SECTION 17. PI 11.36 (6) (f) 3., 4., 6., 7., and 8. (intro.) are amended to read:
PI 11.36 (6) (f) 3. The relevant behavior, if any, noted during the observationobservations of the child and the relationship of that behavior to the child's academic functioning in the area of potential learning disability in par. (c) 1under par. (e) 1. to 4.
4. Documentation that the intensive, evidence-based intervention was applied in a manner highly consistent with its design, was closely alignedmatched to pupilchild need, and was culturally appropriate, and was applied in accordance with the identified evidence base that supports effective results and that the interventions implemented were at the highest level of evidence base available for the area of potential specific learning disability being assessed under par. (c) 1.
6. Whether the child does not achieve adequately for the child's age or to meet state-approved grade-level standards consistent with par. (c) 1.; and the child does not make sufficient progress to meet age or state-approved grade-level standards consistent with par. (c) 2. a.; or until three years after December 1, 2010, the child exhibits a significant discrepancy between the child's academic achievement in any of the eight areas of potential specific learning disabilities under par. (c) 1. and intellectual ability consistent with par. (c) 2. b.
7. The determination of the IEP team concerning the effects of a visual, hearing, or motor disability; cognitive disability; emotional disturbanceother impairment areas under this chapter; cultural, linguistic factors;, environmental, or economic disadvantagefactors; or limited English proficiency on the child's achievement level.
8. If the child has participated prior to referral in a process that assesses the child's response to scientific, research-based or evidence-based intervention, documentation that the child's parents were notified about all of the following:
SECTION 18. PI 11.36 (6) (f) 9. is created to read:
PI 11.36 (6) (f) 9. Each IEP team member shall certify in writing whether the evaluation report reflects the member's conclusion. If the evaluation report does not reflect the member's conclusion, the group member shall submit a separate statement presenting the member's conclusion.
SECTION 19. PI 11.36 (6) (g) is amended to read:
PI 11.36 (6) (g) In addition to all other determinations, the IEP team shall base its decision of whether a child has a specific learning disability on a comprehensive evaluation using formal and informal assessment data regarding academic achievement and learning behavior from sources such as standardized tests, error analysis, criterion referenced measures, curriculum-based assessments, pupilchild’s work samples, interviews, systematic observations, analysis of the child's response to previous interventions, and analysis of classroom expectations, and curriculum in accordance with s. 115.782, Stats. SECTION 20. 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. Dated this _____ day of ____________, 2021
__________________________________________
Carolyn Stanford Taylor
State Superintendent
