115.77(8)(8) The local educational agency shall serve children with disabilities who are attending a charter school under contract with the local educational agency under s. 118.40 in the same manner as it serves children with disabilities attending schools of the local educational agency, and shall provide funds under this subchapter to such charter schools on the same basis as it provides funds under this subchapter to schools of the local educational agency, including proportional distribution based on enrollment of children with disabilities, and at the same time as it distributes other federal funds to the agency’s other schools. 115.77(9)(9) The local educational agency shall exercise its authority in compliance with 20 USC 1415 (k). 115.77 AnnotationWhen there was no reasonable cause to believe that a student was emotionally disturbed and required special education, there was no obligation to submit an exceptional needs referral on the student’s behalf. Hoffman v. East Troy Community School District, 38 F. Supp. 2d 750 (1999). 115.775115.775 Duties of operators of certain charter schools. 115.775(2)(2) The board of directors of the school district operating under ch. 119 is a local educational agency under this section and shall comply with 20 USC 1400 to 1482 if the board of directors enters into a written agreement with an operator of a charter school under s. 118.40 (2r) or (2x) under which the board of directors agrees to serve as the local educational agency. 115.777115.777 Special education referrals. 115.777(1)(a)(a) A physician, nurse, psychologist, social worker or administrator of a social agency who reasonably believes that a child brought to him or her for services has a disability shall refer the child to the local educational agency. If the local educational agency to whom the referral is made is the school district in which the child resides but the child is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), the school board of the school district in which the child resides shall provide the name of the child and related information to the school board of the school district that the child is attending. 115.777(1)(b)(b) A person who is required to be licensed under s. 115.28 (7), who is employed by a local educational agency and who reasonably believes a child has a disability, shall refer the child to the local educational agency. If the local educational agency to whom the referral is made is the school district that the child is attending but the child is a nonresident attending a public school in that school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), the school board of the school district that the child is attending shall provide the name of the child and related information to the school board of the child’s school district of residence. 115.777(1)(c)(c) Any person other than those specified under par. (a) or (b) who reasonably believes that a child is a child with a disability may refer the child to a local educational agency. If the local educational agency to whom the referral is made is the school district in which the child resides but the child is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), the school board of the school district in which the child resides shall provide the name of the child and related information to the school board of the school district that the child is attending. 115.777(2)(a)(a) All referrals shall be in writing and shall include the name of the child and the reasons why the person believes that the child is a child with a disability. 115.777(2)(b)(b) Before submitting a referral to a local educational agency under sub. (1) (a) or (b), a person required to make a referral under sub. (1) (a) or (b) shall inform the child’s parent that he or she is going to submit the referral. 115.777(3)(3) A local educational agency shall do all of the following: 115.777(3)(a)(a) Establish written procedures for accepting and processing referrals. 115.777(3)(c)(c) Provide information and in-service opportunities to all of its licensed staff to familiarize them with the agency’s referral procedures. 115.777(3)(d)(d) At least annually, inform parents and persons required to make referrals under sub. (1) (a) about the agency’s referral and evaluation procedures. 115.777(3)(e)(e) Within 15 business days of receiving a referral, send to the child’s parents a request for consent to evaluate the child under s. 115.782 except that if the local educational agency determines that no additional data are necessary, the agency shall notify the child’s parent of that determination within 15 business days of receiving the referral. 115.78115.78 Individualized education program team; timeline. 115.78(1)(1) Definition. In this section, for a child who is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), “local educational agency” means the school board of the school district that the child is attending. 115.78(1m)(1m) Appointment of Team. The local educational agency shall appoint an individualized education program team for each child referred to it under s. 115.777. Each team shall consist of all of the following: 115.78(1m)(b)(b) At least one regular education teacher of the child if the child is, or may be, participating in a regular educational environment. 115.78(1m)(c)(c) At least one special education teacher who has recent training or experience related to the child’s known or suspected area of special education needs or, where appropriate, at least one special education provider of the child. 115.78(1m)(d)(d) A representative of the local educational agency who is qualified to provide, or supervise the provision of, special education, is knowledgeable about the general education curriculum and is knowledgeable about and authorized by the local educational agency to commit the available resources of the local educational agency. 115.78(1m)(e)(e) An individual who can interpret the instructional implications of evaluation results, who may be a team participant under pars. (b) to (d) or (f). 115.78(1m)(f)(f) At the discretion of the parent or the local educational agency, other individuals who have knowledge or special expertise about the child, including related services personnel as appropriate. 