115.777(3)
(3) A local educational agency shall do all of the following:
115.777(3)(a)
(a) Establish written procedures for accepting and processing referrals.
115.777(3)(b)
(b) Document and date the receipt of each referral.
115.777(3)(c)
(c) Provide information and in-service opportunities to all of its licensed staff to familiarize them with the agency's referral procedures.
115.777(3)(d)
(d) At least annually, inform parents and persons required to make referrals under
sub. (1) (a) about the agency's referral and evaluation procedures.
115.777 History
History: 1997 a. 164;
1999 a. 117.
115.78
115.78
Individualized education program team; timeline. 115.78(1)(1)
Definition. In this section, for a child who is attending a public school in a nonresident school district under
s. 118.51 or
121.84 (1) (a) or
(4), "local educational agency" means the school board of the school district that the child is attending.
115.78(1m)
(1m) Appointment of Team. 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:
115.78(1m)(b)
(b) At least one regular education teacher of the child if the child is, or may be, participating in a regular educational environment.
115.78(1m)(c)
(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.
115.78(1m)(d)
(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 curriculum and is knowledgeable about and authorized to commit the available resources of the local educational agency.
115.78(1m)(e)
(e) An individual who can interpret the instructional implications of evaluation results, who may be a team participant under
pars. (b) to
(d) or
(f).
115.78(1m)(f)
(f) At the discretion of the parent or the local educational agency, other individuals who have knowledge or special expertise about the child, including related services personnel as appropriate.
115.78(2)
(2) Duties of Team. The individualized education program team shall do all of the following:
115.78(2)(a)
(a) 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.
115.78(3)(a)(a) The local educational agency shall notify the parents of the educational placement of their child within 90 days after the local educational agency receives a special education referral for the child under
s. 115.777 or initiates a reevaluation of the child under
s. 115.782 (4).
115.78(3)(b)
(b) Before the expiration of the 90-day period, if a local educational agency needs an extension, it shall inform the child's parent of the need and reasons for an extension and request the child's parent to agree in writing to a specific extension of time beyond the 90-day period.
115.78(3)(c)
(c) If the parent does not agree to an extension, the local educational agency may request an extension from the division. The local educational agency shall inform the division of the reasons for the request. The division may grant a specific extension of time beyond the 90-day period if the local educational agency shows that it has acted in good faith and that there is good cause to grant the extension. If the division grants an extension, it shall notify the parent of the extension and the reasons for granting it.
115.78(3)(d)
(d) Subject to
pars. (a) to
(c), if the parents of the child or the local educational agency staff determines at any point during the process of the evaluation, development of the individualized education program or placement of the child that additional time is needed to permit meaningful parental participation, the local educational agency shall provide it.
115.78(4)
(4) Information. At the beginning of any meeting to address the evaluation, individualized education program or placement of a child, the local educational agency staff shall inform the child's parents of their right to be provided with additional time under
sub. (3) (d) and their right to a copy of the evaluation report under
s. 115.782 (3) (b) or
(c).
115.78 History
History: 1997 a. 164;
1999 a. 117.
115.782(1)(a)(a) The local educational agency shall notify the parents of the child, in accordance with
s. 115.792, of any evaluation procedures the agency proposes to conduct, the qualifications of the individuals who will conduct the evaluation and their names, if known.
115.782(1)(b)
(b) The local educational agency proposing to conduct an initial evaluation shall obtain informed consent from the child's parent before the evaluation is conducted. Parental consent for the evaluation does not constitute consent for placement for receipt of special education and related services. If the child's parents do not consent to the evaluation, the local educational agency may continue to pursue an evaluation by using the procedures under
s. 115.797 or
115.80.
115.782(2)(a)(a) In conducting the evaluation, the individualized education program team shall not use any single procedure as the sole criterion for determining whether a child is a child with a disability or for determining an appropriate educational program for the child. The individualized education program team shall do all of the following:
115.782(2)(a)1.
1. Use a variety of assessment tools and strategies to gather relevant functional and developmental information, including information provided by the child's parent, that may assist in determining whether the child is a child with a disability and the content of the child's individualized education program, including information related to enabling the child to be involved in and progress in the general curriculum or, for preschool children, to participate in appropriate activities.
115.782(2)(a)2.
2. Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.
115.782(2)(a)3.a.
a. That tests and other evaluation materials used to assess a child under this section are selected and administered so as not to be racially or culturally discriminatory and are provided and administered in the child's native language or other mode of communication, unless it is clearly not feasible to do so.
115.782(2)(a)3.b.
b. That any standardized tests that are given to the child have been validated for the specific purpose for which they are used, are administered by trained and knowledgeable personnel and are administered in accordance with any instructions provided by the producer of such tests.
115.782(2)(a)3.c.
c. That the child is assessed in all areas of suspected disability.
115.782(2)(a)3.d.
d. That assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are used.
115.782(2)(b)
(b) As part of an initial evaluation of a child and as part of any reevaluation of a child under
sub. (4), the individualized education program team and other qualified professionals, as determined by the local educational agency, shall do all of the following:
115.782(2)(b)1.
1. Review existing evaluation data on the child, including evaluations and information provided by the child's parents, previous interventions and the effects of those interventions, current classroom-based assessments and observations, and observations by teachers and related services providers.
115.782(2)(b)2.
2. On the basis of that review and information provided by the child's parents, identify the additional data, if any, that are needed, and the qualifications of the evaluators that are needed, to determine all of the following:
115.782(2)(b)2.a.
a. Whether the child has a particular category of disability or, in case of a reevaluation of a child, whether the child continues to have such a disability.
115.782(2)(b)2.b.
b. The present levels of performance and educational needs of the child.
115.782(2)(b)2.c.
c. Whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services.
115.782(2)(b)2.d.
d. Whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable, annual goals specified in the child's individualized education program and to participate, as appropriate, in the general curriculum.
115.782(2)(c)
(c) The local educational agency shall administer such tests and other evaluation materials as may be needed to produce the data identified under
par. (b) 2.
115.782(2)(d)
(d) If a child is attending a public school in a nonresident school district under
s. 118.51 or
121.84 (1) (a) or
(4), when the individualized education program team conducts its initial evaluation of the child or any reevaluation of the child under
sub. (4), the team shall include at least one person designated by the school board of the child's school district of residence who has knowledge or special expertise about the child.
115.782(2)(e)
(e) Each individualized education program team participant who administers tests, assessments or other evaluation materials as part of an evaluation or reevaluation of a child under this section shall prepare and make available to all team participants at a team meeting a written summary of the participant's findings that will assist with program planning.
115.782(3)
(3) Determination of eligibility for special education. 115.782(3)(a)(a) Upon the completion of the administration of tests and other evaluation materials, the individualized education program team shall determine whether the child is a child with a disability. The individualized education program team may not determine that a child is a child with a disability solely because the child has received insufficient instruction in reading or math or because the child has limited proficiency in English.
115.782(3)(b)
(b) If the individualized education program team determines that a child is a child with a disability, the team shall prepare an evaluation report that includes documentation of determination of eligibility. The local educational agency shall ask each individualized education program team participant if he or she wants a copy of the evaluation report or additional time before the individualized education program team develops the child's individualized education program. If any individualized education program team participant requests a copy of the evaluation report at any point in the process of developing the child's individualized education program or considering the child's educational placement, the local educational agency shall give a copy of the report to each individualized education program team participant before continuing with the process. If no individualized education program team participant requests a copy of the evaluation report, the local educational agency shall give a copy to the child's parents with the notice of placement under
s. 115.792 (2).
115.782(3)(c)
(c) If the individualized education program team determines that a child is not a child with a disability, the team shall prepare an evaluation report. The report shall identify any educational needs of the child and any services offered by the local educational agency from which the child may benefit and shall include information about any programs and services, other than those offered by the local educational agency, that may benefit the child. The local educational agency shall give a copy of the evaluation report to the child's parents with the notice under
s. 115.792 (1) (b).
115.782(4)(a)(a) A local educational agency shall ensure that the individualized education program team does all of the following:
115.782(4)(a)1.
1. Evaluates a child with a disability in accordance with this section before determining that the child is no longer a child with a disability.
115.782(4)(a)2.
2. Reevaluates a child with a disability in accordance with this section if the local educational agency determines that conditions warrant a reevaluation or if the child's parent or teacher requests a reevaluation, but at least once every 3 years.
115.782(4)(b)
(b) The local educational agency shall obtain informed consent from the child's parent before reevaluating a child with a disability, except that such consent need not be obtained if the local educational agency has taken reasonable measures to obtain such consent and the child's parents have failed to respond.
115.782(4)(c)
(c) If the individualized education program team and other qualified professionals, as determined by the local educational agency, find under
sub. (2) (b) 2. that no additional data are needed to determine whether the child continues to be a child with a disability, the local educational agency shall notify the child's parents of that finding and the reasons for it and the right of the child's parents to request an assessment to determine whether the child continues to be a child with a disability. The local educational agency is not required to conduct such an assessment unless the child's parents request it.
115.782 History
History: 1997 a. 164;
1999 a. 117.
115.787
115.787
Individualized education programs. 115.787(1)(1)
Requirement that program be in effect. At the beginning of each school year, each local educational agency shall have in effect, for each child with a disability, an individualized education program.
115.787(2)
(2) Required components. An individualized education program shall include all of the following:
115.787(2)(a)
(a) A statement of the child's present level of educational performance, including how the child's disability affects the child's involvement and progress in the general curriculum or, for a preschool child, as appropriate, how the disability affects the child's participation in appropriate activities.
115.787(2)(b)
(b) A statement of measurable annual goals for the child, including benchmarks or short-term objectives, related to meeting the child's needs that result from the child's disability to enable the child to be involved in and progress in the general curriculum, and to meeting each of the child's other educational needs that result from the child's disability.
115.787(2)(c)
(c) A statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child to do all of the following:
115.787(2)(c)2.
2. Be involved and progress in the general curriculum in accordance with
par. (a) and participate in extracurricular and other nonacademic activities.
115.787(2)(c)3.
3. Be educated and participate with other children with disabilities and nondisabled children in the activities described in this subsection.
115.787(2)(d)
(d) An explanation of the extent to which the child will not participate with nondisabled children in regular classes, in the general curriculum and in extracurricular and other nonacademic activities.
115.787(2)(e)1.1. A statement of any individual modifications in the administration of any statewide or local educational agency-wide assessment of pupil achievement that are needed for the child to participate in the assessment.
115.787(2)(e)2.
2. If the individualized education program team determines that a child will not participate in a particular statewide or local educational agency-wide assessment of pupil achievement, or part of such an assessment, a statement of why that assessment is not appropriate for the child and how the child will be assessed through alternative means.
115.787(2)(f)
(f) The projected date for the beginning of the services and modifications described in
par. (c) and the anticipated frequency, location and duration of those services and modifications.
115.787(2)(g)1.1. Beginning when the child attains the age of 14, and annually thereafter until the child is no longer eligible for special education and related services, a statement identifying the courses of study needed to prepare the child for a successful transition to his or her goals for life after secondary school, such as participation in advanced placement courses or a vocational education program.
115.787(2)(g)2.
2. Beginning when the child attains the age of 16, or earlier if that is determined to be appropriate by the individualized education program team, and annually thereafter until the child is no longer eligible for special education and related services, a statement of the needed transition services of the child, including, when appropriate, a statement of the interagency responsibilities or any cooperative arrangements between and among persons.
115.787(2)(g)3.
3. Beginning at least one year before the child attains the age of 18, and annually thereafter until the child is no longer eligible for special education and related services, a statement that the child has been informed of the parental rights that will transfer to the child on reaching the age of 18 under
s. 115.807.
115.787(2)(h)1.
1. How the child's progress toward the annual goals described in
par. (b) will be measured.
115.787(2)(h)2.
2. How the child's parents will be regularly informed, at least as often as parents are informed of their nondisabled children's progress, of their child's progress toward the annual goals and the extent to which that progress is sufficient to enable the child to achieve the goals by the end of the effective period of the individualized education program.
115.787(3)(a)(a) In developing each child's individualized education program, the individualized education program team shall consider the strengths of the child, the concerns of the child's parents for enhancing the education of their child and the results of the initial evaluation or most recent reevaluation of the child.
115.787(3)(b)
(b) The individualized education program team shall do all of the following:
115.787(3)(b)1.
1. In the case of a child whose behavior impedes his or her learning or that of others consider, when appropriate, strategies, including positive behavioral interventions, and supports to address that behavior.
115.787(3)(b)2.
2. In the case of a child with limited English proficiency, consider the language needs of the child as such needs relate to the child's individualized education program.
115.787(3)(b)3.
3. In the case of a child who is visually impaired, provide for instruction in Braille and the use of Braille unless the individualized education program team determines, after an evaluation of the child's reading and writing skills, needs and appropriate reading and writing media, including an evaluation of the child's future needs for instruction in Braille or the use of Braille, that instruction in Braille or the use of Braille is not appropriate for the child.
115.787(3)(b)4.
4. Consider the communicative needs of the child, and, in the case of a child who is hearing impaired, consider the child's language and communicative needs, opportunities for direct communications with peers and professional personnel in the child's language and communicative mode, academic level and full range of needs, including opportunities for direct instruction in the child's language and communicative mode.
