115.77(8)(8)The local educational agency shall serve children with disabilities who are attending a charter school under contract with the local educational agency under s. 118.40 in the same manner as it serves children with disabilities attending schools of the local educational agency, and shall provide funds under this subchapter to such charter schools on the same basis as it provides funds under this subchapter to schools of the local educational agency, including proportional distribution based on enrollment of children with disabilities, and at the same time as it distributes other federal funds to the agency’s other schools.
115.77(9)(9)The local educational agency shall exercise its authority in compliance with 20 USC 1415 (k).
115.77 HistoryHistory: 1997 a. 164; 1999 a. 117; 2005 a. 258; 2009 a. 180; 2015 a. 55; 2017 a. 36, 59.
115.77 AnnotationWhen there was no reasonable cause to believe that a student was emotionally disturbed and required special education, there was no obligation to submit an exceptional needs referral on the student’s behalf. Hoffman v. East Troy Community School District, 38 F. Supp. 2d 750 (1999).
115.775115.775Duties of operators of certain charter schools.
115.775(1)(1)Except as provided in sub. (2), an operator of a charter school under s. 118.40 (2r) or (2x) is a local educational agency, as defined in 20 USC 1401 (19), and shall comply with 20 USC 1400 to 1482.
115.775(2)(2)The board of directors of the school district operating under ch. 119 is a local educational agency under this section and shall comply with 20 USC 1400 to 1482 if the board of directors enters into a written agreement with an operator of a charter school under s. 118.40 (2r) or (2x) under which the board of directors agrees to serve as the local educational agency.
115.775 HistoryHistory: 1999 a. 9; 2005 a. 258; 2015 a. 55.
115.777115.777Special education referrals.
115.777(1)(1)
115.777(1)(a)(a) A physician, nurse, psychologist, social worker or administrator of a social agency who reasonably believes that a child brought to him or her for services has a disability shall refer the child to the local educational agency. If the local educational agency to whom the referral is made is the school district in which the child resides but the child is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), the school board of the school district in which the child resides shall provide the name of the child and related information to the school board of the school district that the child is attending.
115.777(1)(b)(b) A person who is required to be licensed under s. 115.28 (7), who is employed by a local educational agency and who reasonably believes a child has a disability, shall refer the child to the local educational agency. If the local educational agency to whom the referral is made is the school district that the child is attending but the child is a nonresident attending a public school in that school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), the school board of the school district that the child is attending shall provide the name of the child and related information to the school board of the child’s school district of residence.
115.777(1)(c)(c) Any person other than those specified under par. (a) or (b) who reasonably believes that a child is a child with a disability may refer the child to a local educational agency. If the local educational agency to whom the referral is made is the school district in which the child resides but the child is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), the school board of the school district in which the child resides shall provide the name of the child and related information to the school board of the school district that the child is attending.
115.777(2)(2)
115.777(2)(a)(a) All referrals shall be in writing and shall include the name of the child and the reasons why the person believes that the child is a child with a disability.
115.777(2)(b)(b) Before submitting a referral to a local educational agency under sub. (1) (a) or (b), a person required to make a referral under sub. (1) (a) or (b) shall inform the child’s parent that he or she is going to submit the referral.
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(3)(e)(e) Within 15 business days of receiving a referral, send to the child’s parents a request for consent to evaluate the child under s. 115.782 except that if the local educational agency determines that no additional data are necessary, the agency shall notify the child’s parent of that determination within 15 business days of receiving the referral.
115.777 HistoryHistory: 1997 a. 164; 1999 a. 117; 2005 a. 258; 2015 a. 55.
115.78115.78Individualized 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. 118.50, 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)(a)(a) The parents of the child.
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 recent training or experience related to the child’s known or suspected area of special education needs or, where appropriate, at least one special education provider of the child.