PROPOSED ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING PERMANENT RULES
Pursuant to Coyne v. Walker, the Department of Public Instruction is not required to obtain the Governor’s approval for the statement of scope for this rule. Coyne v. Walker, No. 2013AP416, 2015 WL 686178 (Wis. Ct. App. Feb. 19, 2015).
The State Superintendent of Public Instruction hereby proposes to repeal PI 11.36 (1) (b) 1. b., 2. a. to j., and 3.b. (Note); to renumber PI 11.36 (1) (b) 1. a.; to amend PI 11.36 (1) (title), (a), (b) (intro.), 1., 2. (intro.), and 3. a. and b.; and to create PI 11.36 (1) (b) 2., am. to dm., and 3. c. and 4.; relating to incorporating intellectual disability terminology and concepts.
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ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Statute interpreted: Subchapter V of ch. 115, Stats. Statutory authority: Subchapter V of ch. 115, Stats., and 227.11 (2) (a) (intro), Stats. Explanation of agency authority:
Under s. 227.11 (2) (a) (intro), Stats., “Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation.” As such, PI 11 is required to effectively implement and provide transparency to the programs involving children with disabilities under Subchapter V of ch. 115, Stats. Related statute or rule: None.
Plain language analysis:
This proposed rule change adjusts the terminology, definition, and eligibility contained in PI 11.36 (1) to align with language used in federal law (Rosa’s Law, Pub. L. 111-256) and with the American Association on Intellectual and Developmental Disabilities’ classification manual, Intellectual Disability: Definition, Classification, and Systems of Supports, 11th edition (2010).
In the proposed rule, cognitive disability is changed to intellectual disability to reflect current terminology.
Intellectual disability is defined as significant limitations in intellectual functioning and significant limitations in adaptive behavior that occur during the developmental period and adversely affect educational performance. Significant limitations in intellectual functioning consists of a standard score of 2 or more standard deviations below the mean on an individually administered intelligence test which takes into account the child’s mode of communication and is developed to assess intellectual functioning using this mode. More than one intelligence test may be used to produce a comprehensive result. Significant limitations in adaptive behavior consists of a standard score on adaptive behavior that is 2 standard deviations or more below the mean for conceptual skills, social skills, practical adaptive skills or the overall composite score of these 3 factors. These standardized or nationally-normed measures are comprehensive, individual assessments that include interviews of the parents and observations of the child in adaptive behavior relevant to the child's age.
Educational performance is adversely affected in ages 3 through 5 if there is a standard score that is 2 standard deviations or more below the mean on a measure of language development and communication, cognition, and general knowledge or a standard score that is 2 standard deviations or more below the mean on a measure of written language, reading, and mathematics for those ages 6 to 21. However, if educational performance cannot be assessed in this manner due to functioning level or age, a standardized developmental scale or body of evidence may be used.
A child continues to qualify as intellectually disabled if the child met the initial identification criteria and continues to demonstrate a need for specially designed instruction.
Summary of, and comparison with, existing or proposed federal regulations: N/A.
Comparison with rules in adjacent states: N/A.
Summary of factual data and analytical methodologies:
The language in s. PI 11.36 (1) uses cognitive disability. The term cognitive disability and its definition are not consistent with current means of determining whether someone has an intellectual disability. As a result, cognitive disability is changed to intellectual disability and the definition of and determination of an intellectual disability is changed to align with the American Association on Intellectual and Development Disabilities’ classification manual, Intellectual Disability: Definition, Classification, and Systems of Supports, 11th edition (2010) and to include current terminology used in the Wisconsin Model Early Learning Standards. 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 economic impact on small businesses, as defined in s. 227.114 (1), Stats. Agency contact person: (including email and telephone)
Carl Bryan
Budget and Policy Analyst
Wisconsin Department of Public Instruction
(608) 267-9127
Place where comments are to be submitted and deadline for submission:
Comments should be submitted to Carl Bryan using the contact information above. Comments must be submitted no later than 15 days after publication of the Notice of Submittal of Rules to the Legislative Council Rules Clearinghouse in the Administrative Register. The Department will publish a hearing notice in the Administrative Register which will provide information on the deadline for the submission of comments.
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SECTION 1. PI 11.36 (1) (title), (a) and (b) (intro.) are amended to read:
