115.48 Contracts under agreement. True copies of all contracts made on behalf of this state pursuant to the agreement shall be kept on file in the department and in the office of the secretary of state. The department shall publish all such contracts in convenient form. History: 1995 a. 27; 1997 a. 27.
SUBCHAPTER III WISCONSIN EDUCATIONAL SERVICES PROGRAM FOR THE DEAF AND HARD OF HEARING AND WISCONSIN CENTER FOR THE BLIND AND VISUALLY IMPAIRED 115.51 Definitions. In this subchapter: (2) “Hearing impaired” has the meaning given in the rules promulgated by the state superintendent to define “hearing impairments” under s. 115.76 (5) (a) 2. (3) “Local educational agency” has the meaning given in s. 115.76 (10). (4) “Visually impaired” means loss of vision, or blindness, as described in the rule promulgated by the state superintendent to define “visual impairments” for the purposes of s. 115.76 (5) (a) 4. History: 1995 a. 27 s. 9145 (1); 1997 a. 27, 164; 1999 a. 9, 185; 2001 a. 57.
115.52 Wisconsin Educational Services Program for the Deaf and Hard of Hearing. (1) DEFINITION. In this section, “program” means the Wisconsin Educational Services Program for the Deaf and Hard of Hearing. (1m) PURPOSE. The purpose of the program is to serve as a statewide educational resource relating to hearing impairments to benefit all Wisconsin children who are hearing impaired. (2) GOVERNANCE. The state superintendent shall maintain and govern the program’s facilities. The state superintendent shall appoint an individual who has training and experience in educating pupils who are hearing impaired to serve as the director of the program. (3) SERVICES. The program shall provide services that benefit children throughout the state who are hearing impaired. (a) School. 1. ‘Residents 3 to 20 years old.’ The program shall operate a school at which any resident of this state 3 to 20 years old who is hearing impaired, and for the duration of a school term any resident of this state who is hearing impaired and
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becomes 21 years old during that school term, shall be received and taught free of charge if the individualized education program for the resident under s. 115.787 and the educational placement under s. 115.79 specify the school operated by the program as the appropriate placement. 2. ‘Residents 21 years old or older.’ The state superintendent may admit to the school operated by the program a resident of the state who is hearing impaired and is 21 years of age or older prior to the beginning of a school term upon the payment of fees fixed by the state superintendent and upon the recommendation of the secretary of health services, the director of the technical college system, or the director of the program. 3. ‘Nonresidents.’ A nonresident of this state, who is hearing impaired, who either is 3 to 20 years old or becomes 21 years old during a school term, whose individualized education program under 20 USC 1414 (d) and educational placement specify the school operated by the program as the appropriate placement, and who is capable of receiving instruction may be received at the school upon payment in advance of the fees fixed by the state superintendent, but no nonresident may be received to the exclusion of a resident pupil. 4. ‘Pupil use of residential facilities.’ Except as provided in sub. (4), the director of the program shall make the residential facilities of the program available to all pupils received at the school operated by the program. 5. ‘School term.’ The state superintendent shall fix the period of the school term at the school operated by the program at not less than 38 weeks, prescribe the school sessions, and confer diplomas upon meritorious pupils who have completed the prescribed curriculum. Pursuant to a pupil’s individualized education program under s. 115.787, a pupil may be placed at the school for less than a school term. 6. ‘Transportation.’ The program may provide transportation for resident pupils at the school operated by the program. (b) Other statewide services. The program may do any of the following: 1. Provide evaluation services to assist local educational agencies, cooperative educational service agencies, county children with disabilities education boards, private schools, tribal schools, and others. 2. Provide technical assistance and consultation services to local educational agencies, cooperative educational service agencies, county children with disabilities education boards, private schools, tribal schools, and others. 3. Develop and disseminate curriculum and instructional materials. 4. Provide in-service and other training to teachers and other staff serving pupils who are hearing impaired. 5. Provide training, technical assistance, and consultation services for parents of children who are hearing impaired and for professionals who work with children who are hearing impaired. 6. Provide access to educational materials to children who are hearing impaired. 7. Loan books and other materials from the library described in par. (c) 2. 8. Serve as a clearinghouse for information about children who are hearing impaired. 9. Teach American sign language, and teach other subjects using American sign language, through the use of distance education technology. 10. Rent or lease technological materials and assistive technology devices, as defined in s. 115.76 (1), to local educational agencies, cooperative educational service agencies, county chil-
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dren with disabilities education boards, private schools, and tribal schools. 11. Facilitate the preparation of teachers of pupils who are hearing impaired by providing assistance to teacher preparation programs. 12. Provide other statewide services that relate to the education of children who are hearing impaired. (c) Additional services. 1. ‘Birth to 3 services.’ The program may provide instruction or services, or both, for children who are under the age of 3 and are hearing impaired and their parents. The instruction or services are subject to the approval of, and shall comply with requirements established by, the department. 2. ‘Library.’ Educational media and materials acquired by the program constitute a circulating collection for persons who are hearing impaired. The collection shall be kept at the program’s facility and be under the supervision of its director. All school age children of the state who are hearing impaired may use the media and materials upon compliance with criteria established by the director of the program and approved by the state superintendent. 3. ‘Summer programs.’ The program shall provide summer programs each year for children who are hearing impaired. 4. ‘Independent living skills.’ With the approval of the state superintendent, the program may allow individuals to receive instruction in and practice independent living skills in state-owned housing at the program’s facility in Delavan. (d) Provision of services. In addition to providing services at the program’s facility in Delavan, the program may provide services at any location in the state and may operate regional satellite facilities throughout the state to provide services. (4) NONDISCRIMINATION. All pupils in the program may equally and freely enjoy the benefits and privileges of the program, have the use of the library and books of instruction, and receive board, lodging, and linens, without discrimination, except that the director of the program may determine that board, lodging, and linens may not be provided to an individual because appropriate services are not available for that individual at the program’s residential facilities. (5) CHARGES. The state superintendent may charge for meals, living quarters, laundry, and other services furnished to employees of the program and their families. The state superintendent may charge for services furnished to visitors to the program’s facilities and participants in training programs and institutes. (6) LEASING OF SPACE. The state superintendent may lease space at the program’s facilities in Delavan that is not required by the program to any person if the state superintendent determines that the use will not be inconsistent with the operation of the program. History: 1971 c. 164; 1973 c. 89; 1977 c. 29; 1983 a. 27; 1993 a. 399, 492; 1995 a. 27 ss. 3890, 9126 (19), 9145 (1); 1997 a. 27, 164; 1999 a. 9; 2001 a. 57; 2007 a. 20 s. 9121 (6) (a); 2009 a. 302; 2013 a. 8.
115.525 Wisconsin Center for the Blind and Visually Impaired. (1) DEFINITION. In this section, “center” means the Wisconsin Center for the Blind and Visually Impaired. (1m) PURPOSE. The purpose of the center is to serve as a statewide educational resource relating to visual impairments to benefit all Wisconsin children who are visually impaired. (2) GOVERNANCE. The state superintendent shall maintain and govern the center. The state superintendent shall appoint an individual who has training and experience in educating pupils who are visually impaired to serve as the director of the center. (3) SERVICES. The center shall provide services that benefit children throughout the state who are visually impaired.
