115.80 History
History: 1997 a. 164,
251;
1999 a. 117.
115.80 Annotation
The "continuing violation" doctrine did not apply to defeat the one-year statute of limitations in sub. (1) (a) 1. for filing a due process hearing request. Vandenberg v. Appleton Area School District,
252 F. Supp. 2d 786 (2003).
115.807
115.807
Transfer of parental rights at age of majority. When a child with a disability, other than a child with a disability who has been determined to be incompetent under
ch. 880, reaches the age of 18, all of the following apply:
115.807(1)
(1) The local educational agency shall provide any notice required by this subchapter to both the individual and the individual's parents.
115.807(2)
(2) All other rights accorded to the individual's parents under this subchapter transfer to the individual.
115.807(3)
(3) The local educational agency shall notify the individual and the individual's parents of the transfer of rights.
115.807 History
History: 1997 a. 164.
115.81
115.81
Children in child caring institutions. 115.81(1)(b)
(b) "Responsible local educational agency" means the local educational agency that was responsible for providing a free, appropriate public education to the child before the placement of the child in a residential care center for children and youth except that if the child resided in an institution or facility operated by the department of health and family services, a Type 1 secured correctional facility, as defined in
s. 938.02 (19), or a Type 1 prison, as defined in
s. 301.01 (5), before the placement of the child in a residential care center for children and youth, "responsible local educational agency" means the school district in which the residential care center for children and youth is located.
115.81(2)
(2) Establishment of program. Subject to the approval of the division, a residential care center for children and youth may establish and maintain special education and related services for children with disabilities.
115.81(3)(a)(a) Whenever a county department recommends to a court that a child be placed in a residential care center for children and youth or whenever a state agency anticipates placing a child in a residential care center for children and youth, the county department or state agency shall notify the responsible local educational agency.
115.81(3)(b)
(b) For each child identified in a notice under
par. (a), the responsible local educational agency shall do all of the following:
115.81(3)(b)1.
1. If the child is a child with a disability, as soon as reasonably possible and after consulting with a county department or a state agency, as appropriate, appoint an individualized education program team to review and revise, if necessary, the child's individualized education program and develop an educational placement offer.
115.81(3)(b)2.
2. If the child has not been identified as a child with a disability:
115.81(3)(b)2.a.
a. Appoint staff to review the child's education records and develop a status report for the child and send a copy of the report to the county department or state agency, as appropriate, within 30 days after receiving the notice under
par. (a).
115.81(3)(b)2.b.
b. If the responsible local educational agency has reasonable cause to believe that the child is a child with a disability, appoint an individualized education program team to conduct an evaluation of the child under
s. 115.782. The responsible local educational agency may include appropriately licensed staff of the residential care center for children and youth in the team if that staff is available. The individualized education program team shall conduct the evaluation. If the individualized education program team determines that the child is a child with a disability, the individualized education program team, in consultation with a county department or a state agency, as appropriate, shall develop an individualized education program and an educational placement offer.
115.81(4)
(4) Responsibility for educational placement. Whenever the responsible local educational agency offers an educational placement in a residential care center for children and youth under
sub. (3) (b) 1. or
2. b., all of the following apply:
115.81(4)(a)
(a) The responsible local educational agency shall do all of the following:
115.81(4)(a)1.
1. Ensure that the child receives a free appropriate public education.
115.81(4)(a)2.
2. Ensure that the child's treatment and security needs are considered when determining the least restrictive environment for the child.
115.81(4)(a)3.
3. While the child resides at a residential care center for children and youth, appoint an individualized education program team to conduct reevaluations of the child in the manner provided under
s. 115.782 (4).
115.81(4)(a)4.
4. While the child resides at a residential care center for children and youth, after consulting with the residential care center for children and youth and a county department or a state agency, as appropriate, refer the child to another local educational agency if the responsible local educational agency determines that the child's special education needs may be appropriately served in a less restrictive setting in the other local educational agency.
115.81(4)(a)5.
5. If the child is leaving the residential care center for children and youth, assign staff or an individualized education program team to develop a reintegration plan for the child in cooperation with a county department and staff of the residential care center for children and youth.
115.81(4)(b)
(b) The county department or state agency, as appropriate, shall do all of the following:
115.81(4)(b)1.
1. Consider the child's educational needs when selecting a residential care center for children and youth for the child.
115.81(4)(b)2.
2. In cooperation with the responsible local educational agency and staff of the residential care center for children and youth, participate in the individualized education program team evaluation of the child and the development of the individualized education program for the child.
115.81(4)(b)3.
3. Notify the local educational agency that will be responsible for providing a free, appropriate public education to the child whenever the county department or state agency anticipates removing the child from the residential care center for children and youth.
115.81(4)(b)4.
4. In cooperation with the responsible local educational agency and staff of the residential care center for children and youth, develop a reintegration plan for the child if the child is leaving the residential care center for children and youth.
115.81(4)(b)5.
5. Pay all of the residential care center for children and youth related costs of educating the child while the child resides in the residential care center for children and youth.
115.81(4)(c)
(c) Whenever a local educational agency receives a referral under
par. (a) 4., the local educational agency shall assign staff to determine whether the child can appropriately receive special education and related services provided in the local educational agency. If the assigned staff determine that the child can appropriately receive special education and related services in the local educational agency, the local educational agency shall provide such services for the child and is eligible for state tuition payments under
s. 121.79 (1) (a). If the assigned staff determine that the child cannot appropriately receive special education and related services in the local educational agency, the local educational agency shall keep a written record of the reasons for that determination.
115.81 History
History: 1997 a. 164,
237,
252;
2001 a. 59.
115.812
115.812
Placement disputes; school board referrals; interagency cooperation. 115.812(1)
(1)
Placement disputes. If a dispute arises between a local educational agency 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 local educational agencies under
s. 115.81 (4) (c), over the placement of a child, the state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under
s. 48.57 (1) (c) and to placements in child caring institutions made under
s. 115.81.
115.812(2)
(2) School board referrals. Annually on or before August 15, each local educational agency shall report to the appropriate county departments under
ss. 51.42 and
51.437 the names of children who reside in the local educational agency, 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 local educational agency's responsibility to make services available to children with disabilities.
115.812(3)(a)(a) A school board, cooperative educational service agency and county children with disabilities education board may enter into an agreement with a county administrative agency, as defined in
s. HFS 90.03 (10), Wis. adm. code, to allow the employees of the school board, agency or county children with disabilities education board to participate in the performance of evaluations and the development of individualized family service plans under
s. 51.44.
115.812(3)(b)1.1. In this paragraph, "public agency" has the meaning given in
s. 166.20 (1) (i), except that it excludes a local educational agency.
115.812(3)(b)2.
2. If a public agency that is required by federal or state law or by an interagency agreement to provide or pay for the location, identification or evaluation of a child with a disability, including a child with a disability who is not yet 3 years of age, or for assistive technology devices or services, supplementary aids or services, transition services or special education or related services for a child with a disability, and fails to do so, the local educational agency shall provide or pay for the services. The public agency shall reimburse the local educational agency for the cost of providing the services.
115.812 History
History: 1997 a. 164.
115.817
115.817
Children with disabilities education board. 115.817(1)(1)
Definitions. In this section "board" means the county children with disabilities education board.
115.817(2)(a)(a) A county board of supervisors may determine to establish a special education program, including the provision of related services for children with disabilities, for school districts in the county.
115.817(2)(b)
(b) The program may provide for one or more special schools, classes, treatment or instruction centers for children with one or more types of disabilities.
115.817(2)(c)
(c) A school district shall be included under the county program only to the extent approved by formal action of the school board.
115.817(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.
115.817(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.
115.817(3)(c)
(c) The board shall appoint an advisory committee whose membership includes school district administrators representative of the area the board serves.
115.817(4)
(4) Application. Upon authorization of the county board, the board shall apply to the division for the establishment of a program or part of a program to provide special education and related services. The application shall state whether the program or part will be available in the county at large or only to certain school districts.
