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.
115.85(2)(c)3.
3. If the local school board utilizes a 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)(d)
(d) To provide a special education program which is appropriate to the child's needs, the school board may, upon approval of the department and if no equivalent public program is available, contract with a private special education service if the placement is warranted on the basis of a less restrictive environment alternative. Private special education services provided under this subchapter may not include religious or sectarian teachings or instruction. 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.
Effective date note
NOTE: Par. (d) 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
(d) To provide a special education program which is appropriate to the child's needs, the school board may, upon approval of the state superintendent and if no equivalent public program is available, contract with a private special education service if the placement is warranted on the basis of a less restrictive environment alternative. Private special education services provided under this subchapter may not include religious or sectarian teachings or instruction. 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)(e)
(e) The school board may place a child with exceptional educational needs in a special education program at the home, residence or other location of the child only if there is a physician's statement in writing that the child is unable to attend school.
115.85(2m)
(2m) Placement disputes. If a dispute arises between the school board and the department of health and family services, the department of corrections or a county department under
s. 46.215,
46.22 or
46.23, or between school boards under
s. 115.815 (4) (c), over the placement of a child in an appropriate program under
sub. (2), the department shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under s. [48.48 (4)], 48.57 (1) (c), 938.48 (4) or 938.57 (1) (c) and to placements in child caring institutions made under
s. 115.815.
115.85 Note
NOTE: Sub. (2m) is shown as amended by
1995 Wis. Act 27. The treatment by Act 27, s. 9145 (1), was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Sub. (2m), as not affected by
1995 Wis. Act 27 s.
9145 (1), reads as shown below. The bracketed language indicates a cross-reference to a provision which was repealed by
1995 Wis. Act 27. Corrective legislation is pending.
Effective date text
(2m) Placement disputes. If a dispute arises between the school board and the department of health and family services, the department of corrections or a county department under s. 46.215, 46.22 or 46.23, or between school boards under s. 115.815 (4) (c), over the placement of a child in an appropriate program under sub. (2), the state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under s. [48.48 (4)], 48.57 (1) (c), 938.48 (4) or 938.57 (1) (c) and to placements in child caring institutions made under s. 115.815.
115.85(3)
(3) School district plan. Annually, on or before August 15, each school board shall report to the department such information as it requires, including the following:
115.85(3)(a)
(a) The total number of children who reside in the district and who have been placed in special education programs under
s. 115.85 (2), the exceptional educational needs of each such child and the school attended or special education received by each such child. The report shall also specify the number of children with exceptional educational needs who are known to the school district and who are under the age of 3 years and the exceptional educational needs of each such child.
115.85(3)(b)
(b) A description of the screening process for exceptional educational needs provided under
s. 115.80 (2) to each child who enters public school in the district.
115.85(3)(c)
(c) A description of the special education programs in which children who reside in the district have been placed under
sub. (2), the number of persons attending each pursuant to
sub. (2) and the qualifications of the staff of each such special education program.
115.85(3)(d)
(d) An evaluation, in terms of the goals identified under
s. 115.78 (5), of the progress made by each special education program in which children who reside in the district are placed under
sub. (2).
115.85(3)(e)
(e) An evaluation of the progress made by each child who resides in a facility operated by the state or a county, who has attained the age of 3 years and whose parent resides in the district and a statement of the expected duration of the child's stay in such facility.
115.85(3)(f)
(f) Plans for new, expanded, or reduced public school special education programs or for discontinuation of any such program or part of such program.
115.85(4)
(4) School board referrals. Annually, on or before August 15, each school board shall report to the appropriate county departments under
ss. 51.42 and
51.437 the names of children who reside in the school district, are at least 16 years of age, are not expected to be enrolled in an educational program 2 years from the date of the report and may require services described under
s. 51.42 or
51.437 (1). This subsection does not affect a school district's responsibility under
sub. (1) to make programs available to children with exceptional educational needs who are under the age of 21.
115.85(5)(a)(a) A school board, cooperative educational service agency and county handicapped children's education board may enter into an agreement with a county administrative agency, as defined in
s. HSS 90.03 (10), Wis. adm. code, to allow the employes of the school board, agency or county handicapped children's education board to participate in the performance of multidisciplinary evaluations and the development of individualized family service plans under
s. 51.44.
115.85(5)(b)
(b) A school board, cooperative educational service agency and county handicapped children's education board may enter into an agreement with a county administrative agency, as defined in
s. HSS 90.03 (10), Wis. adm. code, a head start agency under
42 USC 9836 or a tribal school affiliated with the bureau of Indian affairs to allow the individuals employed by or under contract with any of the latter agencies to participate as team members in the performance of multidisciplinary team evaluations under
s. 115.80 (3) (b) and in the development of individualized education programs under
s. 115.80 (4).
115.85 Annotation
Sub. (2) (d), Stats. 1973, is constitutional. See note to art. I, sec. 18, citing State ex rel. Warren v. Nusbaum, 64 W (2d) 314, 219 NW (2d) 577.
