Chapter PI 11

Register November 2010 No. 659

Chapter PI 11

CHILDREN WITH DISABILITIES

PI 11.02   Definitions.

PI 11.07   Transfer pupils.

PI 11.12   Hearing officers.

PI 11.24   Related service: physical and occupational therapy.

PI 11.35   Determination of eligibility.

PI 11.36   Areas of impairment.

PI 11.02 PI 11.02 Definitions. In this chapter:

PI 11.02(1) (1) “Adequate fidelity” means the intervention has been applied in a manner highly consistent with its design, and was provided to the pupil at least 80 percent of the recommended number of weeks, sessions, and minutes per session.

PI 11.02(1m) (1m) “Child” has the meaning defined under s. 115.76 (3), Stats.

PI 11.02(2) (2) “Child with a disability” has the meaning defined under s. 115.76 (5), Stats.

PI 11.02(3) (3) “Department” means the Wisconsin department of public instruction.

PI 11.02(4) (4) “Division” means the division for learning support, which is established under s. 15.373 (1), Stats., and which has the authority granted under s. 115.77, Stats.

PI 11.02(4e) (4e) “Evidence-based interventions” means scientific, research-based interventions with substantial evidence of their effectiveness through multiple outcome evaluations.

PI 11.02(5) (5) “Hearing officer” has the meaning defined under s. 115.76 (8), Stats.

PI 11.02(5m) (5m) “IDEA” means the individuals with disabilities education act under 20 USC 1400 et. seq.

PI 11.02(6) (6) “Individualized education program” or “IEP” has the meaning defined under s. 115.76 (9), Stats.

PI 11.02(6m) (6m) “Intensive interventions” means interventions used with individual or small groups of pupils, focusing on single or small numbers of discrete skills, with substantial numbers of instructional minutes in addition to those provided to all pupils.

PI 11.02(6t) (6t) “Intervention” means the systematic use of a technique, program or practice designed to improve learning or performance in specific areas of pupil need.

PI 11.02(7) (7) “Local education agency” or “LEA” has the meaning defined under s. 115.76 (10), Stats.

PI 11.02(8) (8) “Parent” has the meaning defined under s. 115.76 (12), Stats.

PI 11.02(9) (9) “Probes” mean brief, direct measures of specific academic skills, with multiple equal or nearly equal forms, that are sensitive to small changes in pupil performance, and that provide reliable and valid measures of pupil performance during interventions.

PI 11.02(10) (10) “Progress monitoring” means a scientifically-based practice to assess pupil response to interventions.

PI 11.02(11) (11) “Rate of progress” during an intervention means the slope of the trend line using least squares regression on the baseline and all subsequent data points during each intervention.

PI 11.02(12) (12) “Scientific, research-based” has the meaning under section 20 U.S.C. 7801 (37).

PI 11.02 History History: Cr. Register, December, 1975, No. 240, eff. 1-1-76; am. (1) (b) 5., Register, February, 1983, No. 326, eff. 3-1-83; am. (2) (c), Register, September, 1986, No. 369, eff. 10-1-86; r. and recr. (1) to (6), (8), (9), (11) to (17), (21), (22), (24), (25), (28) to (32), (34), (35), (38), (41), (42), (50) and (51) renum. from PI 11.01 (2) (f) and am., Register, May, 1990, No. 413, eff. 6-1-90; am. (45), cr. (1m), (1s) and (52m), Register, July, 1993, No. 451, eff. 8-1-93; emerg. am. (24), (25), r. (46), eff. 6-25-96, am. (23) (b), (24), (25), cr. (23) (h) to (k), r. (46), Register, January, 1997, No. 493, eff. 2-1-97; r. and recr. Register, September, 1998, No. 513, eff. 10-1-98; cr. (5m), Register, May, 2000, No. 533, eff. 6-1-00; CR 10-002: renum. (1) to be (1m), cr. (1), (4e), (6m), (6t), (9), (10), (11), and (12) Register November 2010 No. 659, eff. 12-1-10; CR 19-069: am. (4) Register February 2020 No. 770, eff. 3-1-20.

PI 11.07 PI 11.07 Transfer pupils.

PI 11.07(1) (1) Definitions. In this section “transfer pupil with a disability” means a child with a disability under the IDEA whose residence has changed from an LEA in this state to another LEA in this state or from a public agency in another state to an LEA in this state.

PI 11.07(2) (2) Transfer pupils with disabilities in Wisconsin.