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(a) School. 1. ‘Residents 3 to 20 years old.’ The center shall operate a school at which any resident of this state 3 to 20 years old who is visually impaired, and for the duration of a school term any resident of this state who is visually impaired and becomes 21 years old during that school term, shall be received and taught free of charge if the individualized education program for the resident under s. 115.787 and the educational placement under s. 115.79 specify the school operated by the center as the appropriate placement. 2. ‘Residents 21 years old or older.’ The state superintendent may admit to the school operated by the center a resident of the state who is visually impaired and is 21 years of age or older prior to the beginning of a school term upon the payment of fees fixed by the state superintendent and upon the recommendation of the secretary of health services, the director of the technical college system or the director of the center. 3. ‘Nonresidents.’ A nonresident of this state, who is visually impaired, who either is 3 to 20 years old or becomes 21 years old during a school term, whose individualized education program under 20 USC 1414 (d) and educational placement specify the school operated by the center as the appropriate placement and who is capable of receiving instruction may be received at the school upon payment in advance of the fees fixed by the state superintendent, but no nonresident may be received to the exclusion of a resident pupil. 4. ‘Pupil use of residential facilities.’ Except as provided in sub. (4), the director of the center shall make the residential facilities at the center available to all pupils received at the school operated by the center. 5. ‘School term.’ The state superintendent shall fix the period of the school term at the school operated by the center at not less than 38 weeks, prescribe the school sessions and confer diplomas upon meritorious pupils who have completed the prescribed curriculum. Pursuant to a pupil’s individualized education program under s. 115.787, a pupil may be placed at the school for less than a school term. 6. ‘Transportation.’ The center may provide transportation for resident pupils at the school operated by the center. (b) Other statewide services. The center may do any of the following: 1. Provide testing, evaluation and assessment services to assist local educational agencies, cooperative educational service agencies and county children with disabilities education boards. 2. Provide technical assistance and consultation services to entities such as local educational agencies, cooperative educational service agencies, county children with disabilities education boards, private schools, and tribal schools. 3. Develop and disseminate curriculum and instructional materials. 4. Provide in service and other training to teachers and other staff serving pupils who are visually impaired. 5. Provide training, technical assistance and consultation services for parents of children who are visually impaired and for professionals who work with children who are visually impaired. 6. Provide materials in braille, large print and other appropriate formats to children who are visually impaired. 7. Train teachers and braillists about braille codes and formats used by individuals who are visually impaired. 8. Loan books and other materials from the library described in par. (c) 2. 9. Serve as a clearinghouse for information about children who are visually impaired, including information related to library resources, adapted materials and current research.
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10. Assist in providing assistive technology services, as defined in s. 115.76 (2), for pupils who are visually impaired. 11. Lend, rent or lease technological materials and assistive technology devices, as defined in s. 115.76 (1), to local educational agencies, cooperative educational service agencies and county children with disabilities education boards. 12. Facilitate the preparation of teachers of pupils who are visually impaired by providing assistance to teacher preparation programs. 13. Coordinate and collaborate with public and private agencies and organizations that provide services to individuals who are visually impaired, including the development of employment skills and opportunities. 14. Provide other statewide services that relate to the education of children who are visually impaired. (c) Additional services. 1. ‘Birth to 2 services.’ The center may provide instruction or services, or both, for children who are under the age of 2 and are visually impaired and their parents. The instruction or services are subject to the approval of, and shall comply with requirements established by, the department. 2. ‘Library.’ Embossed, clear type or large type books acquired by the center constitute a circulating collection for persons who are visually impaired. The collection shall be kept at the center and be under the supervision of its director. All school age children of the state who are visually impaired may use such books upon compliance with criteria established by the director of the center and approved by the state superintendent. 3. ‘Summer programs.’ The center shall provide summer programs each year for children who are visually impaired. 4. ‘Adult summer program.’ The center shall provide a summer program each year for adults who are visually impaired. The state superintendent may contract with other entities to provide this program. 5. ‘Independent living skills.’ With the approval of the state superintendent, the center may use state-owned housing on the grounds of the center in Janesville as a facility in which individuals receive instruction in and practice independent living skills. (d) Provision of services. In addition to providing services at the center’s facility in Janesville, the center may provide services at any location in the state and may operate regional satellite facilities throughout the state to provide services. (4) NONDISCRIMINATION. All pupils at the center may equally and freely enjoy the benefits and privileges of the center, have the use of the library and books of instruction and receive board, lodging and laundry, without discrimination, except that the director of the center may determine that board, lodging and laundry may not be provided to an individual because appropriate services are not available for that individual at the center’s residential facilities. (5) CHARGES. The state superintendent may charge for meals, living quarters, laundry and other services furnished to employees of the center and their families. The state superintendent may charge for services furnished to visitors at the center and participants in training programs and institutes. (6) LEASING OF SPACE. The state superintendent may lease space at the center in Janesville that is not required by the center to any person if the state superintendent determines that the use will not be inconsistent with the operation of the center. History: 1999 a. 9; 2007 a. 20 s. 9121 (6) (a); 2009 a. 302; 2013 a. 8.
115.53 State superintendent; powers. The state superintendent may: (2) Arrange for vocational, trade or academic training for any pupil in either the school operated by the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin Educational
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Services Program for the Deaf and Hard of Hearing qualified to take such training advantageously, in either a public school or technical college or a private business establishment in Janesville or Delavan. The public school and the technical college shall be paid the regular tuition for full-time attendance and proportionally for part-time attendance by the school district responsible for the provision of a free appropriate public education under subch. V. (3) Arrange for otological or ophthalmic examination of any pupil or prospective pupil of the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of Hearing or the school operated by the Wisconsin Center for the Blind and Visually Impaired. The examination shall be paid for from the appropriation under s. 20.255 (1) (b), (gL), or (gs). (4) Apply to the board of directors of the University of Wisconsin Hospitals and Clinics Authority for admission to the University of Wisconsin Hospitals and Clinics of any pupil at the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of Hearing or the school operated by the Wisconsin Center for the Blind and Visually Impaired. The application shall be accompanied by the report of a physician appointed by the director of the Wisconsin Educational Services Program for the Deaf and Hard of Hearing or the director of the Wisconsin Center for the Blind and Visually Impaired and shall be in the same form as reports of other physicians for admission of patients to such hospital. (5) Arrange for visits by members of the staff of either the Wisconsin Educational Services Program for the Deaf and Hard of Hearing or the Wisconsin Center for the Blind and Visually Impaired to other public schools or to families of children who are hearing impaired or children who are visually impaired, whenever it appears to the state superintendent that such visits will be of advantage to such children. (6) Charge the school district responsible for a pupil’s placement in a school under this subchapter for the costs of transporting the pupil to and from the pupil’s home on weekends. All fees received under this subsection shall be deposited in the appropriation under s. 20.255 (1) (gt). History: 1971 c. 100 s. 23; 1971 c. 125 s. 522 (1); 1973 c. 90; 1973 c. 243 ss. 50, 82; 1977 c. 29; 1977 c. 418 s. 924 (50); 1977 c. 447 s. 206; 1979 c. 34 s. 2102 (43) (a); 1979 c. 110 s. 60 (12); 1981 c. 20; 1983 a. 27 ss. 1424, 2202 (42); 1985 a. 29; 1987 a. 27; 1993 a. 399, 492; 1995 a. 27 ss. 3891, 3892, 9145 (1); 1997 a. 27, 164; 1999 a. 9; 2001 a. 57; 2011 a. 32. Cross-reference: See also ch. PI 12, Wis. adm. code. The state superintendent does not have the authority to determine whether public schools are segregated or the authority to take enforceable action to desegregate public schools. 65 Atty. Gen. 282.
115.54 Compulsory education. If it appears, by affidavit, to any circuit judge that any child who is either hearing impaired or visually impaired and who is between the ages of 6 and 21 is deprived of a suitable education by the failure of the person having the care and custody of the child to provide a suitable education, the judge shall order the person to bring the child before the judge. If the material allegations of the affidavit are denied, the judge shall subpoena witnesses and hear testimony. If the allegations are admitted or established, the judge may order the child sent to the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, the school operated by the Wisconsin Center for the Blind and Visually Impaired or to some class or other school for instruction, but the order may not make a direct charge for the class or school against any county. History: 1977 c. 449; 1999 a. 9; 2001 a. 57.
115.58 Park grounds. The state superintendent may permit the city of Janesville to use portions of the grounds of the Wisconsin Center for the Blind and Visually Impaired at Janesville, which abut on the Rock river, for purposes of operating a city
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park. Any construction on such grounds is subject to prior approval by the state superintendent. Any agreement pursuant hereto shall be cancelable at the option of either party without liability. Any such grounds so used by the city of Janesville shall be supervised by the city and shall be subject to the ordinances of the city of Janesville applicable to city parks. History: 1995 a. 27 s. 9145 (1); 1997 a. 27; 1999 a. 9.
SUBCHAPTER IV AMERICAN INDIAN LANGUAGE AND CULTURE EDUCATION PROGRAM
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(g) Classification of American Indian pupils enrolled by grade, level of education, age and achievement. (3) The school board of a district establishing an American Indian language and culture education program may designate the school or schools in which the program shall be offered. The parent or guardian of an American Indian pupil may transfer the pupil to the school in which the program is offered, if it is in the same district, in order for the pupil to participate in the program. (4) American Indian language and culture education programs established under this subchapter shall be located in school facilities in which regular classes in a variety of subjects are offered on a daily basis. History: 1979 c. 346.
115.71 Definitions. In this subchapter: (1) “Alternative school” means any nonsectarian private school or tribally operated school in this state which complies with the requirements of 42 USC 2000d and in which at least 75 percent of the pupils enrolled are American Indians. (2) “American Indian” means any person who is: (a) A member of a tribe, band or other organized group of Indians, including those tribes, bands or groups terminated since 1940, or who is a descendant in the first or 2nd degree of any such member; (b) Considered by the federal government, on May 22, 1980, to be an Indian for any purpose; (c) An Eskimo, Aleut or other Alaska native; or (d) Determined to be an Indian under rules promulgated by the state superintendent under s. 115.28 (17) (c). (4) “Home school coordinator” means a person employed by the school district to promote communication between the school and the American Indian community. (5) “Tribal education authority” means the educational authority of a tribe, band or other organized group of American Indians, which may be vested in a tribal department or division of education, a tribal school board, a tribal education committee or any similar body. History: 1979 c. 346; 1981 c. 314 s. 146; 1995 a. 27 s. 9145 (1); 1997 a. 27.
115.72 Establishment of programs. (1) Any school district enrolling American Indian pupils, or alternative school, may establish, on a voluntary basis, an American Indian language and culture education program. The program shall be designed to: (a) Make the school curriculum more relevant to the needs, interests and cultural heritage of American Indian pupils. (b) Provide reinforcement of the positive self-image of American Indian pupils. (c) Develop intercultural awareness among pupils, parents and staff. (2) The American Indian language and culture education program may include: (a) Instruction in American Indian language, literature, history and culture. (b) In-service training and technical assistance for staff in regard to methods of teaching American Indian pupils. (c) Vocational education and counseling for American Indian pupils. (d) Modification of curriculum, instructional methods and administrative procedures to meet the needs of American Indian pupils. (e) Tests of the academic achievement of the American Indian pupils enrolled. (f) Identification of the educational needs of the American Indian pupils enrolled.
115.73 Program requirements. (1) Each school district and alternative school, before establishing a program under this subchapter, shall develop a plan which: (a) Identifies the activities, methods and programs to be used to meet the identified educational needs of the pupils to be enrolled in the program. (b) Describes how the program will be organized, staffed, coordinated and evaluated. (c) Estimates the costs of the program. (2) Each school district and alternative school operating a program under this subchapter shall maintain records concerning the number of American Indian pupils enrolled in the program and of all sums expended in connection with the program. The school district or alternative school shall make affirmative efforts to encourage participation of American Indian pupils in the program by providing for meetings with parents and guardians of American Indian pupils to explain the nature of the program. History: 1979 c. 346.
115.735 Parent advisory committee. (1) Each school district and alternative school which establishes a program under this subchapter shall establish an American Indian parent advisory committee, appointed by the school board, to afford parents and educators of American Indian pupils the opportunity to advise the school board of their views and to ensure that a program is planned, operated and evaluated with their involvement and consultation. If there is a local tribal education authority, the school board shall appoint committee members from recommendations submitted by the authority. (2) The committee shall be composed of parents or guardians of American Indian pupils enrolled in the program, teachers, aides and counselors involved in the program and representatives of local tribal education authorities, but a majority of the members of each committee shall be parents or guardians of American Indian pupils enrolled in the program. (3) If an advisory committee exists which meets the requirements of sub. (2), it may serve as the parent advisory committee. If the school board consists solely of parents or guardians of American Indian pupils, it may serve as the parent advisory committee. History: 1979 c. 346.
115.74 Assessment of needs and evaluation of resources. (1) On or before July 1 in every even-numbered year, the state superintendent shall: (a) Conduct a statewide assessment of the need for American Indian language and culture education programs. The assessment shall include information on: 1. Numbers, ages, location and tribal affiliation of American Indian pupils. 2. Concentration of American Indian pupils in attendance ar-
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eas, as defined in s. 121.845 (1), within each school district by tribal affiliation. 3. Rates of American Indian children receiving special education and related services under subch. V of ch. 115 in comparison with statewide and district-wide rates. 4. Advancement, achievement levels and dropout rates of American Indian pupils in comparison with average advancement and dropout rates. 5. Participant response to the program. (b) Evaluate the American Indian language and culture education programs established under this subchapter. Alternative school programs shall be evaluated under this paragraph only with the permission of the school. (2) Annually, on or before July 1, the state superintendent shall evaluate all available resources and programs which are or could be directed toward meeting the educational needs of American Indian pupils. The evaluation shall include information on: (a) Numbers, locations and qualifications of teachers, administrators, counselors and others from American Indian backgrounds who are interested in working in American Indian language and culture education programs. (b) Programs in this state designed for the preparation of American Indian language and culture education teachers. (c) The effectiveness of programs for American Indian pupils in this state other than programs established under this subchapter. (d) The effectiveness of preservice and in-service programs for staffs of American Indian language and culture education programs. (e) The tests, criteria, procedures and methods used to identify, test, assess and classify American Indian pupils. (3) The assessment of needs under sub. (1) (a) and the evaluation of resources under sub. (2) shall be performed on Indian reservations and in other Indian communities recognized by the federal government only in conjunction with, or with the permission of, the respective tribal governments. (4) The state superintendent shall prepare a biennial report which shall be included as an addendum to the department’s biennial report under s. 15.04 (1) (d). The report shall include the results of the most recent assessment of needs and evaluation of programs under sub. (1), the evaluation of resources under sub. (2) and recommendations for legislation in the area of American Indian language and culture education. History: 1979 c. 346; 1983 a. 189 s. 329 (17m); 1983 a. 524; 1985 a. 29 s. 3202 (43); 1989 a. 56; 1997 a. 27, 164.
115.745 Tribal language revitalization grants. (1) A school board, a cooperative educational service agency, or an agency determined by the state superintendent to be eligible for designation under 42 USC 9836 as a head start agency, in conjunction with a tribal education authority, may apply to the department for a grant for the purpose of supporting innovative, effective instruction in one or more American Indian languages. (2) The department shall award grants under sub. (1) from the appropriation under s. 20.255 (2) (km). (3) The department shall promulgate rules to implement and administer this section. History: 2009 a. 28; 2017 a. 59. Cross-reference: See also ch. PI 38, Wis. adm. code.
SUBCHAPTER V CHILDREN WITH DISABILITIES Cross-reference: See also ch. PI 11, Wis. adm. code.
115.76
115.758 Construction. To the extent possible, this subchapter shall be construed in a manner that is consistent with 20 USC 1400 to 1482 and is consistent with the purposes specified in 20 USC 1400 (d). History: 1997 a. 164; 2005 a. 258.
115.76 Definitions. In this subchapter: (1) “Assistive technology device” means any item, piece of equipment or product system that is used to increase, maintain or improve the functional capabilities of a child with a disability other than a medical device that is surgically implanted or the replacement of such a device. (2) “Assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition or use of an assistive technology device, including all of the following: (a) The evaluation of the needs of the child, including a functional evaluation of the child in the child’s customary environment. (b) Purchasing, leasing or otherwise providing for the acquisition of assistive technology devices by the child. (c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing of assistive technology devices. (d) Coordinating and using other therapies, interventions or services with assistive technology devices, such as those associated with existing education and rehabilitative plans and programs. (e) Training or technical assistance for the child or, where appropriate, the child’s family. (f) Training or technical assistance for professionals, including individuals providing education and rehabilitative services, employers or other individuals who provide services to, employ or are otherwise substantially involved in the major life functions of the child. (3) “Child” means any person who is at least 3 years old but not yet 21 years old and who has not graduated from high school and, for the duration of a school term, any person who becomes 21 years old during that school term and who has not graduated from high school, and includes a child who is homeless, a child who is a ward of the state, county, or child welfare agency, and a child who is attending a private school. (5) (a) “Child with a disability” means a child who, by reason of any of the following, needs special education and related services: 1. Cognitive disabilities. 2. Hearing impairments. 3. Speech or language impairments. 4. Visual impairments. 5. Emotional behavioral disability. 6. Orthopedic impairments. 7. Autism. 8. Traumatic brain injury. 9. Other health impairments. 10. Learning disabilities. (b) “Child with a disability” may, at the discretion of the local educational agency and consistent with department rules, include a child who, by reason of his or her significant developmental delay, needs special education and related services. Cross-reference: See also s. PI 11.36, Wis. adm. code.
(6) “Division” means the division for learning support in the department. (7) “Free appropriate public education” means special educa-
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tion and related services that are provided at public expense and under public supervision and direction, meet the standards of the department, include an appropriate preschool, elementary or secondary school education and are provided in conformity with an individualized education program. (8) “Hearing officer” means an independent examiner appointed to conduct hearings under s. 115.80. (9) “Individualized education program” means a written statement for a child with a disability that is developed, reviewed and revised in accordance with s. 115.787. (10) “Local educational agency”, except as otherwise provided, means the school district in which the child with a disability resides, the department of health services if the child with a disability resides in an institution or facility operated by the department of health services, or the department of corrections if the child with a disability resides in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s. 301.01 (5). (11) “Native language”, when used with reference to an individual of limited English proficiency, means the language normally used by the individual. (12) (a) “Parent” means any of the following: 1. A biological parent. 2. A husband who has consented to the artificial insemination of his wife under s. 891.40. 3. A male who is presumed to be the child’s father under s. 891.41. 4. A male who has been adjudicated the child’s father under subch. VIII of ch. 48, under subch. IX of ch. 767, by final order or judgment of an Indian tribal court of competent jurisdiction or by final order or judgment of a court of competent jurisdiction in another state. 5. An adoptive parent. 6. A legal guardian. 7. A person acting as a parent of a child. 9. A person assigned as a surrogate parent under s. 115.792 (1) (a) 2. 10. A foster parent, if the right and the responsibility of all of the persons specified in subds. 1. to 5. to make educational decisions concerning a child have been extinguished by termination of parental rights, by transfer of guardianship or legal custody or by other court order, and if the foster parent has an ongoing, longterm parental relationship with the child, is willing to make the educational decisions that are required of a parent under this subchapter and has no interests that would conflict with the interests of the child. (b) “Parent” does not include any of the following: 1. A person whose parental rights have been terminated. 2. The state, a county, or a child welfare agency, if a child was made a ward of the state, county, or child welfare agency under ch. 54, 2017 stats., or ch. 880, 2003 stats., or if a child has been placed in the legal custody or guardianship of the state, county, or child welfare agency under ch. 48 or 767. 3. An American Indian tribal agency if the child was made a ward of the agency or placed in the legal custody or guardianship of the agency. (13) “Person acting as a parent of a child” means a relative of the child or a private individual allowed to act as a parent of a child by the child’s biological or adoptive parents or guardian, and includes the child’s grandparent, neighbor, friend or private individual caring for the child with the explicit or tacit approval of the child’s biological or adoptive parents or guardian. “Person acting as a parent of a child” does not include any person that re-
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ceives public funds to care for the child if such funds exceed the cost of such care. (14) (a) “Related services” means transportation and such developmental, corrective, and other supportive services as may be required to assist a child with a disability to benefit from special education, including all of the following: 1. Speech-language pathology and audiology services. 2. Interpreting services. 3. Psychological services. 4. Physical and occupational therapy. 5. Recreation, including therapeutic recreation. 6. Social work services. 7. School nursing services designed to enable a child with a disability to receive a free appropriate public education as described in the child’s individualized education program. 8. Counseling services, including rehabilitative counseling. 9. Orientation and mobility services. 10. Medical services for diagnostic and evaluative purposes only. 11. The early identification and assessment of disabling conditions in children. (b) “Related services” does not include a medical device that is surgically implanted or the replacement of such a device. (14g) “Residential care center for children and youth” means a facility operated by a child welfare agency licensed under s. 48.60 for the care and maintenance of children residing in that facility. (15) “Special education” means specially designed instruction, regardless of where the instruction is conducted, that is provided at no cost to the child or the child’s parents, to meet the unique needs of a child with a disability, including instruction in physical education. (16) “Supplementary aids and services” means aids, services and other supports that are provided in regular education classes or other education-related settings to enable a child with a disability to be educated with nondisabled children to the maximum extent appropriate. (17) “Transition services” has the meaning given in 20 USC 1401 (34). History: 1997 a. 164, 237; 1999 a. 116, 161; 2001 a. 59; 2005 a. 258, 344, 387; 2005 a. 443 s. 265; 2007 a. 20 s. 9121 (6) (a); 2007 a. 97; 2011 a. 158; 2015 a. 128; 2019 a. 109.
115.762 Division for learning support. (1) APPOINTMENT OF ADMINISTRATOR. The state superintendent shall appoint the administrator of the division. (2) STAFF. Subject to the approval of the state superintendent, the administrator of the division shall appoint qualified staff necessary to perform the duties required of the division. (3) DIVISION DUTIES. The division is responsible for all of the following: (a) Ensuring that all children with disabilities, including children who are not yet 3 years of age, who reside in this state and who are in need of special education and related services are identified, located and evaluated. (am) Ensuring that a free appropriate public education is available to all children with disabilities who reside in this state, including such children who are suspended or expelled from school. (b) Developing and implementing a practical method to determine which children with disabilities are receiving special education and related services. (c) Complying with the requirements of this subchapter and
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applicable federal law, including 20 USC 1415 (k) and 42 USC 11431 to 11434a. (d) Coordinating and supervising the provision of all publicly funded special education and related services for children with disabilities in this state and ensuring that such education and services meet the educational standards of the department, including any criteria established by the department relating to enrollment. (e) Determining local educational agency eligibility for assistance, including determining whether a local educational agency is failing to comply with any of the requirements of the plan submitted to the division under s. 115.77 (4). (g) Monitoring and enforcing local educational agency and residential care center for children and youth compliance with this subchapter and applicable federal law, including 20 USC 1415 (k) and 42 USC 11431 to 11434a. (h) Developing and maintaining a performance plan in compliance with 20 USC 1416 (b). (i) Establishing and maintaining qualifications to ensure that personnel necessary to carry out the requirements of this subchapter are appropriately and adequately prepared and trained, in compliance with 20 USC 1412 (a) (14), and requiring that local educational agencies take measurable steps to recruit, hire, train, and retain highly qualified personnel to provide special education and related services to children with disabilities under this subchapter. (j) Examining data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities among local educational agencies or compared to such rates for nondisabled children within such agencies. If such discrepancies are occurring, the division shall review and, if appropriate, revise or require the affected local educational agency to revise its policies, procedures and practices relating to the development and implementation of individualized education programs, the use of positive behavioral interventions and supports and procedural safeguards to ensure that such policies, procedures and practices comply with this subchapter. (4) LIMITATION. Nothing in this subchapter requires that special education and related services be provided to a child with a disability who is at least 18 years old and who, in the child’s educational placement before his or her incarceration in a state prison, was not identified as a child with a disability or for whom an individualized education program was not developed. History: 1997 a. 164; 1999 a. 161; 2001 a. 59; 2005 a. 258; 2011 a. 158.
