115.81(3)
(3) Status during hearing and court proceeding. The school board may not change the educational placement of a child with exceptional educational needs who is the subject of a hearing or court proceeding conducted under this subchapter during the pendency of the hearing or court proceeding unless the change is made with the written consent of the child's parent. If the health or safety of the child or of other persons would be endangered by delaying the change in assignment, the change may be made earlier, upon order of the school board, but without prejudice to any rights that the child or parent may have.
115.81(4)
(4) Rights at hearing. A parent shall have access to any reports, records, clinical evaluations or other materials upon which a decision relating to his or her child was wholly or partially based or which could reasonably have a bearing on the correctness of the decision. At any hearing held under this section, the parent may determine whether the hearing shall be public or private. The parties to a hearing may examine and cross-examine witnesses, introduce evidence, appear in person and be represented by an advocate. The hearing officer shall prepare a full record of the proceedings. A complete record of the proceedings shall be given to the parent, if requested. The hearing officer shall inform the parents of their right to a complete record of the proceedings.
115.81(4m)
(4m) Hearing officers. The department shall maintain a listing of qualified hearing officers who are not employed by or under contract with a school board to serve as hearing officers in hearings under this section.
115.81(5)
(5) Independent evaluation. If a parent believes that a school board's multidisciplinary team evaluation of his or her child as shown in the reports or records made available to the parent under
sub. (4) is in error, he or she may obtain an independent evaluation of the child and have the report considered by the school board and presented as evidence in the hearing. The school board shall pay the costs of the independent evaluation unless the parent refuses to give the school board a copy of the independent evaluation or it is found at a hearing that the school board's multidisciplinary team evaluation is appropriate or that the independent evaluation does not meet standards set by the department.
115.81(6)
(6) Hearing and decision. Upon receipt of a written request for a hearing under
sub. (1), the department shall appoint an impartial hearing officer who is not otherwise employed by the department from the list maintained under
sub. (4m). The hearing officer shall conduct the hearing and shall issue a decision within 45 days of the receipt of the request for the hearing under
sub. (1). The hearing officer may issue subpoenas, order an independent evaluation at school board expense and grant specific extensions of time for cause at the request of either party. If the hearing officer grants an extension of time, he or she shall include that extension and the reason for the extension in the record of the proceedings. The school board shall pay the cost of the hearing officer.
Sections 227.44 to
227.50 do not apply to hearings conducted under this subsection.
115.81(7m)
(7m) Residents of state or county facility. For a child who resides, and is receiving special education, only in a state or county residential facility, the governing body of the facility shall be considered a school board for the purposes of this section.
115.81(8)
(8) Appeal to court. Within 45 days after the decision of the hearing officer appointed by the department under
sub. (6), either party may appeal the decision to the circuit court for the county in which the child resides.
115.81(9)(a)(a) A school board shall appoint a surrogate parent for a child with exceptional educational needs who resides in the school district if any of the following applies:
115.81(9)(a)3.
3. The child is a ward of or in the legal custody of a public agency, or a child welfare agency, that has the authority to make educational decisions for the child.
115.81(9)(b)
(b) The school board may not appoint as a surrogate parent for a child any employe of a public agency, or a child welfare agency, who is involved in the education or care of the child.
115.81(9)(c)
(c) Notwithstanding
ss. 48.345,
48.363,
48.427 (3),
767.24 (3),
880.12,
880.15,
938.183,
938.34 (4),
(4h),
(4m) and
(4n),
938.345 and
938.363, a surrogate parent has the authority to act as the child's parent in all matters relating to this subchapter.
115.81 Annotation
Enforcement of state and federal special education laws discussed. M. R. v. Milwaukee Public Schools, 495 F Supp. 864 (1980).
115.815
115.815
Children in child caring institutions. 115.815(1)(b)
(b) "Originating school district" means the school district where the child resided prior to the placement of the child in a child caring institution.
115.815(2)
(2) Establishment of program. Subject to
s. 115.77 (4) (b), a child caring institution may establish and maintain a special education program for children with exceptional educational needs.