PI 11.07(2)(a) (a) The purpose of this subsection is to ensure that there is no interruption of special education and related services when a child with a disability transfers from one LEA in this state to another LEA in this state.

PI 11.07(2)(c) (c) The receiving LEA shall adopt the IEP of the sending LEA or develop a new IEP. The receiving LEA may not adopt the evaluation and eligibility determination or the IEP of the sending LEA if the evaluation and eligibility determination or the IEP do not meet state and federal requirements.

PI 11.07(2)(d) (d) When an LEA receives a transfer pupil with a disability and the LEA does not receive the pupil’s records from the sending LEA, the LEA shall request in writing the pupil’s records from the sending LEA. The sending LEA shall transfer the pupil’s records to the receiving LEA within the next working day of receipt of the written notice as required under s. 118.125 (4), Stats.

PI 11.07(3) (3) Transfer pupils with disabilities from outside Wisconsin.

PI 11.07(3)(a) (a) The purpose of this subsection is to permit an LEA to adopt the most recent evaluation and eligibility determination and IEP of a transfer pupil with a disability from a public agency in another state.

PI 11.07(3)(c) (c) The LEA shall adopt the evaluation and the eligibility determination of the sending public agency or conduct a new evaluation and eligibility determination of the transfer pupil. If the LEA decides not to adopt the evaluation and eligibility determination of the sending public agency, the LEA shall initiate a special education referral of the child. The LEA shall complete the evaluation and develop an IEP and the placement in accordance with the requirements of subch. V of ch. 115, Stats., within 60 days of the date the child enrolls in the LEA. The LEA shall adopt the IEP of the sending public agency or develop a new IEP.

PI 11.07(3)(d) (d) The receiving LEA may not adopt the evaluation and eligibility determination or the IEP of the sending public agency if the evaluation and eligibility determination or the IEP do not meet state and federal requirements.

PI 11.07 History History: Cr. Register, May, 1990, No. 413, eff. 6-1-90; r. and recr. Register, December, 1995, No. 480, eff. 1-1-96; corrections in (1) made under s. 13.93 (2m) (b) 6., Stats., Register, April, 1998, No. 508; r. and recr. Register, May, 2000, No. 533, eff. 6-1-00; CR 19-069: r. (2) (b), am. (2) (c), (d), r. (3) (b), am. (3) (c) Register February 2020 No. 770, eff. 3-1-20.

PI 11.12 PI 11.12 Hearing officers.

PI 11.12(1) (1) Impartiality. No person may be appointed as a hearing officer to conduct a hearing under s. 115.80, Stats., if that person meets any of the following criteria:

PI 11.12(1)(a) (a) Is an employee of the department or a public agency that is involved in the education or care of the child who is the subject of the hearing. A person who otherwise qualifies to conduct a hearing under this paragraph is not an employee of the department solely because he or she is paid by the department to serve as a hearing officer.

PI 11.12(1)(b) (b) Is an employee of or under contract to a local education agency as defined in s. 115.76 (10), Stats., a cooperative educational service agency created in ch. 116, Stats., or a county children with disabilities education board as defined in s. 115.817, Stats.

PI 11.12(1)(c) (c) Has a personal or professional interest which would conflict with his or her objectivity in the hearing.

PI 11.12(2) (2) Hearing officers; appointment.

PI 11.12(2)(a) (a) The division shall maintain a list of persons who are available for appointment as hearing officers. The list shall include a statement of the qualifications of each of those persons. The division may not put a person’s name on the list unless he or she meets both of the following:

PI 11.12(2)(a)1. 1. The person is an attorney licensed to practice law in Wisconsin.

PI 11.12(2)(a)2. 2. The person has completed the hearing officer training approved by the division as described in par. (b).

PI 11.12(2)(b) (b) Before a person’s name may initially be put on the list in par. (a), he or she shall attend an initial training program approved by the division. Annually thereafter each person shall attend a refresher course approved by the division. The division may charge fees of persons attending the training courses.

PI 11.12 History History: Cr. Register, May, 1990, No. 413, eff. 6-1-90; emerg. r. and recr., eff. 6-25-96; r. and recr., Register, January, 1997, No. 493, eff. 2-1-97; r. and recr. Register, September, 1998, No. 513, eff. 10-1-98.

PI 11.24 PI 11.24 Related service: physical and occupational therapy.

PI 11.24(1) (1) Legislative intent. Subchapter V of ch. 115, Stats., gives an LEA the authority to establish physical therapy and occupational therapy services.

PI 11.24(2) (2) IEP team. If a child is suspected to need occupational therapy or physical therapy or both, the IEP team for that child shall include an appropriate therapist.

PI 11.24(7) (7) Physical therapists’ licensure and service requirements.

PI 11.24(7)(a) (a) Licensure. A school physical therapist shall be licensed by the department under s. PI 34.093.

PI 11.24(7)(b) (b) Caseload.

PI 11.24(7)(b)1. 1. Except as specified under subds. 2. and 3., the caseload for a full-time school physical therapist employed for a full day, 5 days a week, shall be as follows:

PI 11.24(7)(b)1.a. a. A minimum of 15 children.

PI 11.24(7)(b)1.b. b. A maximum of 30 children.

PI 11.24(7)(b)1.c. c. A maximum of 45 children with one or more school physical therapist assistants.

PI 11.24(7)(b)2. 2. The caseload for a part-time school physical therapist may be pro-rated based on the specifications under subd. 1.

PI 11.24(7)(b)3. 3. A caseload may vary from the specifications under subd. 1. or 2., if approved in the LEA’s plan under s. 115.77 (4), Stats. The following shall be considered in determining whether the variance may be approved:

PI 11.24(7)(b)3.a. a. Frequency and duration of physical therapy as specified in the child’s IEP.

PI 11.24(7)(b)3.b. b. Travel time.

PI 11.24(7)(b)3.c. c. Number of evaluations.

PI 11.24(7)(b)3.d. d. Preparation time.

PI 11.24(7)(b)3.e. e. Student related activities.

PI 11.24(7)(c) (c) Medical information. The school physical therapist shall have medical information from a licensed physician regarding a child before the child receives physical therapy.

PI 11.24(7)(d) (d) Delegation and supervision of physical therapy.

PI 11.24(7)(d)1. 1. The school physical therapist may delegate to a school physical therapist assistant only those portions of a child’s physical therapy which are consistent with the school physical therapist assistant’s education, training and experience.

PI 11.24(7)(d)2. 2. The school physical therapist shall supervise the physical therapy provided by a school physical therapist assistant. The school physical therapist shall develop a written policy and procedure for written and oral communication to the physical therapist assistant. The policy and procedure shall include a specific description of the supervisory activities undertaken for the school physical therapist assistant which shall include either of the following levels of supervision:

PI 11.24(7)(d)2.a. a. The school physical therapist shall have daily, direct contact on the premises with the school physical therapist assistant.

PI 11.24(7)(d)2.b. b. The school physical therapist shall have direct, face-to-face contact with the school physical therapist assistant at least once every 14 calendar days. Between direct contacts, the physical therapist shall be available by telecommunication. The school physical therapist providing general supervision under this subdivision shall provide an on-site reevaluation of each child’s physical therapy a minimum of one time per calendar month or every tenth day of physical therapy, whichever is sooner, and adjust the physical therapy as appropriate.

PI 11.24(7)(d)3. 3. A full-time school physical therapist may supervise no more than 2 full-time equivalent physical therapist assistant positions which may include no more than 3 physical therapist assistants.

PI 11.24(7)(d)4. 4. Notwithstanding the provisions under this paragraph, the act undertaken by a school physical therapist assistant shall be considered the act of the supervising physical therapist who has delegated the act.

PI 11.24(7)(e) (e) Responsibility of school physical therapist. A school physical therapist under this subsection shall conduct all physical therapy evaluations and reevaluations of a child, participate in the development of the child’s IEP, and develop physical therapy treatment plans for the child. A school physical therapist may not be represented by a school physical therapist assistant on an IEP team.

PI 11.24(8) (8) School physical therapist assistants’ qualifications and supervision of physical therapy.

PI 11.24(8)(a) (a) Licensure. A school physical therapist assistant shall be licensed by the department under s. PI 34.094.

PI 11.24(8)(b) (b) Supervision. The school physical therapist assistant providing physical therapy to a child under this section, shall be supervised by a school physical therapist as specified under sub. (7) (d).

PI 11.24(9) (9) Occupational therapists’ licensure and service requirements.

PI 11.24(9)(a) (a) Licensure. The school occupational therapist shall be licensed by the department under s. PI 34.091.

PI 11.24(9)(b) (b) Caseload.

PI 11.24(9)(b)1. 1. Except as specified under subds. 2. and 3., the caseload for a full-time school occupational therapist employed for a full day, 5 days a week, shall be as follows:

PI 11.24(9)(b)1.a. a. A minimum of 15 children.