PI 11.24(9)(d)4. 4. Notwithstanding the provisions under this paragraph, the act undertaken by a school occupational therapy assistant shall be considered the act of the supervising occupational therapist who has delegated the act.

PI 11.24(9)(e) (e) Responsibility of school occupational therapist. A school occupational therapist under this subsection shall conduct all occupational therapy evaluations and reevaluations of a child, participate in the development of the child’s IEP, and develop occupational therapy treatment plans for the child. A school occupational therapist may not be represented by a school occupational therapy assistant on an IEP team.

PI 11.24(10) (10) School occupational therapy assistants’ qualifications and supervision.

PI 11.24(10)(a) (a) Licensure. A school occupational therapy assistant shall be licensed by the department under s. PI 34.092.

PI 11.24(10)(b) (b) Supervision. The school occupational therapy assistant providing occupational therapy to a child under this section shall be supervised by a school occupational therapist as specified under sub. (9) (d).

PI 11.24 History History: Cr. Register, December, 1975, No. 240, eff. 1-1-76; am. (7) (b) 1 and (8) (b) 1, Register, February, 1976, No. 242, eff. 3-1-76; am. (7) (b) 4 and (8) (b) 2, Register, November, 1976, No. 251, eff. 12-1-76; am. (1) and (8) (b) 4., Register, February, 1983, No. 326, eff. 3-1-83; r. (11) (b) and (c), renum. (11) (a) to be (11), Register, September, 1986, No. 369, eff. 10-1-86; renum. from PI 11.19, Register, May, 1990, No. 413, eff. 6-1-90; am (7) (b) 4., Register, October, 1990, No. 418, eff. 11-1-90; am. (7) (a) and (8) (a), Register, March, 1992, No. 435, eff. 4-1-92; am. (1), (2) (intro.) and (3) (intro.), r. (2) (a) to (d), (3) (a), (b) and (11), r. and recr. (4) to (10), Register, July, 1993, No. 451, eff. 8-1-93; correction in (10) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1998, No. 508; r. (1) to (6), cr. (1) and (2), am. (7) (b) 1. (intro.), 3. (intro.), (e), (9) (b) 1. (intro.), 3. (intro.), (e) and (10) (b), Register, September, 1998, No. 513, eff. 10-1-98; am. (9) (c), Register, May, 2000, No. 533, eff. 6-1-00; corrections in (7) (a), (8) (a), (9) (a), and (10) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659; CR 16-027: am. (1) Register July 2016 No. 727, eff. 8-1-16; correction in (7) (a), (8) (a), (9) (a), (10) (a), made under s. 13.92 (4) (b) 7., Stats., Register June 2019 No. 762.

PI 11.35 PI 11.35 Determination of eligibility. As part of an evaluation or reevaluation under s. 115.782, Stats., conducted by the IEP team in determining whether a child is or continues to be a child with a disability, the IEP team shall identify modifications, if any, that can be made in the regular education program, such as adaptation of content, methodology or delivery of instruction to meet the child’s needs identified under s. 115.782 (2) (b) 2., Stats., that will allow the child to access the general education curriculum and meet the educational standards that apply to all children.

PI 11.35 History History: Cr. Register, May, 1977, No. 257, eff. 6-1-77; am. (2) (intro.), Register, February, 1983, No. 326, eff. 3-1-83; r. (2) (c), renum. (2) (d) to (i) to be (2) (c) to (h), Register, September, 1986, No. 369, eff. 10-1-86; renum. from PI 11.34, Register, May, 1990, No. 413, eff. 6-1-90; r. and recr. (2) (b), cr. (2) (i) to (k), Register, April, 1995, No. 472, eff. 5-1-95; corrections made under s. 13.93 (2m) (b) 1., Stats., Register, March, 1996, No. 483; emerg. cr. (2) (L), eff. 6-25-96; cr. (2) (L), Register, January, 1997, No. 493, eff. 2-1-97; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2000, No. 533; r. (1m), (2) (intro.), (a), (ad), (c) to (h), renum. (2) (b) to be PI 11.36 (2) and (2) (i) to (L) to be PI 11.36 (8) to (11), cr. (2) and (3), Register, December, 2000, No. 540, eff. 7-1-01; CR 19-069: r. and recr. Register February 2020 No. 770, eff. 3-1-20.

PI 11.36 PI 11.36 Areas of impairment. All provisions in these rules shall be construed consistent with 20 USC 1400 et. seq. and the regulations promulgated thereunder.

PI 11.36(1) (1) Intellectual disability.

PI 11.36(1)(a) (a) In this subsection, intellectual disability means significant limitations both in intellectual functioning and in adaptive behavior as expressed in conceptual, social, and practical adaptive skills and manifested during the developmental period that adversely affects the child’s educational performance.

PI 11.36(1)(b) (b) The IEP team may identify a child as having an intellectual disability if the child meets the criteria under subds. 1., 2., and 3. a. or b. as follows:

PI 11.36(1)(b)1. 1. The child has 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.

PI 11.36(1)(b)2. 2. The child has significant limitations in adaptive behavior that are demonstrated by a standard score of 2 or more standard deviations below the mean on standardized or nationally-normed measures, as measured by comprehensive, individual assessments that include interviews of the parents, tests, and observations of the child in adaptive behavior which are relevant to the child’s age, including at least one of the following:

PI 11.36(1)(b)2.am. am. Conceptual skills.

PI 11.36(1)(b)2.bm. bm. Social adaptive skills.

PI 11.36(1)(b)2.cm. cm. Practical adaptive skills.

PI 11.36(1)(b)2.dm. dm. An overall composite score on a standardized measure of conceptual, social, and practical skills.

PI 11.36(1)(b)3. 3.

PI 11.36(1)(b)3.a. a. Except as provided in subd. 3. c., the child is age 3 through 5 and has a standard score of 2 or more standard deviations below the mean on standardized or nationally-normed measures, as measured by comprehensive, individual assessments, in the following areas: language development and communication, cognition and general knowledge.

PI 11.36(1)(b)3.b. b. Except as provided in subd. 3. c., the child is age 6 through 21 and has a standard score of 2 or more standard deviations below the mean on standardized or nationally-normed measures, as measured by comprehensive, individual assessments, in the following areas: written language, reading, and mathematics.

PI 11.36(1)(b)3.c. c. When it is determined that reliable and valid assessment results under subd. 3. a. or b. are not possible due to the child’s functioning level or age, a standardized developmental scale or a body of evidence including informal measures shall be used to assess the child.

PI 11.36(1)(b)4. 4. Upon re-evaluation, a child who met identification criteria for cognitive disability prior to September 1, 2015, 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.

PI 11.36(2) (2) Orthopedic impairment.

PI 11.36(2)(a) (a) Orthopedic impairment means a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes, but is not limited to, impairments caused by congenital anomaly, such as a clubfoot or absence of some member; impairments caused by disease, such as poliomyelitis or bone tuberculosis; and impairments from other causes, such as cerebral palsy, amputations, and fractures or burns that cause contractures.

PI 11.36(2)(b) (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 subsection.

PI 11.36(3) (3) Blind and visually impaired.

PI 11.36(3)(a) (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:

PI 11.36(3)(a)1. 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.