115.817(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 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.
115.817(5)(b)1.1. At the close of each fiscal year, the board shall employ a certified public accountant licensed or certified under
ch. 442 to audit its accounts and certify the audit. The cost of the audit shall be paid from board funds.
115.817(5)(b)3.
3. The department shall establish by rule a standard contract and minimum standards for audits performed under this paragraph.
115.817(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 children with disabilities 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.
115.817(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 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.
115.817(6)(a)(a) The board may not assign by resolution or by contract the full administrative or instructional services of the board.
115.817(6)(b)
(b) The ability of the board to contract with the board of control of a cooperative educational service agency, a school board or other public agency in the county for a portion of administrative or instructional services is not prohibited by
par. (a). The board shall be responsible for all programs contracted under this paragraph.
115.817(7)(a)(a) The school board of any school district that 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.
115.817(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. 66.0235 to all units which participated in the program, except as provided in
sub. (9m).
115.817(8)
(8) Transportation. The board may promulgate a plan for the transportation at county expense of children who are receiving special education and related services under this section, special education and related services provided at day care centers or special education and related services provided 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).
115.817(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. The tax for the costs associated with the dissolution of the program operated by the Racine County children with disabilities education board that are specified under
sub. (9m) shall continue to be levied only against the area of Racine County that participated in the program before its dissolution.
115.817(9)(b)
(b) Beginning July 1, 1981, no board, except a board that 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.
115.817(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.
115.817(9m)
(9m) Racine County. If the program operated by the Racine County children with disabilities education board is dissolved by the Racine County board of supervisors under
sub. (7) (b), all assets and liabilities shall be distributed as provided under
sub. (7) (b), except that Racine County shall continue to be responsible for paying the costs associated with the postretirement health benefits of former employees of the Racine County children with disabilities education board and the costs incurred under
s. 40.05 (2) (b) before dissolution for the unfunded prior service liability for former employees of the Racine County children with disabilities education board.
115.817(10)(a)(a) The board may apply for and receive the state aid under
s. 115.88 for the transportation, board and lodging, treatment, and instruction of children participating in programs under this section.
115.817(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).
115.817(10)(c)
(c) All state aid shall be paid to the county treasurer and credited to the fund of the board.
115.817(11)
(11) Violations. The state superintendent shall withhold aid from any board that violates this section.
115.82
115.82
Admission and transportation of nonresidents. 115.82(1)(1) A cooperative educational service agency, county children with disabilities education board or school district that provides special education and related services shall admit a nonresident if the program is appropriate for the child's disability. Refusal to admit a child does not relieve the local educational agency that is responsible for providing a free, appropriate public education to the child under this subchapter from that responsibility.
115.82(2)
(2) In addition to the requirements of
s. 121.54 (3), when board and lodging are not furnished to a nonresident child with a disability, the school district in which the child resides shall provide transportation, except as follows:
115.82(2)(a)
(a) If there is a plan of transportation under
s. 115.817 (8), the county children with disabilities education board shall provide transportation.
115.82(2)(b)
(b) If the child is attending a public school in a nonresident school district under
s. 118.51 or
121.84 (1) (a) or
(4), the nonresident school district shall provide transportation.
115.82 History
History: 1997 a. 164;
1999 a. 117.
115.88(1)(1)
Personnel. A school board, board of control of a cooperative educational service agency or, upon authorization of the county board, a county children with disabilities education board may 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 a disability in a class and any other personnel approved by the department. The board may contract with private or public agencies for physical or occupational therapy services on the basis of demonstrated need.
115.88(1m)(a)(a) If, upon receipt of the plan under
s. 115.77 (4), the state superintendent is satisfied that the special education program has been maintained during the preceding school year in accordance with law, the state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency and school district maintaining such special education program a sum equal to the amount expended by the county, agency and school district during the preceding year for salaries of personnel enumerated in
sub. (1), including the salary portion of any authorized contract for physical or occupational therapy services, and other expenses approved by the state superintendent as costs eligible for reimbursement from the appropriation under
s. 20.255 (2) (b).