115.85 Annotation
Requirement of DPI that the options under (2) are to be considered sequentially and not alternatively, is a rational one. Though the state must provide each child with an equal educational opportunity, it is not necessarily required to do so in the context of a neighborhood or conveniently accessible setting. Panitch v. State of Wisconsin, 390 F Supp. 611.
115.86
115.86
Handicapped children's education board. 115.86(1)(1)
Definitions. In this section "board" means the county handicapped children's education board.
115.86(2)(a)(a) Any county board of supervisors may determine to establish a special education program for children with exceptional educational needs, for school districts in the county.
115.86(2)(b)
(b) The program may provide for one or more special schools, classes, treatment or instruction centers or any other service authorized under
s. 115.83 for children with one or more types of exceptional educational needs.
115.86(2)(c)
(c) A school district shall be included under such county program only to the extent approved by formal action of the school board. Each school district that participates in the county program for any of the handicaps under
s. 115.76 (3), or subdivisions thereof under
s. 115.76 (3) (b) based upon the severity of the handicap, must subscribe to all of the services offered by the board for each of the handicaps or subdivisions thereof under
s. 115.76 (3) (b), for which the school board has resolved to participate. A school board may, however, arrange with the board for such necessary support or intervention services to primary programs subscribed to. A board created under this section shall be known as the "Handicapped Children's Education Board".
115.86(3)(a)(a) The board shall consist of 3 or more persons, as determined by the county board of supervisors, elected by the county board or appointed by the chairperson of the county board, as the rules of the county board direct. Board members shall be electors selected from that part of the county participating in the program and shall be representative of the area the board serves. The board may include school board members, members of the county board of supervisors and other electors. Board members shall hold office for a term of 3 years, except that the terms of office of members of the first board shall be 3 years, 2 years and one year. Board members shall receive compensation and reimbursement for mileage in an amount fixed by the county board of supervisors, but not more than that of county board members.
115.86(3)(b)
(b) The board annually shall select one member as chairperson and one as secretary. The county treasurer shall serve as board treasurer but shall not be a member of the board.
115.86(3)(c)
(c) The board shall appoint an advisory committee whose membership includes school district administrators representative of the area the board serves.
115.86(4)
(4) Application. Upon authorization of the county board, application for the establishment of a program or any part thereof shall be made by the board to the division. The application shall state whether the program or part will be available in the county at large or only to certain school districts.
115.86(5)(a)(a) The board shall have charge of all matters pertaining to the organization, equipment, operation and maintenance of such programs and may do all things necessary to perform its functions, including, without restriction because of enumeration, the authority to erect buildings subject to county board approval and employ teachers and other personnel. The board shall prepare an annual budget, which shall be subject to approval of the county board under
s. 65.90 unless a resolution is adopted under
sub. (9) (c), and shall include funds for the hiring of staff, the purchase of materials, supplies and equipment and the operation and maintenance of buildings or classrooms.
115.86(5)(b)1.1. At the close of each fiscal year, the board shall employ a licensed accountant to audit its accounts and certify the audit. The cost of the audit shall be paid from board funds.
115.86(5)(b)3.
3. The department shall establish by rule a standard contract and minimum standards for audits performed under this paragraph.
115.86(5)(c)
(c) If the county board of supervisors establishes an integrated service program for children with severe disabilities under
s. 59.53 (7), the county handicapped children's education board shall participate in an integrated service program for children with severe disabilities under
s. 59.53 (7), and may enter into written interagency agreements or contracts under the program.
115.86(5)(d)
(d) Annually by October 1, the board and the school boards of the school districts participating in the county program shall submit a report to the department that specifies the portion of each school day that each pupil enrolled in the county program who is also enrolled in the school district of the pupil's residence spent in county program classes in the previous school year and the portion of the school day that the pupil spent in school district classes in the previous school year. The department shall develop guidelines for a full-time equivalency methodology. The department is not required to promulgate the guidelines as rules.
Effective date note
NOTE: Par. (d) 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
(d) Annually by October 1, the board and the school boards of the school districts participating in the county program shall submit a report to the state superintendent that specifies the portion of each school day that each pupil enrolled in the county program who is also enrolled in the school district of the pupil's residence spent in county program classes in the previous school year and the portion of the school day that the pupil spent in school district classes in the previous school year. The state superintendent shall develop guidelines for a full-time equivalency methodology. The state superintendent is not required to promulgate the guidelines as rules.
115.86(6)(a)(a) The board may not assign by resolution or by contract the full administrative or instructional services of the board.
115.86(6)(b)
(b) The ability of the board to contract with the board of control of a cooperative educational service agency, a board of a school district or other public agency in the county for a portion of administrative or instructional services or for any of the purposes enumerated in
s. 115.83 is not prohibited by
par. (a). The board shall be responsible for all programs contracted under this paragraph.
115.86(7)(a)(a) The school board of any district which is included under the administration of a board may withdraw from participation in any part of the program only with the approval of the department after conference with the board and a determination by the department that such withdrawal is in the interest of the program in the county and the school district affected. Such withdrawal shall be effective only if the school board has the approval of the division to establish an equivalent part of a program. Such withdrawal shall be effective either December 31 or June 30 provided that 12 months' notice has been given to the board. The withdrawing school district shall be liable for its proportionate share of all operating costs until its withdrawal becomes effective, shall continue to be liable for its share of debt incurred while it was a participant and shall receive no share in the assets.