115.78(1m)(h)(h) If the child is attending a public school in a nonresident school district under s. 118.50, 118.51, or 121.84 (1) (a) or (4), at least one person designated by the school board of the child’s school district of residence who has knowledge or special expertise about the child. 115.78(2)(2) Duties of Team. The individualized education program team shall do all of the following: 115.78(2)(a)(a) Evaluate the child under s. 115.782 to determine the child’s eligibility or continued eligibility for special education and related services and the educational needs of the child. 115.78(3)(a)(a) The local educational agency shall determine if a child is a child with a disability within 60 days after the local educational agency receives parental consent for the evaluation of the child under s. 115.782 (1) (b) or (4) (b), provides notice under s. 115.777 (3) (e) that no additional data are needed, or provides notice under s. 115.782 (4) (c) that no additional data are needed. 115.78(3)(b)(b) The 60-day period under par. (a) does not apply to a local educational agency if any of the following occur: 115.78(3)(b)1.1. A child enrolls in a school served by that local educational agency after the 60-day period has begun and before a determination by the child’s previous local educational agency as to whether the child is a child with a disability, the subsequent local educational agency is making sufficient progress to ensure a prompt completion of the evaluation, and the child’s parent and the subsequent local educational agency agree to a specific time when the evaluation will be completed. 115.78(3)(b)2.2. The child’s parent repeatedly fails or refuses to produce the child for the evaluation. 115.78(3)(c)(c) The local educational agency shall conduct a meeting to develop an individualized education program under s. 115.787 and determine a placement under s. 115.79 within 30 days of a determination that a child is a child with a disability. 115.78(3)(d)(d) Subject to pars. (a) to (c), if the parents of the child or the local educational agency staff determines at any meeting during the process of the evaluation, development of the individualized education program or placement of the child that additional time is needed to permit meaningful parental participation, the local educational agency shall provide it. Upon request, the local educational agency shall provide a copy of the most recent evaluation report under s. 115.782 (3) (b) to the child’s parents at any meeting of the individualized education program team. 115.78(5)(a)(a) A member of an individualized education program team is not required to attend a meeting of the individualized education program team, in whole or in part, if the parent of a child with a disability and the local educational agency agree that the attendance of the member is unnecessary because the member’s area of the curriculum or related service is not being modified or discussed at the meeting. 115.78(5)(b)(b) A member of an individualized education program team may be excused from attending a meeting of the individualized education program team, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services if the child’s parent and the local educational agency consent and, before the meeting, the member submits to the child’s parent and to the individualized education program team, in writing, the member’s input into the development of the child’s individualized education program. 115.78(5)(c)(c) A parent’s agreement under par. (a) and consent under par. (b) shall be in writing. 115.782(1)(1) The local educational agency shall do all of the following: 115.782(1)(a)(a) Notify the parents of the child, in accordance with s. 115.792, of any evaluation procedures the agency proposes to conduct and the names of the individuals who will conduct the evaluation if known. 115.782(1)(b)(b) Except as provided in par. (c), before conducting an initial evaluation of a child, obtain informed consent from the child’s parent. Parental consent for the evaluation does not constitute consent for placement for receipt of special education and related services. If the child’s parents do not consent to the evaluation, the local educational agency may continue to pursue an evaluation by using the procedures under s. 115.797 or 115.80. 115.782(1)(c)(c) Before conducting an initial evaluation of a child who is a ward of the state, obtain informed consent in compliance with 20 USC 1414 (a) (1) (D) (iii). 115.782(2)(a)(a) In conducting the evaluation, the individualized education program team shall not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability or for determining an appropriate educational program for the child. The individualized education program team shall do all of the following: 115.782(2)(a)1.1. Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information, including information provided by the child’s parent, that may assist in determining whether the child is a child with a disability and the content of the child’s individualized education program, including information related to enabling the child to be involved in and progress in the general curriculum or, for preschool children, to participate in appropriate activities. 115.782(2)(a)2.2. Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors. 115.782(2)(a)3.a.a. That assessments and other evaluation materials used to assess a child under this section are selected and administered so as not to be racially or culturally discriminatory and are provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to do so. 115.782(2)(a)3.b.b. That assessments and other evaluation materials given to the child are used for the purposes for which they are valid and reliable, are administered by trained and knowledgeable personnel, and are administered in accordance with any instructions provided by the producer of the assessments or evaluation materials. 115.782(2)(a)3.d.d. That assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are used. 115.782(2)(b)(b) As part of an initial evaluation of a child and as part of any reevaluation of a child under sub. (4), the individualized education program team and other qualified professionals, as determined by the local educational agency, shall do all of the following: 115.782(2)(b)1.1. Review existing evaluation data on the child, including evaluations and information provided by the child’s parents; previous interventions and the effects of those interventions; current classroom-based, local, or state assessments; classroom-based observations; and observations by teachers and related services providers. 