
ss. 115.73 and
115.735 and has submitted a report to the department which includes a description of all expenditures made in the prior year in connection with the program, a budget for the current year for the program and the number of pupils who have completed the fall semester in the program.
Effective date note
NOTE: Subd. 2. is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
2. Certifies that the alternative school has met the requirements of ss. 115.73 and 115.735 and has submitted a report to the state superintendent which includes a description of all expenditures made in the prior year in connection with the program, a budget for the current year for the program and the number of pupils who have completed the fall semester in the program.
115.75(2)
(2) State aid under this section shall be paid in April of each year. In no case may such aid supplant federal aid received by the alternative school and utilized for American Indian language and culture education programs in the prior year.
115.75(3)
(3) If the appropriation under
s. 20.255 (2) (ci) in any year is insufficient to pay the full amount of aid under this section, state aid payments shall be prorated among the alternative schools entitled to such aid.
CHILDREN WITH EXCEPTIONAL EDUCATIONAL NEEDS
115.76
115.76
Definitions. In this subchapter:
115.76(1)
(1) "Administrator" means the administrator of the division.
115.76(2)
(2) "Child" means any person under the age of 21 years and, for the duration of a school term, any person who becomes 21 years old during that school term, except as otherwise provided.
115.76(2q)
(2q) "Child caring institution" means a child welfare agency that regularly provides care and maintenance for children residing in the agency's facility.
115.76(2r)
(2r) "Child welfare agency" means an agency licensed under
s. 48.60.
115.76(3)
(3) "Child with exceptional educational needs" means a child with any of the following conditions, or such other conditions as the department determines, who may require educational services to supplement or replace regular education:
Effective date note
NOTE: Sub. (3) (intro.) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(3) "Child with exceptional educational needs" means a child with any of the following conditions, or such other conditions as the state superintendent determines, who may require educational services to supplement or replace regular education:
115.76(3)(b)
(b) Cognitive disability or other developmental disability.
115.76(3)(k)
(k) For children who are 3, 4 or 5 years old, significant developmental delay.
115.76(3)(m)
(m) Any combination of conditions named by the department or enumerated in
pars. (a) to
(L).
Effective date note
NOTE: Par. (m) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(m) Any combination of conditions named by the state superintendent or enumerated in pars. (a) to (L).
115.76(4)
(4) "Division" means the division for learning support, equity and advocacy.
115.76(5m)
(5m) "Hearing officer" means an independent examiner chosen to conduct hearings under
s. 115.81.
115.76(5r)
(5r) "Institutional resident" means a child with exceptional educational needs who has been admitted to and is domiciled or cared for in or by a special purpose residential care center which specializes in the care and treatment of children described under
sub. (3).
115.76(7)
(7) "Part of a program" means that portion of a program in which a child with a particular type of exceptional educational need participates.
115.76(8)
(8) "Reduced program" means any program which has decreased its educational services, facilities or staff in the manner and degree specified in written standards issued by the department.
Effective date note
NOTE: Sub. (8) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(8) "Reduced program" means any program which has decreased its educational services, facilities or staff in the manner and degree specified in written standards issued by the state superintendent.
115.76(9)
(9) "Regular education" means the educational program provided by a public or private school for children who do not have exceptional educational needs.
115.76(10)
(10) "Special education" means specially designed instruction, at no cost to a child or the child's parents, to meet the unique needs of a child with exceptional educational needs, including all of the following:
115.76(10)(b)
(b) Instruction conducted in a classroom, at home, in hospitals and institutions or in any other setting.
115.76(12)
(12) "State or county residential facility" means a state residential facility operated by the department of health and family services, or a county residential facility operated by a county board.
115.76 Note
NOTE: 1991 Wis. Act 15 substitutes "cognitive disability" for "mental retardation" in sub. (3) (b). The legislature intends the substitution solely to reflect its determination that the former term is a less pejorative means of referring to the same condition.
115.77
115.77
Division for learning support, equity and advocacy. 115.77(1)(1)
Appointment of administrator. The secretary shall appoint the administrator.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(1) Appointment of administrator. The state superintendent shall appoint the administrator.
115.77(2)
(2) Duties of administrator. Subject to the direction of the secretary, the administrator:
Effective date note
NOTE: Sub. (2) (intro.) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(2) Duties of administrator. Subject to the direction of the state superintendent, the administrator:
115.77(2)(a)
(a) Shall appoint qualified personnel necessary to perform the duties required of the division.