115.77 Local educational agency duties. (1) In sub. (1m) (a) to (d), except as provided in s. 118.51 (12) (b), if a child with a disability 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 district that the child is attending. (1m) A local educational agency shall demonstrate to the division that it does all of the following: (a) Identifies, locates and evaluates all children with disabilities who are in need of special education and related services, including such children who are not yet 3 years of age. A local educational agency may provide special education and related services to children with disabilities who are not yet 3 years of age under an interagency agreement with a county agency responsible for the early intervention program under s. 51.44. (b) Makes available a free appropriate public education to children with disabilities as required by this subchapter and applicable state and federal law, except that a local educational agency that provides special education and related services to a child with a disability who has not yet attained the age of 3 and
115.77
who is participating in an early intervention program under s. 51.44 is not required to provide the child with a free appropriate public education. (bg) Includes children with disabilities in statewide and local educational agency-wide assessments, including assessments described in 20 USC 6311 (b) (2), with appropriate accommodations and alternate assessments where necessary and as indicated in their individualized education programs. (c) Ensures that children participating in early intervention programs under s. 51.44 who will participate in preschool programs assisted under this subchapter experience a smooth and effective transition to those preschool programs and that, by the 3rd birthday of such a child, an individualized education program has been developed and is being implemented for the child. The local educational agency shall participate in transition planning conferences arranged by the county administrative agency, as defined in s. DHS 90.03 (10), Wis. Adm. Code. (d) Ensures that children with disabilities who are enrolled in private schools and facilities are provided special education and related services, in accordance with individualized education programs, at no cost to them or to their parents, if such children are placed in, or referred to, such schools or facilities by a local educational agency to satisfy the requirements of this subchapter or applicable federal law. (e) To the extent consistent with the number and location of children with disabilities who are enrolled by their parents in private elementary and secondary schools located within the local educational agency, ensures that those children have an opportunity to participate in special education and related services and that the amount spent to provide those services by the local educational agency is equal to a proportionate amount of federal funds made available under this subchapter. (f) Establishes written policies, procedures, and programs for implementing this subchapter and applicable federal law. (g) Makes available to any person, upon request, all documents relating to the agency’s eligibility for funds under this subchapter. (h) Regularly publicizes information regarding its special education procedures and services. (2) The local educational agency shall provide the division with information necessary to enable the division to carry out its duties under this subchapter and applicable federal law. (3) Any state or federal aid that is made available to a local educational agency for special education and related services shall be used by the local educational agency to comply with this subchapter. (4) A local educational agency shall submit to the division, pursuant to a schedule and instructions established and published by the division, a plan that provides assurances to the division that the local educational agency meets the conditions required by 20 USC 1413 (a), including all of the following: (L) Statements of assurance as required by applicable federal law. (m) Information relating to access of private school pupils to the local educational agency’s special education and related services. (p) Assurances that the local educational agency, in providing for the children with disabilities within its jurisdiction, has in effect policies, procedures, and programs that are consistent with this subchapter and applicable federal law. (q) The local educational agency’s plan for ensuring that all personnel necessary to carry out the requirements of this subchapter are appropriately and adequately prepared according to applicable state and federal law.
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(r) The data regarding children with disabilities and nondisabled children in the local educational agency that the division is required to collect or report to be in compliance with 20 USC 1400 to 1482. (s) Any other information the division requires to permit its review of the plan. (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. (9) The local educational agency shall exercise its authority in compliance with 20 USC 1415 (k). History: 1997 a. 164; 1999 a. 117; 2005 a. 258; 2009 a. 180; 2015 a. 55; 2017 a. 36, 59. When 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).
115.775 Duties of operators of certain charter schools. (1) Except as provided in sub. (2), an operator of a charter school under s. 118.40 (2r) or (2x) is a local educational agency, as defined in 20 USC 1401 (19), and shall comply with 20 USC 1400 to 1482. (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. History: 1999 a. 9; 2005 a. 258; 2015 a. 55.
115.777 Special education referrals. (1) (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. (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. (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 re-
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lated information to the school board of the school district that the child is attending. (2) (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. (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. (3) A local educational agency shall do all of the following: (a) Establish written procedures for accepting and processing referrals. (b) Document and date the receipt of each referral. (c) Provide information and in-service opportunities to all of its licensed staff to familiarize them with the agency’s referral procedures. (d) At least annually, inform parents and persons required to make referrals under sub. (1) (a) about the agency’s referral and evaluation procedures. (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. History: 1997 a. 164; 1999 a. 117; 2005 a. 258; 2015 a. 55.
115.78 Individualized education program team; timeline. (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. (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: (a) The parents of the child. (b) At least one regular education teacher of the child if the child is, or may be, participating in a regular educational environment. (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. (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. (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). (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. (g) Whenever appropriate, the child. (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.
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(2) DUTIES OF TEAM. The individualized education program team shall do all of the following: (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. (b) Develop an individualized education program for the child under s. 115.787. (c) Determine the special education placement for the child under s. 115.79. (3) TIMELINE. (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. (b) The 60-day period under par. (a) does not apply to a local educational agency if any of the following occur: 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. 2. The child’s parent repeatedly fails or refuses to produce the child for the evaluation. (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. (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. (5) ATTENDANCE AT MEETINGS. (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. (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. (c) A parent’s agreement under par. (a) and consent under par. (b) shall be in writing. History: 1997 a. 164; 1999 a. 117; 2005 a. 258 ss. 28 to 33, 45; 2015 a. 55.
115.782 Evaluations. (1) The local educational agency shall do all of the following: (a) Notify the parents of the child, in accordance with s.
115.782
115.792, of any evaluation procedures the agency proposes to conduct and the names of the individuals who will conduct the evaluation if known. (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. (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). (2) CONDUCT OF EVALUATION. (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: 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. 2. Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors. 3. Ensure all of the following: 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. 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. c. That the child is assessed in all areas of suspected disability. d. That assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are used. (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: 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. 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: a. Whether the child has a particular category of disability and the educational needs of the child or, in case of a reevaluation
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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of a child, whether the child continues to have such a disability and such educational needs. b. The present levels of academic achievement and related developmental needs of the child. 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. 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. (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. (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. (3) DETERMINATION OF ELIGIBILITY FOR SPECIAL EDUCATION. (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. (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. (4) REEVALUATIONS. (a) A local educational agency shall ensure that the individualized education program team does all of the following: 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. 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. (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.
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(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. History: 1997 a. 164; 1999 a. 117; 2005 a. 258. Cross-reference: See also s. PI 11.35, Wis. adm. code.
