SECTION 1. PI 11.36 (7) is repealed and recreated to read:
PI 11.36 (7) Emotional behavioral disability.
(a) Emotional behavioral disability, pursuant to s. 115.76 (5) (a) 5., Stats., means a condition in which a child demonstrates frequent and intense observable behaviors, either over a long period of time or of sudden onset due to an emerging medical mental health condition which includes a diagnosis by a licensed mental health professional, which adversely affects the child’s educational performance. The behaviors shall occur in both academic and non-academic settings in school and in the child’s home or community setting. (b) The IEP team may identify a child as having an emotional behavioral disability under par. (a) if the child exhibits at least one of the following:
1. Behaviors that interfere with the development and maintenance of age and culturally appropriate interpersonal relationships.
2. Observable affective or behavioral responses during routine daily activities inconsistent with the cultural or ethnic norms of the child or the child’s community.
3. Pervasive unhappiness, depression or anxiety.
4. Physical symptoms or fears associated with personal or school problems.
5. Insufficient progress toward meeting age or grade level academic standards that cannot be explained by intellectual, sensory, or health factors.
6. Isolation from peers or avoidance of social interactions impacting the child’s access and engagement in instructional activities.
7. Patterns of behaviors across settings and individuals presenting risks to the physical safety of the child or others.
(c) The IEP team shall conduct a comprehensive evaluation that includes only assessments and other evaluation materials selected and administered so as not to be discriminatory on a racial or cultural basis. The IEP team shall consider current data from all of the following:
1. The results of evidence-based positive behavioral interventions implemented within general education settings.
2. Systematic observations of the child in both academic and non-academic settings documenting intensity, frequency, rate or duration of observable target behaviors, as well as other ecological factors that may be impacting the child’s behavior.
3. Interviews of the child and parent or family that include gathering information regarding the child and family’s cultural and ethnic norms and values, as well as other ecological factors that may impact the child’s behavior.
4. Interviews of the child’s teachers that include gathering information regarding the child’s strengths and ecological factors that may impact the child’s behavior.
5. Review of educational information maintained by the LEA, including health, academic and disciplinary records.
6. Results of standardized, nationally normed behavior rating scales from a minimum of two sources from school and one source from the home or community. Nationally normed behavior rating scales shall include, when available, normative data that reflects the child’s cultural background. If the child’s cultural background is not included in the normative data of a standardized rating scale used, the evaluation report shall include an explanation.
7. Additional assessments as determined by the IEP team to identify the child’s educational needs.
(d) The IEP team shall consider the effects of any known history of trauma or medical mental health disorder on the child’s functioning. The IEP team may not identify or refuse to identify a child as a child with an emotional behavioral disability based solely on a known history of trauma or medical mental health disorder.
(e) The IEP team shall discuss and determine, based on information and data collected in par. (c), whether behaviors are a result of cultural difference or an emotional behavioral disability. The IEP team may not identify a child as a child with an emotional behavioral disability when there is evidence that cultural difference is a causal factor of the behaviors.
(f) In addition to the requirements for IEP team membership under s. 115.78, Stats., the IEP team for a child being evaluated for emotional behavioral disabilities shall include the LEA staff member, identified by the child when possible, as having a positive or the most positive relationship with the child. SECTION 2. 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.
