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NOTE: This section was repealed eff. 7-29-95 by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.
115.77(2)(b)
(b) Shall audit expenditures incurred for children with exceptional educational needs.
115.77(3)
(3) Special education responsibilities. The division shall be responsible for:
115.77(3)(a)
(a) Services for children with exceptional educational needs who are under the jurisdiction of the department and for the Wisconsin school for the deaf and the Wisconsin school for the visually handicapped.
Effective date note
NOTE: Par. (a) 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
(a) Services for children with exceptional educational needs who are under the jurisdiction of the state superintendent and for the Wisconsin school for the deaf and the Wisconsin school for the visually handicapped.
115.77(3)(am)
(am) Monitoring special education in this state and enforcing this subchapter.
115.77(3)(c)
(c) Services provided to children with exceptional educational needs by special education programs under
s. 115.85 (2).
115.77(3)(d)
(d) Supervision of the education of all children who have exceptional educational needs and who reside in a child caring institution pursuant to a placement under
s. 115.815 (4), who reside in any facility operated by the state or a county or who attend county residential facilities or day care centers of a county department under
s. 51.42. Such supervision shall include:
115.77(3)(d)1.
1. The power to require the submission of reports relating to educational services provided or planned.
115.77(3)(d)2.
2. Advising the superintendent of each state or county facility.
115.77(3)(d)3.
3. Recommending to the department standards for certification of personnel whom the department determines to be involved in the education of children described in this paragraph.
Effective date note
NOTE: Subd. 3. 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. Recommending to the state superintendent standards for certification of personnel whom the state superintendent determines to be involved in the education of children described in this paragraph.
115.77(3)(e)
(e) Making or approving arrangements for transportation to and from the child's home to the special education program, or, on school days for board, lodging and transportation to and from the child's boarding home to the special education program, if the child's parents reside outside the school district, cooperative educational service agency or county in which the child receives special education.
115.77(4)
(4) Division duties. The division shall:
115.77(4)(a)
(a) Coordinate the development of all special education programs operated by a school district, county handicapped children's education board, board of control of a cooperative educational service agency, state or county residential facility or day care center of a county department under
s. 51.42 for children who have exceptional educational needs, and coordinate the development of all special education programs operated by a child caring institution under
s. 115.815 (4).
115.77(4)(b)
(b) Before the program receives any state funds, approve all special education programs operated by a school board, county handicapped children's education board, board of control of a cooperative educational service agency, state or county residential facility or day care center of a county department under
s. 51.42 for children with exceptional educational needs, and approve all special education programs operated by a child caring institution under
s. 115.815 (4).
115.77(4)(c)
(c) Before a discontinuance or reduction of program becomes effective, approve all plans to discontinue or reduce programs operated by a school district, county handicapped children's education board, board of control of a cooperative educational service agency, state or county residential facility or day care center of a county department under
s. 51.42 for children who have exceptional educational needs.
115.77(4)(d)
(d) Maintain current information on all public and private special education programs within the state and make this information public.
115.77(4)(e)
(e) Whenever an individual's report is made under
s. 115.80 (1) (a), inform the person who made the report and the child's parent of the procedure for obtaining an evaluation of the child by a multidisciplinary team under
s. 115.80 (3).
115.77(4)(f)
(f) Develop a program for the preparation, recruitment and in-service training of personnel in special education and related fields, including participation, as appropriate, by institutions of higher education, state and local agencies and other public and private organizations. A plan for the development of this program, including statements of duties and responsibilities of personnel to be trained, shall be made and implemented.
115.77(5)
(5) Receipt of federal aid. Any federal aid which is made available for special education programs shall be granted the division for carrying out plans approved by the federal agency having supervision of the aid program.
115.78
115.78
State exceptional educational needs plan. The department shall annually issue and make public a state plan for the education of children with exceptional educational needs. The state plan shall include:
Effective date note
NOTE: Sec. 115.78 (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:
