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 child 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 percent 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(2)(c)
(c) If the child is attending a public school in a nonresident school district under
s. 118.50, the school district specified to do so in the whole grade sharing agreement shall provide transportation.
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-time or part-time licensed teachers, licensed coordinators of special education, school nurses, licensed school social workers, licensed school psychologists, licensed school counselors, 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 substitute teaching and paraprofessional staffing services, physical or occupational therapy services, orientation and mobility training services, educational interpreter services, educational audiology, speech and language therapy, pupil transition services for eligible pupils who are 18 to 21 years old, or any service approved by the state superintendent, on the basis of demonstrated need. A school board may contract with a charter school to provide special education services to pupils attending the charter school if the charter school is under contract with the school board under
s. 118.40 (2m) and the charter school is not an instrumentality of the school district.
115.88(1m)(a)(a) Subject to
par. (b), upon receipt of the plan under
s. 115.77 (4), if 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); the salary portion of any authorized contract for services under
sub. (1); the salary portion of any contract to provide special education services to pupils attending a charter school, as authorized under
sub. (1); and other expenses approved by the state superintendent, as costs eligible for reimbursement from the appropriation under
s. 20.255 (2) (b).
115.88(1m)(am)
(am) Subject to
par. (b), if the operator of a charter school established under
s. 118.40 (2r) or
(2x) operates a special education program and the state superintendent is satisfied that the operator of the charter school is complying with
20 USC 1400 to
1491o, the state superintendent shall certify to the department of administration in favor of the operator of the charter school a sum equal to the amount that the operator of the charter school expended during the previous school year for salaries of full-time or part-time licensed teachers, licensed coordinators of special education, school nurses, licensed school social workers, licensed school psychologists, licensed school counselors, 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, as determined by the state superintendent, as costs eligible for reimbursement from the appropriation under
s. 20.255 (2) (b). The state superintendent may audit costs under this paragraph and adjust reimbursement to cover only actual, eligible costs.
115.88(1m)(b)
(b) The department shall promulgate rules establishing the percentage of the salaries of school nurses, licensed school social workers, licensed school psychologists, and licensed school counselors that may be certified under
pars. (a) and
(am) as costs eligible for reimbursement. For each category of personnel, the department shall base the percentage on the average percentage of work time that the category spends providing services to children with disabilities, including conducting evaluations under
s. 115.782.
115.88 Cross-reference
Cross-reference: See also ch.
PI 30, Wis. adm. code.
115.88(2)
(2) Transportation aid. If upon receipt of the plan under
s. 115.77 (4) the state superintendent is satisfied that the transportation of children with disabilities has been maintained during the preceding year in accordance with the law, the state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency, or school district transporting such pupils an amount equal to the amount expended for such transportation as costs eligible for reimbursement from the appropriation under
s. 20.255 (2) (b). Pupils for whom aid is paid under this subsection shall not be eligible for aid under
s. 121.58 (2) or
(4). This subsection applies to any child with a disability who requires special assistance in transportation, including any such child attending regular classes who requires special or additional transportation. This subsection does not apply to any child with a disability attending regular or special classes who does not require any special or additional transportation.
115.88(2m)
(2m) Other transportation aid. If the operator of a charter school established under
s. 118.40 (2r) or
(2x) or established as a noninstrumentality charter school under
s. 118.40 (2m) transports children with disabilities and the state superintendent is satisfied that the operator of the charter school is complying with
20 USC 1400 to
1491o, the state superintendent shall certify to the department of administration in favor of the operator of the charter school a sum equal to the amount that the operator of the charter school expended during the previous school year for transportation under this subsection as costs eligible for reimbursement from the appropriations under
s. 20.255 (2) (b). The state superintendent may audit costs under this subsection and adjust reimbursement to cover only actual, eligible costs.
115.88(3)
(3) Board and lodging aid. There shall be paid the amount expended for board and lodging and transportation between the boarding home and the special education program of nonresident children enrolled under
s. 115.82 (1) in the special education program. The department shall certify to the department of administration in favor of each school district, cooperative educational service agency, county children with disabilities education board, state agency of another state or private, nonsectarian special education service which operates the special education program while providing board, lodging and transportation an amount equal to the amount expended for such board and lodging and transportation as costs eligible for reimbursement from the appropriation under
s. 20.255 (2) (b).
115.88(4)
(4) Hospitals and convalescent home aid. The full cost of special education for children in hospitals and convalescent homes for orthopedically disabled children shall be paid from the appropriation under
s. 20.255 (2) (b). The supervision of such instruction shall be under the department and the school board of the school district in which the hospital or convalescent home is located. The school board of the district in which the hospital or convalescent home is located shall submit to the department an itemized statement of all revenues and expenditures for the actual cost of such instruction and any other information it requires.
115.88(6)
(6) Aid for instruction outside of district. The department shall certify to the department of administration, in favor of each school district, an amount equal to the amount expended for salaries and travel expenses, as determined in advance by the state superintendent, for providing special education outside the school district of employment, as eligible for reimbursement from the appropriation under
s. 20.255 (2) (b).
115.88(7)
(7) Offsetting receipts. In any school year, the following revenues shall be deducted from costs aidable under this section before aids are calculated under this section:
115.88(7)(a)
(a) Any federal operational revenues expended on costs aidable under this section.
115.88(7)(b)
(b) That portion of state tuition payments attributable to the special annual tuition rate under
s. 121.83 (1) (c), regardless of the school year in which the services were provided. The tuition revenues shall be allocated to the most appropriate part of a program.
115.88(8)
(8) Enrollment out of state. If a child with a disability is enrolled in a public special education program located in another state and the state superintendent is satisfied that the program in which the child is enrolled complies with this subchapter, the state superintendent shall certify to the department of administration in favor of the school district in which the child resides or the school district attended by the child under
s. 118.50,
118.51, or
121.84 (1) (a) or
(4) a sum equal to the amount expended by the school district during the preceding year for the additional costs associated with the child's special education program as costs eligible for reimbursement from the appropriation under
s. 20.255 (2) (b).
115.88(9)
(9) Distribution schedule. Each county, cooperative educational service agency, operator of a charter school established under
s. 118.40 (2r) or
(2x) and school district entitled to state aid under this section shall receive 15 percent of its total aid entitlement in each month from November to March and 25 percent of its total entitlement in June.
115.881
115.881
Additional special education aid. 115.881(1)
(1) A school board, board of control of a cooperative educational service agency, county children with disabilities education board, or operator of a charter school established under
s. 118.40 (2r) or
(2x) may apply to the department for aid under this section if the applicant incurred, in the previous school year, more than $30,000 of nonadministrative costs for providing special education and related services to a child and those costs were not eligible for reimbursement under
s. 115.88,
115.93, or
118.255,
20 USC 1400 et seq., or federal medicaid.
115.881(2)
(2) For each child whose costs exceeded $30,000 under
sub. (1), the department shall, from the appropriation under
s. 20.255 (2) (bd), pay an eligible applicant in the current school year an amount equal to 0.70 multiplied by that portion of the cost under
sub. (1) that exceeded $30,000.
115.881(3)
(3) If the appropriation under
s. 20.255 (2) (bd) is insufficient to pay the full amount of costs under
sub. (2), the department shall prorate payments among eligible applicants.
115.881(4)
(4) A school district receiving aid under
s. 115.883 in any school year is not eligible for aid under this section in that school year.
115.881 History
History: 2005 a. 25;
2007 a. 20;
2015 a. 55.
115.881 Cross-reference
Cross-reference: See also ch.
PI 30, Wis. adm. code.
115.882
115.882
Payment of state aid. Funds appropriated under
s. 20.255 (2) (b) shall be used first for the purpose of
s. 115.88 (4). Costs eligible for reimbursement from the appropriation under
s. 20.255 (2) (b) under
ss. 115.88 (1m) to
(3),
(6) and
(8),
115.93, and
118.255 (4) shall be reimbursed at a rate set to distribute the full amount appropriated for reimbursement for the costs, not to exceed 100 percent.
115.883
115.883
Supplemental special education aid. 115.883(1)(1) Beginning in the 2008-09 school year, from the appropriation under
s. 20.255 (2) (be), the department shall pay supplemental special education aid to school districts to which all of the following apply:
115.883(1)(a)
(a) In the previous school year, the school district's revenue authority per pupil under
subch. VII of ch. 121 was below the statewide average.
115.883(1)(b)
(b) In the previous school year, the school district's expenditures for special education constituted more than 16 percent of the school district's total expenditures.
115.883(1)(c)
(c) In the previous school year, the school district's membership, as defined in
s. 121.004 (5), was less than 2,000 pupils.
115.883(1m)
(1m) If, in the 2015-16 school year, a school district is not eligible for aid under
sub. (1), the department shall, from the appropriation under
s. 20.255 (2) (be) and in the manner specified under
sub. (2) (a) for school districts eligible for aid under
sub. (1), pay supplemental special education aid to the school district if all of the following apply:
115.883(1m)(a)
(a) In the 2014-15 school year, the school district's revenue authority per pupil under
subch. VII of ch. 121 was below the statewide average.
115.883(1m)(b)
(b) In the 2014-15 school year, the school district's membership, as defined in
s. 121.004 (5), was less than 2,000 pupils.
115.883(1m)(c)
(c) The school district qualified for aid under this section in the 2013-14 school year.
115.883(1m)(d)
(d) In the 2013-14 school year, the school district experienced a natural disaster, including a fire, that caused the school district's total costs to increase such that the school district's expenditures for special education constituted less than 16 percent of the school district's total expenditures in the 2014-15 school year.
115.883(2)(a)(a) In the 2008-09 school year, the department shall pay each school district eligible for aid under this section the same amount. In each school year thereafter, the department shall distribute aid under this section to eligible school districts proportionally based upon each school district's expenditures for special education in the previous school year, except that in any school year a school district, other than a school district described in
par. (b), may receive not less than $50,000, and not more than $150,000 or an amount equal to 50 percent of the school district's expenditures for special education in the previous school year, whichever is less.
115.883(2)(b)
(b) If, at the end of the 2014-15 fiscal year and after distributing aid to eligible school districts in the manner specified under
par. (a), there are any moneys remaining in the appropriation under
s. 20.255 (2) (be), the department shall distribute the balance of the funds remaining in that appropriation to a school district to which all of the following apply:
115.883(2)(b)1.
1. In the 2013-14 school year, the school district's revenue authority per pupil under
subch. VII of ch. 121 was below the statewide average.
115.883(2)(b)2.
2. In the 2013-14 school year, the school district's membership, as defined in
s. 121.004 (5), was less than 2,000 pupils.
115.883(2)(b)3.
3. The school district qualified for aid under this section in the 2013-14 school year.
115.883(2)(b)4.
4. In the 2013-14 school year, the school district experienced a natural disaster, including a fire, that caused the school district's total costs to increase such that the school district's expenditures for special education constituted less than 16 percent of the school district's total expenditures in that school year.
115.883(3)
(3) A school district receiving aid under
s. 115.881 in any school year is not eligible for aid under this section in that school year.
115.883 History
History: 2007 a. 20;
2015 a. 55.
115.884
115.884
Special education transition grants. 115.884(1)
(1) In the 2016-17 school year, from the appropriation under
s. 20.255 (2) (bf), the department shall award an incentive grant in the amount of $1,000 per individual to a school district, or to an operator of a charter school established under
s. 118.40 (2r), that applies for a grant under this section and that demonstrates to the satisfaction of the department that the individual satisfies all of the following criteria:
115.884(1)(a)
(a) The individual was enrolled in a school in the school district or in the charter school in the 2014-15 or 2015-16 school year and, at the time of his or her enrollment, an individualized education program was in effect for the individual.
115.884(1)(b)
(b) At the time the school district or the operator of the charter school applies to receive an incentive grant under this section, one of the following criteria applies to the individual described in
par. (a):
115.884(1)(b)1.
1. The individual had enrolled in a higher education program within one year of leaving high school. In this subdivision, “higher education program" means a 4-year program at a college or university, a 2-year program at a college or community college, or a 2-year program at a technical college.
115.884(1)(b)2.
2. The individual had enrolled in other postsecondary education or training within one year of leaving high school. In this subdivision, “other postsecondary education or training" includes a high school completion or equivalency program, a vocational school, an apprenticeship or short-term training program, an on-the-job training program, an adult education program, and a program, other than a 2-year program, at a vocational or technical school.
115.884(1)(b)3.
3. The individual had been, or remains, competitively employed within one year of leaving high school. In this subdivision, “competitively employed" means 90 days or more of cumulative or consecutive work paying minimum wage or greater for an average of at least 20 hours per week in a setting with others who are not disabled.
115.884(2)
(2) If the appropriation under
s. 20.255 (2) (bf) in the 2016-17 school year is insufficient to pay the full amount under
sub. (1), the department shall prorate the amount of its payments among school districts and operators of charter schools established under
s. 118.40 (2r) that are eligible for an incentive grant under this section.
115.884 History
History: 2015 a. 55.
115.897
115.897
Exhaustion of remedies. Before the filing of a civil action under any federal law seeking any relief that is also available under this subchapter, the procedures under
s. 115.80 shall be exhausted to the same extent as would be required had the action been brought under this subchapter.
115.897 History
History: 1997 a. 164.
115.898 History
History: 1997 a. 164.
115.90
115.90
Noncompliance; remedies. 115.90(1)
(1) If, as the result of a monitoring procedure or a complaint investigation, the state superintendent finds that a local educational agency has violated this subchapter, the state superintendent may require the local educational agency to submit a corrective plan addressing the violation.
115.90(2)
(2) If the state superintendent, after reasonable notice and an opportunity for a hearing, finds that a local educational agency has failed to comply with any requirement in this subchapter, the state superintendent shall reduce or eliminate special education aid to the local educational agency until he or she is satisfied that the local educational agency is complying with that requirement.
115.90(3)
(3) If the state superintendent finds that a corrective plan under
sub. (1) has not been implemented, or that withholding aid under
sub. (2) has been inadequate to ensure compliance with this subchapter, the state superintendent shall request the attorney general to proceed against the local educational agency for injunctive or other appropriate relief.
115.90 History
History: 1997 a. 164.
EDUCATION FOR SCHOOL AGE PARENTS
115.91
115.91
Definition. In this subchapter, “school age parent" means any person under the age of 21 who is not a high school graduate and is a parent, an expectant parent or a person who has been pregnant within the immediately preceding 120 days.
