(b) Except as provided in paragraph (3) (d) and subsection (4) of this section, the department shall annually calculate risk ratios for each LEA or independent charter school with respect to the following:
1. The identification of children with disabilities.
2. The identification of children with any of the following impairments:
a. Intellectual disabilities.
b. Specific Learning disabilities.
c. Emotional disturbance.
d. Speech or language impairments.
e. Other health impairments.
f. Autism.
(c) Except as provided in par. (d) and sub. (4) of this section, the department shall annually calculate risk ratios for each LEA or independent charter school in placements into particular educational settings, including disciplinary removals.
(d) The department shall calculate alternate risk ratios for a LEA or independent charter school if an applicable comparison group in the LEA or independent charter school does not meet the minimum cell size or the minimum n-size determined under par. (3) (a) of this section.
(4) Exception. The department may decline to calculate a risk ratio or alternate risk ratio to determine significant disproportionality if:
(a) The particular racial or ethnic group being analyzed does not meet the minimum cell size or minimum n-size; or
(b) In calculating the alternate risk ratio under par. (3) (d) of this section, the comparison group for the state does not meet the minimum cell size or minimum n-size.
(5) Determining significant disproportionality. The department shall identify an LEA or independent charter school as having significant disproportionality based on race or ethnicity if the LEA or independent charter school has exceeded a risk ratio threshold set by the department for a racial or ethnic group for three or more prior consecutive years preceding the identification.
(6) Review and revision of policies, practices, and procedures. If the department determines significant disproportionality with respect to the identification of children as children with disabilities or the placement in particular educational settings, including disciplinary removals of such children, in accordance with this section, the department shall do the following:
(a) Provide for the annual review and, if appropriate, revision of the policies, practices, and procedures used in identification or placement in particular education settings, including disciplinary removals, to ensure that the policies, practices, and procedures comply with the requirements of IDEA.
(b) Require the LEA or independent charter school to publicly report on the revision of policies, practices, and procedures described under paragraph (6) (a) of this section consistent with the requirements of 20 USC 1232g and 1413(f). (7) Coordinated early intervening services. The department shall require any LEA or independent charter school identified as having significant disproportionality to reserve the maximum amount of funds under 20 USC 1413(f) to provide coordinated early intervening services to address factors contributing to the significant disproportionality. This subsection shall not apply to any LEA or independent charter school that serves only children with disabilities to reserve funds to provide comprehensive coordinated early intervening services. (8) Rule of construction. Nothing in this section authorizes the department or any LEA or independent charter school to develop or implement policies, practices, or procedures that result in actions that violate the requirements of IDEA, including requirements related to child find and ensuring that a free appropriate public education is available to all eligible children with disabilities.
SECTION 2. PI 11.39 is created to read:
PI 11.39 LEA Determinations.
(1) Enforcement. Consistent with 20 USC 1416(a) and (e) and the regulations promulgated thereunder, if the department determines that an LEA is not meeting the requirements of 20 USC 1411 to 1419 of the IDEA or is identified as having significant disproportionality under s. PI 11.38, the department shall prohibit the LEA from reducing the LEA’s maintenance of effort under 20 USC 1413(a)(2)(C) for any fiscal year. (2) Nothing in this section shall be construed to restrict the department from utilizing any other authority available to it to monitor and enforce the requirements of IDEA.
SECTION 3. EFFECTIVE DATE:
The proposed rules contained in this order shall take effect on the first day of the month commencing after the date of publication in the Wisconsin Administrative Register, as provided in s. 227.22 (2) (intro.), Stats.
