Federal special education law also recognizes deaf-blindness as concomitant hearing and visual impairments. The combination of hearing and visual impairments causes severe communication and other developmental and educational needs, thus making it challenging for special education programs to accommodate those needs under the current rule, which solely recognizes children with deafness or children with blindness. While there are currently 153 pupils in Wisconsin that are on the Wisconsin Deafblind Registry, Wisconsin is the only state that does not recognize deafblindness as a separate disability category. A rule change will ensure a more appropriate identification of pupils who are deafblind. Without a rule, the department will implement ch. PI 11 as written. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
N/A
Anticipated costs incurred by private sector:
N/A
Effect on small business:
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats. Agency contact person: (including email and telephone)
Carl Bryan
Administrative Rules Coordinator
Wisconsin Department of Public Instruction
(608) 266-3275
Place where comments are to be submitted and deadline for submission:
Comments should be submitted to Carl Bryan, Department of Public Instruction, 125 S. Webster Street, P.O. Box 7841, Madison, WI 53707-7841 or at adminrules@dpi.wi.gov. The department will publish a hearing notice in the Administrative Register which will provide information on the deadline for the submission of comments. RULE TEXT
SECTION 1. PI 11.36 (3) and (4) are repealed and recreated to read:
PI 11.36 (3) Blind and visually impaired. (a) Blind and visually impaired means even after correction a child's visual functioning adversely affects educational performance. The IEP team may identify a child as blind and visually impaired after all of the following events occur:
1. A teacher of the blind and visually impaired licensed under s. PI 34.051 conducts a functional vision evaluation which includes a review of medical information from an ophthalmologist or optometrist, formal and informal tests of visual functioning, and a determination of the implications of the blindness or visual impairment on the educational and curricular needs of the child. 2. An orientation and mobility specialist licensed under s. PI 34.089 evaluates the child to determine if there are related orientation and mobility needs in home, school, or community environments. A child may meet the criteria under this subdivision even if they do not have orientation and mobility needs. (b) 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 section. (4) Deaf and hard of hearing. (a) Deaf and hard of hearing means a decreased ability to detect sound in one or both ears with or without amplification, whether permanent or chronically fluctuating, which adversely affects a child’s educational performance. This includes academic performance, speech perception, speech production, or communication including language acquisition or expression. A current evaluation by an audiologist licensed under ch. 459, Stats., shall be one of the components for an initial evaluation of a child with suspected hearing loss. A teacher of the deaf or hard of hearing licensed under s. PI 34.050 must be a member of the IEP team when determining eligibility. (b) 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 section. SECTION 2. PI 11.36 (4m) is created to read:
PI 11.36 (4m) Deafblind. (a) Deafblind means concomitantly deaf or hard of hearing and blind or visually impaired, the combination of which causes severe communication and other developmental and educational needs such that the individual disability-related needs of the student extend beyond the instruction and supports required for a student who is solely deaf or hard of hearing or blind or visually impaired.
(b) 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 section. 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. Dated this _____ day of ____________, 2021
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Carolyn Stanford Taylor
State Superintendent