115.815(3)(a)(a) Whenever a county department recommends to a court that a child be placed in a child caring institution or whenever a state agency anticipates placing a child in a child caring institution, the county department or state agency shall notify the school board of the originating school district.
115.815(3)(b)
(b) For each child identified in a notice under
par. (a), the school board of the originating school district or state agency, as specified in rules promulgated by the department, shall do all of the following:
115.815(3)(b)1.
1. If the child is a child with exceptional educational needs, as soon as reasonably possible, the school board, after consulting with a county department or a state agency, as appropriate, shall appoint staff to review and revise, if necessary, the child's individualized education program and the school board shall appoint a group to develop an educational placement offer.
115.815(3)(b)2.
2. If the child has not been identified as a child with exceptional educational needs:
115.815(3)(b)2.a.
a. The school board or state agency, as specified in rules promulgated by the department, shall appoint staff to review the child's education records and develop a status report for the child. The school board shall send a copy of the report to the county department within 30 days after receiving the notice under
par. (a) and the state agency shall send a copy of the report to the school board of the originating school district within 30 days after providing the notice under
par. (a).
115.815(3)(b)2.b.
b. If the school board determines that there is reasonable cause to believe that the child is a child with exceptional educational needs, the school board shall appoint a multidisciplinary team to conduct an evaluation of the child under
s. 115.80 (3). The school board may include appropriately licensed staff of the child caring institution in the multidisciplinary team if that staff is available. The multidisciplinary team shall conduct the evaluation. If the multidisciplinary team determines that the child is a child with exceptional educational needs, the school board, after consulting with a county department or a state agency, as appropriate, shall appoint staff to develop an individualized education program and the school board shall appoint a group to develop an educational placement offer.
115.815(4)
(4) Responsibility for educational placement. Whenever the school board of the originating school district offers an educational placement in a child caring institution under
sub. (3) (b) 1. or
2. b., all of the following apply:
115.815(4)(a)
(a) The school board of the originating school district shall do all of the following:
115.815(4)(a)1.
1. Ensure that the child receives a free appropriate public education.
115.815(4)(a)2.
2. Ensure that the child's treatment and security needs are considered when determining the least restrictive environment for the child.
115.815(4)(a)3.
3. While the child resides at a child caring institution, assign staff to conduct reevaluations of the child in the manner provided under
s. 115.80 (5).
115.815(4)(a)4.
4. While the child resides at a child caring institution, after consulting with the child caring institution and a county department or a state agency, as appropriate, refer the child to another school district if the school board of the originating school district determines that the child's exceptional educational needs may be appropriately served in a less restrictive setting in the other school district.
115.815(4)(a)5.
5. If the child is leaving the child caring institution, assign a transition team to develop a transition plan for the child in cooperation with a county department and staff of the child caring institution.
115.815(4)(b)
(b) The county department or state agency, as specified in rules promulgated by the department, shall do all of the following:
115.815(4)(b)1.
1. Consider the child's educational needs when selecting a child caring institution for the child.
115.815(4)(b)2.
2. In cooperation with the originating school district and staff of the child caring institution, participate in the multidisciplinary team evaluation of the child and the development of the individualized education program for the child.
115.815(4)(b)3.
3. Notify the school board of the school district in which the child will reside whenever the county department or state agency anticipates removing the child from the child caring institution.
115.815(4)(b)4.
4. In cooperation with the originating school district and staff of the child caring institution, develop a transition plan for the child if the child is leaving the child caring institution.
115.815(4)(b)5.
5. Pay all of the child caring institution related costs of educating the child while the child resides in the child caring institution.
115.815(4)(c)
(c) Whenever a school board receives a referral under
par. (a) 4., the school board shall assign staff to determine whether the child can appropriately be placed in a special education program operated by the school district. If the assigned staff determines that the child can appropriately be placed in a special education program operated by the school district, the school board shall provide an education program for the child and is eligible for state tuition payments under
s. 121.79 (1) (a). If the assigned staff determines that the child cannot appropriately be placed in a special education program operated by the school district, the school board shall keep a written record of the reasons for that determination. If there is a dispute regarding the placement of a child under this paragraph between the school board of the originating school district and the school board receiving the referral, the department shall resolve the dispute under
s. 115.85 (2m).
Effective date note
NOTE: Par. (c) 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
(c) Whenever a school board receives a referral under par. (a) 4., the school board shall assign staff to determine whether the child can appropriately be placed in a special education program operated by the school district. If the assigned staff determines that the child can appropriately be placed in a special education program operated by the school district, the school board shall provide an education program for the child and is eligible for state tuition payments under s. 121.79 (1) (a). If the assigned staff determines that the child cannot appropriately be placed in a special education program operated by the school district, the school board shall keep a written record of the reasons for that determination. If there is a dispute regarding the placement of a child under this paragraph between the school board of the originating school district and the school board receiving the referral, the state superintendent shall resolve the dispute under s. 115.85 (2m).
115.815(5)
(5) Rules. The department shall promulgate rules to implement and administer this section.
Effective date note
NOTE: Sub. (5) 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
(5) Rules. The state superintendent shall promulgate rules to implement and administer this section.
115.815 History
History: 1993 a. 14;
1995 a. 27 s.
9145 (1).
115.82
115.82
Compulsory attendance. The provisions of
s. 118.15 relating to compulsory school attendance apply during the school term to children with exceptional educational needs and may be satisfied by attendance at 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 private special education service.
115.82 History
History: 1973 c. 89.
115.82 Annotation
Parents who unilaterally remove child from exceptional educational needs placement violate compulsory education statute.
79 Atty. Gen. 105.
115.83
115.83
Authorization of special education programs and services. 115.83(1)(1) A school board, board of control of a cooperative educational service agency or, upon authorization of the county board, a county handicapped children's education board may:
115.83(1)(a)
(a) Subject to approval by the division under
s. 115.77 (4) (b) and
(c), establish, maintain, expand, reduce or discontinue a special education program, including special physical or occupational therapy services, for children with exceptional educational needs. The board may contract with private or public agencies for physical or occupational therapy services on the basis of demonstrated need.
115.83(1)(b)
(b) Employ, for a special education program, either full- or part-time licensed teachers, licensed coordinators of special education, licensed school social workers, licensed school psychologists, paraprofessionals, licensed consulting teachers to work with any teacher of regular education programs who has a child with exceptional educational needs in a class and any other personnel approved by the department.
115.83(1)(c)
(c) Provide in-service training for any teacher who has a child with exceptional educational needs in a class and any other services approved by the department.
115.83(2)
(2) A special education program may consist of such special education programs for children as to allow them to attend regular education programs, one or more special schools or preschools, special sections within a school or preschool, special instruction centers, special instruction at the home or residence of the child or at any other location or any other special education program approved by the department.
Effective date note
NOTE: Sub. (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) A special education program may consist of such special education programs for children as to allow them to attend regular education programs, one or more special schools or preschools, special sections within a school or preschool, special instruction centers, special instruction at the home or residence of the child or at any other location or any other special education program approved by the state superintendent.
115.83(3)
(3) A special education program may be supplemented by family guidance or counseling services to train other members of the child's family to assist in the child's education.
115.83(4)
(4) A special education program may be for the school term, may include a summer program or may be for the school year.
115.83(5)
(5) The courses, qualifications of teachers, coordinators, social workers and school psychologists and plan of organizing and maintaining special education programs and other services shall comply with requirements established by the department.
Effective date note
NOTE: Sub. (5) 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
(5) The courses, qualifications of teachers, coordinators, social workers and school psychologists and plan of organizing and maintaining special education programs and other services shall comply with requirements established by the state superintendent.
115.83 Annotation
Public school board was liable for cost of child's transportation to and from, and tuition at, private school during transition period. Anderson v. Thompson, 495 F Supp. 1256 (1980).