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) The school board of any district which is included under the administration of a board may withdraw from participation in any part of the program only with the approval of the state superintendent after conference with the board and a determination by the state superintendent that such withdrawal is in the interest of the program in the county and the school district affected. Such withdrawal shall be effective only if the school board has the approval of the division to establish an equivalent part of a program. Such withdrawal shall be effective either December 31 or June 30 provided that 12 months' notice has been given to the board. The withdrawing school district shall be liable for its proportionate share of all operating costs until its withdrawal becomes effective, shall continue to be liable for its share of debt incurred while it was a participant and shall receive no share in the assets.
115.86(7)(b)
(b) A program established under this section may be dissolved by action of the county board, but such dissolution shall not take place until the end of the school term in which the action was taken. When a program is dissolved, assets and liabilities shall be distributed under
s. 66.03 to all units which participated in the program.
115.86(8)
(8) Transportation. The board may promulgate a plan for the transportation at county expense of children who are participating in special education programs under this section, special education programs operated at day care centers or special education programs operated by a private organization within whose attendance area the child resides and which is situated not more than 5 miles beyond the boundaries of the area the board serves, as measured along the usually traveled route. The plan, upon approval of the department, shall govern the transportation of such children. Any such plan for transportation during the school term supersedes
ss. 115.88 and
121.54 (3).
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) Transportation. The board may promulgate a plan for the transportation at county expense of children who are participating in special education programs under this section, special education programs operated at day care centers or special education programs operated by a private organization within whose attendance area the child resides and which is situated not more than 5 miles beyond the boundaries of the area the board serves, as measured along the usually traveled route. The plan, upon approval of the state superintendent, shall govern the transportation of such children. Any such plan for transportation during the school term supersedes ss. 115.88 and 121.54 (3).
115.86(9)(a)(a) The tax for the operation and maintenance of each part of a special education program and for the transportation of children under
sub. (8) shall be levied against the area of the county participating in the part of the program.
115.86(9)(b)
(b) Beginning July 1, 1981, no board, except a board which has constructed or acquired building facilities, may continue to operate under this section if the area taxed under
par. (a) constitutes less than 50% of the full value of taxable property within the county.
115.86(9)(c)
(c) Upon the adoption of a resolution by a majority of the school boards that are located in whole or in part in the county and are participating in the county program under
sub. (2) (c), this subsection shall not apply commencing on the effective date of the resolution. A resolution adopted under this paragraph between January 1 and June 30 in any year shall be effective on January 1 of the year commencing after its adoption. A resolution adopted under this paragraph between July 1 and December 31 in any year shall be effective on January 1 of the 2nd year commencing after its adoption. In the year in which the resolution is effective, the county budget under
s. 59.60 or
65.90 shall include a line item for the special education program.
115.86(10)(a)(a) The board may apply for and receive the state aid under
ss. 115.88 and
121.41 (1) for the transportation, board and lodging, treatment and instruction of children participating in programs under this section.
115.86(10)(b)
(b) The board may apply for and receive the state aid under
ss. 121.135 and
121.14. This paragraph does not apply beginning on the effective date of a resolution adopted under
sub. (9) (c).
115.86(10)(c)
(c) All state aid shall be paid to the county treasurer and credited to the fund of the board.
115.86(11)
(11) Violations. The department shall withhold aid from any board that is in violation of this section.
Effective date note
NOTE: Sub. (11) 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
(11) Violations. The state superintendent shall withhold aid from any board that is in violation of this section.
115.86 AnnotationAdministration of county school office under this section discussed.
77 Atty. Gen. 196.
115.87
115.87
Admission, tuition and transportation. 115.87(1)
(1) A cooperative educational service agency, county handicapped children's education board or school district which operates a special education program shall admit a nonresident if the program is appropriate for the child's exceptional educational needs. Refusal to admit a child does not relieve the school district in which the child resides of its responsibilities under
s. 115.85 (1).
115.87(7)
(7) In addition to the requirements of
s. 121.54 (3), when board and lodging are not furnished to nonresident children with exceptional educational needs the school district in which the child resides or, if there is a plan of transportation under
s. 115.86 (8), the county handicapped children's education board shall provide transportation.
115.87(8)
(8) Upon the advance approval of the department, the school board of any district may place a child in a special education program outside this state in accordance with
s. 115.85 (2) (c) or a special education program operated by a private, nonsectarian special education service either within or outside the state in accordance with
s. 115.85 (2) (d). The school district of residence shall pay the tuition and transportation in accordance with the procedure established for the payment of tuition by the school district under
s. 121.78.
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) Upon the advance approval of the state superintendent, the school board of any district may place a child in a special education program outside this state in accordance with s. 115.85 (2) (c) or a special education program operated by a private, nonsectarian special education service either within or outside the state in accordance with s. 115.85 (2) (d). The school district of residence shall pay the tuition and transportation in accordance with the procedure established for the payment of tuition by the school district under s. 121.78.
