(am) Assessments and other evaluation materials used to conduct a comprehensive evaluation of a child’s speech and language development shall be provided and administered in the child’s home languages. Assessments and other evaluation materials shall be in the form most likely to yield accurate information unless it is not feasible to do so, and shall describe the child’s speech and language abilities and how those abilities impact the child’s progress in the general education environment relative to the speech and language demands of the classroom and curriculum. Interpretation of assessments shall be based on the representativeness of the normative sample and the psychometric properties of the assessment.
SECTION 3. PI 11.36 (5) (b) 1. and 2. are repealed and recreated to read:
11.36 (5) (b) 1. Following consideration of the child’s age, culture, language background, and dialect, the child meets all of the following conditions for a speech sound disorder:
a. The child’s speech sound production is documented to be delayed, as evidenced through at least one observation in a natural environment.
b. The child’s speech sound production is documented to be delayed, as measured by a criterion-referenced assessment, such as a developmental scale or a phonetic inventory, or significant discrepancy in performance from typical on a norm-referenced assessment.
c. The child’s intelligibility is below the expected range and not due to influences of home languages or dialect. Intelligibility ratings as documented by school staff or caregivers indicate an impact across environments.
d. Speech sound production is less than 30% stimulable for incorrect sounds.
2. Following consideration of the child’s age, culture, language background, or dialect, the child demonstrates the characteristics of a phonological disorder, which include both of the following:
a. The child’s intelligibility is below the expected range and not due to influences of home languages or dialect. Intelligibility ratings as documented by school staff or caregivers indicate an impact across environments.
b. The child’s phonological process use is documented to be non-developmental or outside of the expected developmental range, as evidenced through at least one observation in a natural environment, and by measurement of either the presence of one or more phonological processes occurring at least 40%, significant discrepancy in performance from typical on a norm-referenced assessment, or both.
SECTION 4. PI 11.36 (5) (b) 3. is renumbered s. PI 11.36 (5) (b) 3. (intro.) and amended to read:
PI 11.36 (5) (b) 3. The child's voice is impaired in the absence of an acute, respiratory virus or infection and not due to temporary physical factors such as allergies, short term vocal abuse, or puberty. The child exhibits atypical loudness, pitch, quality or resonance for his or her age and gender.Following consideration of the child’s age, culture, language background, or dialect, the child demonstrates characteristics of a voice impairment, which include any of the following:
SECTION 5. PI 11.36 (5) (b) 3. a. to e. are created to read:
PI 11.36 (5) (b) 3. a. The child’s vocal volume, including loudness.
b. The child’s vocal pitch, including range, inflection, or appropriateness.
c. The child’s vocal quality, including breathiness, hoarseness, or harshness.
d. The child’s vocal resonance, including hypernasality.
SECTION 6. PI 11.36 (5) (b) 4. is renumbered s. PI 11.36 (5) (b) 4. (intro.) and amended to read:
PI 11.36 (5) (b) 4. The child exhibits characteristics of a fluency disorder, following consideration of the child's age, language background, culture, and dialect. The evaluation shall include a variety of measures, including case history, observation in natural environment, norm-referenced assessment or disfluency analysis, and result in evidence of atypical fluency. The presence of one or more of the following characteristics shall indicate a fluency disorder:
SECTION 7. PI 11.36 (5) (b) 4. a. and b. are created to read:
PI 11.36 (5) (b) 4. a. Speech disfluencies associated with stuttering or atypical disfluency, which include repetitions of phrases, words, syllables, and sounds or dysrhythmic phonations such as prolongations of sounds or blockages of airflow typically in excess of 2% of total syllables, one second of duration, and two or more iterations in a repetition. Non-verbal physical movements, such as eye blinking or head jerking, may accompany the stuttering. Negative feelings about oral communication may be significant enough to result in avoidance behaviors in an attempt to hide or diminish stuttering.
b. A speech rate that is documented to be rapid, irregular, or both and may be accompanied by sound or syllable omissions, sequencing errors, or a high number of non-stuttering speech disfluencies such as interjections, phrase and whole word repetitions, and revisions. The resulting speech fluency pattern is considered to be significantly disruptive to efficient communication. Negative feelings and attitudes about oral communication may or may not be present under this disfluency profile.
SECTION 8. PI 11.36 (5) (b) 5. and (c) are repealed and recreated to read:
PI 11.36 (5) (b) 5. Following consideration of the child’s age, culture, language background, or dialect, the child demonstrates a language impairment in the area of language form, content or use, as evidenced through an observation in a natural environment and by measurement of at least two of the following:
a. Language sample analysis.
b. Dynamic assessment.
c. Developmental scales or another criterion-referenced assessment.
d. Significant discrepancy from typical language skills on a norm-referenced assessment of comprehensive language.
(c) The IEP team may not identify a child as a child with speech or language impairment when differences in speech or language are based on home languages, culture, or dialect unless the child has a speech or language impairment within the child’s home languages, culture, or dialect. In determining whether the child has a speech or language impairment, the IEP team shall consider all of the following:
1. The child’s background knowledge, stage of language acquisition, experience with narratives, and exposure to vocabulary to discern speech or language ability from speech or language difference, such as differences due to lack of exposure, stage of language acquisition, cultural or behavioral expectations.
2. Based on information and data collected, the IEP team must determine whether the child’s speech or language skills are a result of a speech or language impairment or a difference due to culture, language background, or dialect.
SECTION 9. PI 11.36 (5) (d) (intro.) is renumbered PI 11.36 (5) (d) and amended to read:
PI 11.36 (5) (d) In addition to the evaluations under pars. (am) to (c), the IEP team shall substantiate a speech or language impairment by considering all of the following:evaluate a child’s language by assessing the child’s augmentative and alternative communication skills, when appropriate to determine the child’s needs.
SECTION 10. PI 11.36 (5) (d) 1. to 4. are repealed.
SECTION 11. PI 11.36 (5) (e) is repealed and recreated to read:
PI 11.36 (5) (e) An IEP team shall include the following:
1. A speech-language pathologist licensed under ch. PI 34 who shall incorporate information from the most recent assessment to assist the IEP team in documenting whether the child meets the criteria for a speech or language impairment as well as identifying the child’s speech or language needs. 2. An educator with foundational knowledge in first and second language instruction and second language acquisition if the child is identified as an English Learner under 20 USC 7801 (20). SECTION 12. PI 11.36 (5) (f) is created to read:
PI 11.36 (5) (f) 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 13. 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