115.84
115.84
Local report. The school board, board of control or county handicapped children's education board maintaining special education programs or other services shall report annually to the department, and at such other times as it directs, such information as it requires. The report shall include the number of pupils instructed or provided service, their residence and the period of time each was instructed or otherwise served during the school year. Annually, on or before August 15, each board shall submit to the department an itemized statement on oath of all revenues and expenditures on account of such special education programs or other services during the preceding school year.
115.85
115.85
School district. 115.85(1)(1)
Responsibility to make programs available. 115.85(1)(a)(a) Each school board shall ensure that appropriate special education programs and related services are available to children with exceptional educational needs who have attained the age of 3, who have not graduated from high school and who reside in the school district, or who reside in a state or county residential facility located in the school district and receive special education full- or part-time in the school district. Each state or county residential facility shall ensure that such programs and services are available to such other children who reside in the facility. Each school board shall ensure that to the maximum extent appropriate, a child with exceptional educational needs is educated with children who are not children with exceptional educational needs and that special classes, separate schooling or other removal from the regular educational environment occurs only when the nature or severity of the child's handicap is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. The school board shall ensure that a continuum of alternative placements is available to meet the needs of children with exceptional educational needs.
115.85(1)(b)
(b) A school district may provide special education for preschool children under the age of 3 years and instruction for their parents. Such special education shall be subject to the approval of and shall comply with requirements established by the department.
Effective date note
NOTE: Par. (b) 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) A school district may provide special education for preschool children under the age of 3 years and instruction for their parents. Such special education shall be subject to the approval of and shall comply with requirements established by the state superintendent.
115.85(1)(c)
(c) The school board shall submit to the division any information it requires concerning special education in state or county facilities supervised by the division under
s. 115.77 (3) (d) and shall advise the superintendent of each such facility.
115.85(1)(d)
(d) Beginning in the 1995-96 school year, no child with exceptional educational needs as a result of a visual handicap may be denied the opportunity to receive instruction in reading and writing braille.
115.85(2)
(2) Placement in appropriate program. The school board shall provide an appropriate educational placement for a child with exceptional educational needs. The school board may delegate this responsibility. The governing body of a state or county residential facility shall place in an appropriate special education program a child who resides and is receiving special education only in the facility.
115.85(2)(a)
(a) If the school district, the county in which the child resides or the cooperative educational service agency for the school district in which the child resides operates an appropriate special education program, the child shall be placed in such program.
115.85(2)(am)
(am) If an agency enumerated in
par. (a) does not operate a special education program which is appropriate for the child's needs, or if requested by the child's parents and recommended by the staff who developed the child's educational placement, the child may be placed in a model school special education program established under
s. 36.25 (19). If the school board utilizes this placement option, the school district of residence shall pay any tuition charges for the child.
115.85(2)(b)
(b) If an agency enumerated in
par. (a) does not operate a special education program which is appropriate for the child's needs, the child shall be placed in a program operated in this state by a public agency as near as possible to the place where the child resides, except as provided under
pars. (c) and
(d). If the local school board utilizes the placement option under this paragraph, the school district of residence and not the county of residence shall pay tuition charges for exceptional children.
115.85(2)(c)1.1. Upon the approval of the department, the child may be placed in a public special education program located in another state.
Effective date note
NOTE: Subd. 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
(c) 1. Upon the approval of the state superintendent, the child may be placed in a public special education program located in another state.
115.85(2)(c)2.
2. The department shall approve a placement in a public special education program located in another state if the department determines that the program is appropriate to meet the child's exceptional educational needs and that:
Effective date note
NOTE: Subd. 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. The state superintendent shall approve a placement in a public special education program located in another state if he or she determines that it is appropriate to meet the child's exceptional educational needs and that:
115.85(2)(c)2.a.
a. There is no appropriate program available in this state without the use of a boarding home or residential placement and the proposed placement will enable the child to reside at home and receive daily transportation to and from the placement; or
115.85(2)(c)2.b.
b. The proposed placement will result in a significant reduction in daily transportation costs or the child's time in transit to the program while the child resides at home.