115.782(2)(b)2.2. On the basis of that review and information provided by the child’s parents, identify the additional data, if any, that are needed to determine all of the following: 115.782(2)(b)2.a.a. Whether the child has a particular category of disability and the educational needs of the child or, in case of a reevaluation of a child, whether the child continues to have such a disability and such educational needs. 115.782(2)(b)2.b.b. The present levels of academic achievement and related developmental needs of the child. 115.782(2)(b)2.c.c. Whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services. 115.782(2)(b)2.d.d. Whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable, annual goals specified in the child’s individualized education program and to participate, as appropriate, in the general curriculum. 115.782(2)(c)(c) The local educational agency shall administer such assessments and other evaluation measures as may be needed to produce the data identified under par. (b) 2. 115.782(2)(f)(f) The local educational agency shall ensure that the evaluation of a child with a disability who transfers from one school district to another in the same school year is coordinated with the child’s prior and subsequent schools as necessary and as expeditiously as possible to ensure prompt completion of the evaluation. 115.782(3)(3) Determination of eligibility for special education. 115.782(3)(a)(a) Upon the completion of the administration of assessments and other evaluation measures, the individualized education program team shall determine whether the child is a child with a disability and the educational needs of the child. The team may not determine that a child is a child with a disability if the determinant factor for the determination is lack of appropriate instruction in reading, including in the essential components of reading instruction, as defined in 20 USC 6368 (3), or lack of instruction in math, or because the child has limited proficiency in English. 115.782(3)(b)(b) The individualized education program team shall prepare an evaluation report that includes documentation of determination of eligibility for special education. The local educational agency shall give a copy of the evaluation report, including the documentation of eligibility, to the child’s parents. 115.782(4)(a)(a) A local educational agency shall ensure that the individualized education program team does all of the following: 115.782(4)(a)1.1. Evaluates a child with a disability in accordance with this section before determining that the child is no longer a child with a disability, except that an evaluation is not required before the termination of a child’s eligibility for special education and related services because he or she graduated from secondary school with a regular diploma or because he or she reached the age of 21. In those circumstances, the local educational agency shall provide the child with a summary of the child’s academic achievement and functional performance, including recommendations on how to assist the child in meeting his or her postsecondary goals. 115.782(4)(a)2.2. Reevaluates a child with a disability in accordance with this section if the local educational agency determines that the educational or related services needs of the child, including the child’s academic performance, warrant a reevaluation or if the child’s parent or teacher requests a reevaluation. The individualized education program team shall reevaluate a child no more frequently than once a year unless the child’s parent and the local educational agency agree otherwise, and at least once every 3 years unless the child’s parent and the local educational agency agree that a reevaluation is unnecessary. 115.782(4)(b)(b) The local educational agency shall obtain informed consent from the child’s parent before reevaluating a child with a disability, except that such consent need not be obtained if the local educational agency has taken reasonable measures to obtain such consent and the child’s parents have failed to respond. 115.782(4)(c)(c) If the individualized education program team and other qualified professionals, as determined by the local educational agency, find under sub. (2) (b) 2. that no additional data are needed to determine whether the child continues to be a child with a disability or to determine the child’s educational needs, the local educational agency shall notify the child’s parents of that finding and the reasons for it and the right of the child’s parents to request an assessment to determine whether the child continues to be a child with a disability and to determine the child’s educational needs. The local educational agency is not required to conduct such an assessment unless the child’s parents request it. 115.782 Cross-referenceCross-reference: See also s. PI 11.35, Wis. adm. code. 115.787115.787 Individualized education programs. 115.787(1)(1) Requirement that program be in effect. At the beginning of each school year, each local educational agency shall have in effect, for each child with a disability, an individualized education program. 115.787(2)(2) Required components. An individualized education program shall include all of the following: 115.787(2)(a)(a) A statement of the child’s present level of academic achievement and functional performance, including how the child’s disability affects the child’s involvement and progress in the general curriculum or, for a preschool child, as appropriate, how the disability affects the child’s participation in appropriate activities. 115.787(2)(b)(b) A statement of measurable annual goals for the child, including academic and functional goals, designed to meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general curriculum, and meet each of the child’s other educational needs that result from the child’s disability.
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Chs. 115-121, Public Instruction
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