PI 11.36(11)(d)2. 2. Observation of the child in his or her daily living environment such as the child’s home, with a parent or caregiver, or an early education or care setting which includes peers who are typically developing. If observation in these settings is not possible, observation in an alternative setting is permitted.

PI 11.36(11)(d)3. 3. Results from norm-referenced instruments shall be used to document significant delays of at least one and one-half standard deviations below the mean in 2 or more of the developmental areas which correspond to the major life activities. If it is clearly not appropriate to use norm-referenced instruments, other instruments, such as criterion referenced measures, shall be used to document the significant delays.

PI 11.36(11)(e) (e) Upon re-evaluation, a child who met initial identification criteria and continues to demonstrate a need for special education under s. PI 11.35, including specially designed instruction, is a child with a disability under this subsection. In conducting the re-evaluation, the IEP team shall consider all other suspected impairments under this section before continuing to identify the child’s primary impairment as significant developmental delay.

PI 11.36 Note Note: With respect to the eligibility criteria under s. PI 11.36, in September 1991 the U.S. department of education issued a memorandum clarifying state and local responsibilities for addressing the educational needs of children with attention deficit disorder (ADD). (See 18 IDELR 116) as a condition of receipt of federal funds under the Individuals with Disabilities Education Act (IDEA), the state and local school districts are bound to comply with the federal policy outlined in that memo. (See e.g. Metropolitan school district of Wayne Township, Marion County, Indiana v. Davila, 969 F. 2d 485 (7th cir. 1992)).

PI 11.36 Note Pursuant to that federal policy memo, a child with ADD is neither automatically eligible nor ineligible for special education and related services under ch. 115, Stats. In considering eligibility, an IEP team must determine whether the child diagnosed with ADD has one or more impairments under this section and a need for special education. For example, pursuant to the federal policy memo, a child with ADD may be eligible for special education and related services under ch. 115, Stats., if the child meets the eligibility criteria for “other health impaired” or any other impairment enumerated in this section. In addition, 34 CFR 300.7 (c) (9) (i) now specifically lists ADD and attention deficit hyperactivity disorder among the health problems which may result in disability based on other health impairment. A copy of the federal policy may be obtained by writing the Special Education Team, Division for Learning Support: Equity and Advocacy, Department of Public Instruction, P.O. Box 7841, Madison, WI 53707-7841.

PI 11.36 History History: Renum. (2) from PI 11.35 (2) (b) and (8) to (11) from PI 11.35 (2) (i) to (L) and am. as renum. (8) (a), (b), (9) (b), (c), (d), (11) (b), (c) (intro.) and (d) (intro.) and cr. (intro.) and (1), (3) to (7), Register, December, 2000, No. 540, eff. 7-1-01; CR 10-002: r. and recr. (6) Register November 2010 No. 659. eff. 12-1-10; EmR1507: emerg. am. (1) (title), (a), (b) (intro.), renum. (1) (b) 1. a. to be 1. and am., r. (1) (b) 1. b., am. (1) (b) 2. (intro.), r. (1) (b) 2. a. to j., cr. (1) (b) 2. am. to dm., am. (1) (b) 3. a., b., cr. (1) (b) 3. c. and 4., eff. 7-1-15; EmR1506: emerg. am. (11) (a), eff. 7-1-15; CR 15-018: am. (1) (title), (a), (b) (intro.), renum. (1) (b) 1. a. to be 1. and am., r. (1) (b) 1. b., am. (1) (b) 2. (intro.), r. (1) (b) 2. a. to j., cr. (1) (b) 2. am. to dm., am. (1) (b) 3. a., b., cr. (1) (b) 3. c. and 4. Register August 2015 No. 716, eff. 9-1-15; CR 15-019: am. (11) (a) Register August 2015 No. 716, eff. 9-1-15; reprinted to correct transcription error in (1) (b) (intro.) Register January 2020 No. 769; correction in (1) (b) 4., (6) (h) made under s. 13.92 (4) (b) 7., Stats., Register February 2020 No. 770; CR 20-072: r. and recr. (3), (4), cr. (4m) Register July 2021 No. 787, eff. 8-1-21; CR 20-074: r. and recr. (5) (a), cr. (5) (am), r. and recr. (5) (b) 1., 2., renum. (5) (b) 3. to (5) (b) 3. (intro.) and am., cr. (5) (b) 3. a. to d., renum. (5) (b) 4. to (5) (b) 4. (intro.) and am., cr. (5) (b) 4. a., b., r. and recr. (5) (b) 5., (c), renum. (5) (d) (intro.) to (5) (d) and am., r. (5) (d) 1. to 4., r. and recr. (5) (e), cr. (5) (f) Register July 2021 No. 787, eff. 8-1-21; CR 20-073: r. and recr. (7) Register November 2021 No. 791, eff. 12-1-21; correction in (7) (c) 7. made under s. 35.17, Stats., Register November 2021 No. 791; CR 21-095: renum. (2) to (2) (a), cr. (2) (b), (9) (e), (11) (e) Register May 2022 No. 797, eff. 6-1-22; EmR2129: emerg. am. (6) (c) 2. b., eff. 12-5-21; CR 21-102: am. (6) (c) 2. b. Register June 2022 No. 798, eff. 7-1-22; correction in (6) (c) 2. b. made under. s. 35.17, Stats., Register June 2022 No. 798.