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)(a)(a) A school board, board of control of a cooperative educational service agency, operator of a charter school established under s.
118.40 (2r) or
(2x), operator of a school under a contract with a school board under s.
118.40 that is not an instrumentality of a school district, 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.
115.88(1)(b)
(b) A school board, board of control of a cooperative educational service agency, operator of a charter school established under s.
118.40 (2r) or
(2x), operator of a school under a contract with a school board under s.
118.40 that is not an instrumentality of a school district, or, upon authorization of the county board, a county children with disabilities education 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.
115.88(1m)(a)
(a) Subject to par.
(b), 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, charter school established under s.
118.40 (2r) or
(2x), and school district maintaining such special education program a sum equal to the amount expended by the county, agency, charter school, and school district during the preceding year for salaries of personnel and services enumerated in sub.
(1) (a) and
(b) 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)(ag)
(ag) Subject to par.
(b), if the state superintendent is satisfied that the special education program of an operator of a school under a contract with a school board under s.
118.40 that is not an instrumentality of a school district has been maintained during the previous school year in accordance with law, the state superintendent shall certify to the department of administration in favor of the school board a sum equal to the amount expended by the operator during the previous school year for salaries of personnel and services enumerated in sub.
(1) (a) and
(b) and other expenses approved by the state superintendent as costs eligible for reimbursement from the appropriation under s.
20.255 (2) (b). Within 30 days of its receipt, the school board shall pay to the operator of the school under a contract with the school board the aid received under this paragraph.
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 par.
(a) 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(2m)
(2m) Special or additional transportation; aid. 115.88(2m)(a)(a) A school board, board of control of a cooperative educational service agency, operator of a charter school established under s.
118.40 (2r) or
(2x), or, upon authorization of the county board, a county children with disabilities education board shall provide special or additional transportation as required in the individualized education program developed for the child with a disability under s.
115.787 (2) or as required under s.
121.54 (3). The operator of a school under a contract with a school board under s.
118.40 that is not an instrumentality of the school district shall provide special or additional transportation under this paragraph if the contract between the operator and the school board requires the operator to provide the special or additional transportation.
115.88(2m)(b)
(b) If the state superintendent is satisfied that a school board, board of control, operator of a charter school established under s.
118.40 (2r) or
(2x), or county children with disabilities education board has provided special or additional transportation during the previous school year as described under par.
(a), the state superintendent shall certify to the department of administration in favor of the school board, board of control, operator of the charter school, or county children with disabilities education board providing the transportation a sum equal to the amount expended by the school board, board of control, operator of the charter school, or county children with disabilities education board during the previous school year as costs eligible for reimbursement from the appropriations under s.
20.255 (2) (b).
115.88(2m)(c)
(c) If the state superintendent is satisfied that the operator of a school under a contract with a school board under s.
118.40 that is not an instrumentality of the school district has provided special or additional transportation during the previous school year as described under par.
(a), the state superintendent shall certify to the department of administration in favor of the school board a sum equal to the amount expended by the operator during the previous school year for providing the transportation as costs eligible for reimbursement from the appropriation under s.
20.255 (2) (b). Within 30 days of its receipt, the school board shall pay to the operator of the school under a contract with the school board the aid received under this paragraph.
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.
115.88(10)
(10) Audit of eligible costs. The state superintendent may audit costs under this section and adjust the amounts eligible for reimbursement to cover only actual, eligible costs.
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 0.90 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 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 and each school year thereafter, 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) or
(2x), 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) During the school year prior to the school year preceding the school year in which a school district or operator of the charter school applies to receive a grant under this section, all of the following criteria apply to the individual:
115.884(1)(a)1.
1. The individual was enrolled in a high school in the school district or in a high school grade in the charter school.
115.884(1)(a)2.
2. The individual exited the high school in the school district or exited the charter school.
115.884(1)(a)3.
3. 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 a grant under this section, one of the following criteria applies to the individual:
115.884(1)(b)1.
1. The individual had enrolled in a higher education program within one year of exiting 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 exiting 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 exiting 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 any fiscal 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) or
(2x) that are eligible for an incentive grant under this section.
115.884 History
History: 2015 a. 55;
2017 a. 59.
115.885
115.885
Special education transition readiness grant program. 115.885(1)(1)
Beginning in the 2018-19 school year, the department shall award grants to school districts and charter schools under s.
118.40 (2r) and
(2x) to fund special education workforce transition support services, including pupil transportation, professional development for school personnel, and employing adequate school personnel.
115.885(2)
(2) The department shall award grants under sub.
(1) from the appropriation under s.
20.255 (2) (bg). The department may not award a grant under sub.
(1) in an amount that is less than $25,000 nor more than $100,000.
115.885(3)
(3) The department shall promulgate rules to implement and administer this section.
115.885 History
History: 2017 a. 59;
2017 a. 364 s.
49.
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