115.787 Individualized education programs. (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. (2) REQUIRED COMPONENTS. An individualized education program shall include all of the following: (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. (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. (bm) For a child with a disability who takes alternate assessments aligned with alternate achievement standards, a description of benchmarks or short-term objectives. (c) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child to do all of the following: 1. Advance appropriately toward attaining the annual goals. 2. Be involved and make progress in the general curriculum in accordance with par. (a) and participate in extracurricular and other nonacademic activities. 3. Be educated and participate with other children with disabilities and nondisabled children in the activities described in this subsection. (d) An explanation of the extent to which the child will not participate with nondisabled children in regular classes, in the general curriculum and in extracurricular and other nonacademic activities. (e) 1. A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on statewide or local educational agency-wide assessments. 2. If the individualized education program team determines that a child will take an alternate assessment on a particular statewide or local educational agency-wide assessment of pupil achievement, a statement of why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child. (em) A statement of whether it is appropriate to administer the civics test under s. 118.33 (1m) (a) to the child and, if it is ap-
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propriate, any accommodations that are necessary to measure the child’s knowledge of the information required to be tested on the civics test required under s. 118.33 (1m) (a). (f) The projected date for the beginning of the services and modifications described in par. (c) and the anticipated frequency, location and duration of those services and modifications. (g) 1. Beginning not later than in the first individualized education program that will be in effect when the child is 14, and updated annually thereafter, a statement of appropriate, measurable postsecondary goals for the child based on age-appropriate transition assessments related to training, education, employment and, where appropriate, independent living skills. An individualized education program that indicates a goal of a technical education high school diploma under s. 118.33 (1) (g) shall specify the course of study that the pupil must take to attain that goal. 2. Beginning not later than in the first individualized education program that will be in effect when the child is 14, and updated annually thereafter, a description of the transition services, including courses of study, needed to assist the child in reaching the goals under subd. 1. 3. Beginning at least one year before the child attains the age of 18, and annually thereafter, a statement that the child has been informed of the child’s rights that will transfer to the child on reaching the age of 18 under s. 115.807. (h) A statement of all of the following: 1. How the child’s progress toward attaining the annual goals described in par. (b) will be measured. 2. When periodic reports, such as quarterly reports or other periodic reports issued concurrently with report cards, on the child’s progress toward attaining the annual goals described in par. (b) will be provided to the child’s parents. (3) DEVELOPMENT. (a) In developing each child’s individualized education program, the individualized education program team shall consider the strengths of the child, the concerns of the child’s parents for enhancing the education of their child, the results of the initial evaluation or most recent reevaluation of the child, and the academic, developmental, and functional needs of the child. (b) The individualized education program team shall do all of the following: 1. In the case of a child whose behavior impedes his or her learning or that of others, consider the use of positive behavioral interventions and supports and other strategies to address that behavior. 2. In the case of a child with limited English proficiency, consider the language needs of the child as such needs relate to the child’s individualized education program. 3. In the case of a child who is visually impaired, provide for instruction in Braille and the use of Braille unless the individualized education program team determines, after an evaluation of the child’s reading and writing skills, needs and appropriate reading and writing media, including an evaluation of the child’s future needs for instruction in Braille or the use of Braille, that instruction in Braille or the use of Braille is not appropriate for the child. 4. Consider the communication needs of the child, and, in the case of a child who is hearing impaired, consider the child’s language and communication needs, opportunities for direct communications with peers and professional personnel in the child’s language and communication mode, academic level and full range of needs, including opportunities for direct instruction in the child’s language and communication mode. 5. Consider whether the child requires assistive technology devices and services.
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(c) The regular education teacher of the child, as a participant on the individualized education program team, shall, to the extent appropriate, participate in the development of the individualized education program of the child, including the determination of appropriate positive behavioral interventions and supports and other strategies and the determination of supplementary aids and services, program modifications and support for school personnel. (e) The local educational agency shall give a copy of the child’s individualized education program to the child’s parents with the notice of placement under s. 115.792 (2). (4) REVIEW AND REVISION. (a) The individualized education program team shall do all of the following: 1. Review the child’s individualized education program periodically, but at least annually, to determine whether the annual goals for the child are being achieved. 2. Revise the individualized education program as appropriate to address all of the following: a. Any lack of expected progress toward the annual goals and in the general curriculum. b. The results of any reevaluation conducted under s. 115.782. c. Information about the child provided to or by the child’s parents, as described in s. 115.782. d. The child’s anticipated needs. e. Other matters. (b) The regular education teacher of the child, as a participant on the individualized education program team, shall, to the extent appropriate, participate in the review and revision of the individualized education program of the child. (c) After the annual individualized education program meeting for a school year, the entire individualized education program team may make changes to the child’s individualized education program, or the child’s parent and the local educational agency may agree not to convene an individualized education program team meeting for the purpose of making changes to the child’s individualized education program. If the child’s parent and the local educational agency agree not to convene an individualized education program team meeting, they shall instead develop a written document to modify the child’s current individualized education program. The local educational agency shall give the child’s parent a copy of the child’s revised individualized education program. (5) FAILURE TO MEET TRANSITION OBJECTIVES. If a participating agency, other than the local educational agency, fails to provide transition services in accordance with sub. (2) (g), the local educational agency shall reconvene the individualized education program team to identify alternative strategies to meet the transition objectives for the child set out in the individualized education program. (6) CHILDREN WITH DISABILITIES IN STATE PRISONS. (a) 1. The requirements relating to participation of children with disabilities in general assessments under sub. (2) (e) do not apply to a child with a disability who is convicted of a crime under state law and incarcerated in a state prison. 2. The requirements relating to transition planning and transition services under sub. (2) (g) 1. and 2. do not apply with respect to a child with a disability who is convicted of a crime under state law and incarcerated in a state prison and whose eligibility under this subchapter will end, because of his or her age, before he or she will be released from prison. (b) If a child with a disability is convicted of a crime and incarcerated in a state prison, the child’s individualized education program team may modify the child’s individualized education
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program or placement notwithstanding the requirements of sub. (1) and s. 115.79 (1) (a) if the department of corrections has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated. (7) CONSTRUCTION. Nothing in this section requires the individualized education program team to include information under one component of a child’s individualized education program that is already contained under another component of the individualized education program or requires that additional information be included in a child’s individualized education program beyond what is explicitly required by this section. History: 1997 a. 164; 1999 a. 117; 2005 a. 258; 2011 a. 125, 156; 2015 a. 212; 2019 a. 118.
115.79 Educational placements. (1) Each local educational agency shall ensure that all of the following occur: (a) An evaluation is conducted under s. 115.782 before special education and related services are provided to a child with a disability. (b) An educational placement is provided to implement a child’s individualized education program. Except as provided in s. 118.51 (12) (b), if a child with a disability 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 that the child is attending shall provide an educational placement for the child and shall pay tuition charges instead of the school district in which the child resides if required by the placement. (c) To the maximum extent appropriate, a child with a disability, including a child receiving publicly funded special education in a public or private institution or other care facility, is educated with nondisabled children. (d) Special classes, separate schooling or other removal of a child with a disability from the regular educational environment occurs only when the nature or severity of the child’s disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. (2) A local educational agency shall seek to obtain informed consent from the parent of a child with a disability before providing special education and related services to the child. If the parent of a child with a disability denies consent, the local educational agency shall not provide special education and related services to the child. If the parent of a child with a disability denies consent or does not respond to a request for consent, all of the following apply: (a) The local educational agency is not in violation of the requirement to make available to the child a free appropriate public education. (b) The local educational agency is not required to convene an individualized education program team meeting or to develop an individualized education program for the child for the special education and related services for which the local educational agency sought consent. History: 1997 a. 164; 1999 a. 117; 2005 a. 258; 2015 a. 55; 2017 a. 59.
115.791 Reimbursement for private school placement. (1) If the parents of a child with a disability who previously received special education and related services under the authority of a local educational agency enroll the child in a private elementary or secondary school without the consent of or referral by the local educational agency, a court or a hearing officer may require the local educational agency to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the local educational agency had not made a free appropriate public education available to the child in a timely manner before that enrollment.
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(2) The cost of reimbursement described in sub. (1) may be reduced or denied if any of the following applies: (a) At the most recent individualized education program meeting that the parents attended before removal of the child from the local educational agency, the parents did not inform the individualized education program team of their concerns, their rejection of the placement proposed by the local educational agency to provide a free appropriate public education to their child and their intent to enroll the child in a private school at public expense; or at least 10 business days, including any holidays that occur on a business day, before the removal of the child from the local educational agency, the parents did not give written notice to the local educational agency of their concerns, their rejection of the placement and their intent to enroll the child in a private school at public expense. (b) If, before the parents’ removal of the child from the local educational agency, the local educational agency notified the parents under s. 115.792 of its intent to evaluate the child, including a statement of the purpose of the evaluation that was appropriate and reasonable, but the parents did not make the child available for the evaluation. (c) A court finds the parents’ actions unreasonable. (3) (a) Notwithstanding the notice requirement in sub. (2) (a), the cost of reimbursement may not be reduced or denied for failure to provide such notice if any of the following apply: 2. Compliance with sub. (2) (a) would likely result in physical harm to the child. 3. The local educational agency prevented the parent from providing such notice. 4. The parents had not received notice, pursuant to s. 115.792, of the notice requirement in sub. (2) (a). (b) Notwithstanding the notice requirement in sub. (2) (a), a court or hearing officer may determine not to reduce or deny the cost of reimbursement for failure to provide such notice if any of the following apply: 1. The parent is illiterate and cannot write in English. 2. Compliance with sub. (2) (a) would likely result in serious emotional harm to the child. (4) Subject to s. 115.77 (1m) (d) and (e), this section does not require a local educational agency to pay the cost of education, including special education and related services, of a child with a disability at a private school or facility, including a child with a disability attending a private school under s. 115.7915, if the local educational agency made a free appropriate public education available to the child and the child’s parents elected to place the child in a private school or facility. History: 1997 a. 164; 2005 a. 258; 2015 a. 55.
115.7915 Special Needs Scholarship Program. (1) DEFINITIONS. In this section: (a) “Eligible school” means a private school located in this state. (b) “Resident school board” means the school board of a resident school district. (c) “Resident school district” means the school district in which a pupil resides. (d) “Services plan” has the meaning given in 34 CFR 300.37. (2) SCHOLARSHIP REQUIREMENTS. Beginning in the 2016-17 school year, the department shall provide to a child with a disability a scholarship under sub. (4m) (a) to attend an eligible school if all of the following apply: (b) The governing body of the eligible school notified the department of its intent to participate in the program under this section.
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(c) The eligible school has been approved as a private school by the state superintendent under s. 118.165 (2) or is accredited by Cognia, Inc., Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, Wisconsin Association of Christian Schools, National Lutheran School Accreditation, Christian Schools International, Association of Christian Schools International, the diocese or archdiocese within which the eligible school is located, or any other organization recognized by the National Council for Private School Accreditation, as of the August 1 preceding the school term for which the scholarship is awarded. (d) An individualized education program or services plan is in effect for the child. (f) The child’s parent or guardian on behalf of the child, or, for a child with a disability who has reached the age of 18 and has not been adjudicated incompetent, the child, submitted an application for a scholarship under this section on a form prepared by the department that includes the document developed by the department under sub. (4) to the eligible school that the child will attend. A child’s parent or guardian or a child with a disability who has reached the age of 18 may apply for a scholarship at any time during a school year and, subject to sub. (3) (b), a child may begin attending an eligible school under this section at any time during the school year. (g) The eligible school has accepted the child’s application to attend the eligible school under a scholarship awarded under this section. (h) The child’s parent or guardian consents to make the child available for a reevaluation within 60 days following a request for a reevaluation under this paragraph. The individualized education program team appointed for the child by the resident school district shall conduct the reevaluation, except that, if the child is attending an eligible school under this section in a nonresident school district and the parent or guardian of the child provides written consent, an individualized education program team appointed for the child by that nonresident school district may conduct the reevaluation. Upon the request of the school board of the child’s resident school district, the individualized education program team shall conduct the reevaluation required under this paragraph in the manner described under s. 115.782 (4) (a) 2. no more frequently than once every 3 years, determined from the date of the most recent evaluation or reevaluation conducted for the child under s. 115.782 or, for a child whose most recent evaluation or reevaluation was conducted more than 3 years before the child began attending an eligible school under this section, the date the child began attending an eligible school under this section. (3) PARTICIPATING SCHOOLS; SELECTION OF PUPILS. (a) The governing body of an eligible school that intends to participate in the program under this section shall notify the department of its intent. The governing body of the eligible school shall include in the notice under this paragraph the number of spaces the eligible school has available for children receiving a scholarship under this section. (b) If a private school participating in the program under this section receives more applications for scholarships under sub. (2) (f) than the number of children specified in the notice under par. (a), it shall accept applicants in the order in which applications are received, except that the private school may give preference to siblings of pupils who are already attending the private school. (bm) Upon receipt of an application for a scholarship under sub. (2) (f), the governing body of the eligible school shall determine whether the application satisfies the requirements under sub. (2), other than the requirement under sub. (2) (d), and shall
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request verification from the local education agency that developed the child’s individualized education program or services plan that the child has an individualized education program or services plan in place that meets the requirement in sub. (2) (d). The governing body of the eligible school shall also notify the child’s resident school board that, pending verification that the requirements of sub. (2) have been satisfied, the child will be awarded a scholarship under this section. The local education agency shall, within 5 business days of receiving a request under this paragraph, provide the governing body of the eligible school with a copy of the child’s individualized education program or services plan. (c) The governing body of a private school participating in the program under this section shall notify the department when it verifies that a child has an individualized education program or services plan in effect and accepts the child’s application to attend the private school under a scholarship awarded under this section. (4) DEPARTMENT DUTIES. (am) The department shall develop a document for inclusion with an application under sub. (2) (f), and revise it as necessary, comparing the rights of a child with a disability and of his or her parent under this subchapter, other than this section, and 20 USC 1400 to 1482, with the rights of a child with a disability and of his or her parent under this section and 20 USC 1400 to 1482. (bm) Receipt by an applicant of the document developed under par. (am), acknowledged in a format prescribed by the department, constitutes notice that the applicant has been informed of his or her rights under this section and 20 USC 1400 to 1482. Subsequent acceptance of a scholarship under this section constitutes the applicant’s informed acknowledgment of the rights specified in the document. (4c) PRIVATE SCHOOL; STATEMENT OF ACTUAL COSTS. Beginning in the 2018-19 school year, at the end of a school year in which a private school receives a scholarship under sub. (4m) on behalf of a child with a disability, the private school may submit to the department a financial statement and supporting documentation that shows the actual costs that the private school incurred to comply with sub. (6) (h) 1. for that child during that school year. The department shall provide the resident school board a copy of any financial statement and documentation it receives under this subsection. (4m) SCHOLARSHIP PAYMENTS; STATE AID REDUCTION. (a) Subject to par. (c), from the appropriation under s. 20.255 (2) (az), the department shall pay the private school a child attends under the scholarship program under this section, on behalf of a child’s parent or guardian, the following amount: 1. In the 2016-17 school year, $12,000. 2. a. In the 2017-18 school year, the sum of the scholarship amount under this paragraph for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive. b. Beginning in the 2018-19 school year and subject to subd. 3., the sum of the scholarship amount under this subdivision for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; the change in the revenue ceiling, as defined in s. 121.905 (1), between the previous school year and current school year, if positive; the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive;
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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and in the 2023-24 school year, 14.5 percent of the revenue ceiling, as defined in s. 121.905 (1), for that school year. 3. Beginning in the 2019-20 school year, if a private school submitted a financial statement for a child with a disability under sub. (4c) in the previous school year, the amount shown on the financial statement for that child for the previous school year, up to 150 percent of the amount calculated under subd. 2. b. for the current school year. (b) The department shall pay 25 percent of the total amount under par. (a) in September, 25 percent in November, 25 percent in February, and 25 percent in May. Each installment may consist of a single check for all children attending the private school who are receiving a scholarship under par. (a). The department shall include the entire amount under sub. (4p) in the November installment, but the payment shall be made in a separate check from the payment under this subsection. (c) The department may not make a scholarship payment under par. (a) or sub. (4p) to a private school on behalf of a child’s parent or guardian unless the child’s parent or guardian has acknowledged receiving the private school’s profile under sub. (6) (g) in the manner provided by the department. (cm) If a private school receives a payment under par. (a) 3. and the amount shown on the financial statement submitted for the child with a disability under sub. (4c) in the previous school year is greater than 150 percent of the amount calculated under par. (a) 2. b. for the current school year, the department shall pay to the private school, from the appropriation under s. 20.255 (2) (az), the amount determined as follows: 1. Multiply the amount calculated under par. (a) 2. b. for the current school year by 1.5. 2. Subtract the product under subd. 1. from the amount shown on the financial statement. 3. Multiply the difference determined under subd. 2. by 0.90. (d) Except as provided in par. (e), a scholarship awarded to a child for the child to attend a private school under par. (a) continues until the child graduates from high school or until the end of the school term in which the child attains the age of 21, whichever comes first. (e) 1. If an individualized education program team, upon reevaluation of a child as required under sub. (2) (h), determines that a child receiving a scholarship under par. (a) is no longer a child with a disability, all of the following apply: a. The child’s resident school district shall notify the parent or guardian of the child of the procedural safeguards in place for the child under 20 USC 1415. b. The child is not eligible to receive a scholarship under par. (a) beginning in the school term following the determination. 2. If a child who has been determined to be ineligible under subd. 1. continues to attend the private school he or she attended under a scholarship awarded under par. (a), for each school year the child attends the private school beginning with the school year following the determination under subd. 1., the department shall pay, from the appropriation under s. 20.255 (2) (az), to the private school, on behalf of the child’s parent or guardian, an amount equal to the appropriate per pupil amount paid to a private school participating in a parental choice program under s. 118.60 or 119.23 in that school year. The department shall make scholarship payments under this paragraph in accordance with the payment schedule specified in s. 119.23 (4) (c). (f) 1. Beginning in the 2016-17 school year, subject to s. 121.085 (1), the department shall decrease a school district’s state aid payment under s. 121.08 by an amount calculated as follows: a. Determine the sum of the amount paid for each child resid-
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ing in the school district for whom a payment is made under par. (a) in that school year. c. Determine the number of pupils residing in the school district for whom a payment is made under par. (e) in that school year. d. Multiply the number of pupils under subd. 1. c. by the per pupil amount paid under par. (e) for that school year. df. Identify the children residing in the school district for whom a payment is made under sub. (4p) in that school year. dh. Sum the payments made under sub. (4p) (a) for all of the children identified under subd. 1. df. for that school year. e. Sum the amounts calculated under subd. 1. a., d., and dh. 2. If the state aid payment under s. 121.08 is insufficient to cover the reduction under subd. 1., as determined under s. 121.085 (2), the department shall decrease other state aid payments made by the department to the school district by the remaining amount. 3. The department shall ensure that the decrease under subd. 1. does not affect the amount determined to be received by a school district as state aid under s. 121.08 for any other purpose. (4p) SCHOLARSHIP PAYMENT; SUMMER SCHOOL. (a) In addition to the scholarship amount under sub. (4m), the department shall, subject to par. (b) and sub. (4m) (c) and in the manner described in sub. (4m) (b), pay to a private school participating in the scholarship program under this section, on behalf of the parent or guardian of a child who attended a private school under this section during the immediately preceding school term and who attends summer school in the private school under this section during a summer, an amount determined as follows: 1. Determine the scholarship amount under sub. (4m) that applied to the child in the immediately preceding school term. 2. If the child attended summer school for at least 15 days of summer instruction at the private school during that summer, multiply the amount under subd. 1. by 0.05. 3. If the child attended summer school for less than 15 days of summer instruction at the private school during that summer, multiply the amount under subd. 1. by 0.05, and multiply that product by the quotient determined by dividing the number of days of summer instruction the child attended during that summer by 15. (b) A participating private school may receive payment under par. (a) only if all of the following are satisfied: 1. The private school offers no fewer than 19 summer days of instruction during that summer. 2. Each summer day of instruction offered by the private school under subd. 1. is comprised of no fewer than 270 minutes of instruction. (5) SCHOOL BOARD DUTIES. (a) Annually, each school board shall notify the parents of each child with a disability enrolled in the school district of the program under this section. (b) Upon the request of a parent of a child receiving a scholarship under this section, the child’s resident school board shall administer the appropriate examinations under s. 118.30 to the child at no cost if the private school the child attends does not administer examinations under s. 118.30 to any pupil attending the private school. (6) PRIVATE SCHOOL DUTIES. Each private school participating in the program under this section or receiving a payment under sub. (4m) shall do all of the following: (a) Comply with all health and safety laws or codes that apply to public schools. (b) Hold a valid certificate of occupancy, if required by the municipality in which the school is located. If the municipality in which the school is located does not issue certificates of occu-
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pancy, the private school shall obtain a certificate of occupancy issued by the local or regional governmental unit with authority to issue certificates of occupancy or submit to the department a letter or form from the municipality in which the private school is located that explains that the municipality does not issue certificates of occupancy. (c) Comply with 42 USC 2000d. (d) Conduct criminal background investigations of its employees and exclude from employment any person not permitted to hold a teaching license as the result of an offense and any person who might reasonably be believed to pose a threat to the safety of others. (e) Annually, by October 15 following a school year in which a private school participated in the program under this section, submit to the department an independent financial audit of the private school conducted by an independent certified public accountant, accompanied by the auditor’s statement that the report is free of material misstatements and fairly presents the private school’s eligible education expenses, and beginning in the 2nd school year a private school participates in the program under this section, a copy of a management letter prepared by the auditor. If the private school annually received a total of at least $100,000 under this section and ss. 118.60 and 119.23 in any school year, the audit shall be prepared in accordance with generally accepted accounting principles with allowable modifications for long-term fixed assets. If the private school has not annually received a total of at least $100,000 under this section and ss. 118.60 and 119.23 in any school year, the audit shall be prepared as prescribed by the department by rule. The audit shall include a calculation of the private school’s net eligible education expenses and a calculation of the balance of the private school’s fund for future eligible education expenses. The auditor shall conduct his or her audit, including determining sample sizes and evaluating financial viability, in accordance with the auditing standards established by the American Institute of Certified Public Accountants. The department may not require an auditor to comply with standards that exceed the scope of the standards established by the American Institute of Certified Public Accountants. If a private school participating in a program under this section is part of an organization and the private school and the organization share assets, liabilities, or eligible education expenses, the private school may submit an audit of the private school or of the organization of which it is a part. If a private school that is part of an organization with which it shares assets, liabilities, or eligible education expenses submits an audit of only the private school, the independent auditor shall use his or her professional judgment to allocate any shared assets, liabilities, and eligible education expenses between the organization and the private school. If a private school participating in the program under this section also accepts pupils under s. 118.60 or 119.23, the private school may submit one comprehensive financial audit to satisfy the requirements of this paragraph and ss. 118.60 (7) (am) 2m. and 119.23 (7) (am) 2m., whichever are applicable. The private school shall include in the comprehensive financial audit the information specified under ss. 118.60 (7) (am) 2m. and 119.23 (7) (am) 2m. Each private school participating in the program under this section is subject to uniform financial accounting standards established by the department. (f) If the private school expects to receive at least $50,000 in scholarships under this section during a school year, do one of the following before the beginning of the school year: 1. File with the department a surety bond payable to the state in an amount equal to 25 percent of the total amount of scholarships expected to be received by the private school during the school year under this section. 2. File with the department financial information demon-
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strating that the private school has the ability to pay an amount equal to the total amount of scholarships expected to be received by the private school during the school year under this section. (g) Provide to each applicant under sub. (2) (f) a profile of the private school’s special education program, in a form prescribed by the department, that includes the methods of instruction that will be used by the school to provide special education and related services to the child and the qualifications of the teachers and other persons who will be providing special education and related services to the child. (h) 1. Implement the child’s most recent individualized education program or services plan, as modified by agreement between the private school and the child’s parent, and related services agreed to by the private school and the child’s parent that are not included in the child’s individualized education program or services plan. 2. Within 5 days of receiving a request from the resident school board of a child with a disability attending the private school under this section, provide all records relating to the implementation of the child’s individualized education program or services plan by the private school, as required under subd. 1. (i) Regularly report to the parent of a child attending the private school and receiving a scholarship under this section on the child’s progress. (j) Upon the request of a parent of a child receiving a scholarship under this section, administer the appropriate examinations under s. 118.30 to the child at no cost if the private school the child attends administers examinations under s. 118.30 to any pupil attending the private school. (k) Annually, on or before September 15, file with the department a report stating its summer daily attendance for each day of summer school for the purpose of sub. (4p). (7) TRANSPORTATION. Section 121.54 applies to the transportation of a child to and from the private school he or she is attending under a scholarship awarded under this section. (8) PENALTIES. (a) The department may bar a private school from participating in the program under this section if the department determines that the private school has done any of the following: 1. Intentionally or negligently misrepresented information required under this section or any rule promulgated under sub. (10). 2. Routinely failed to comply with the standards under sub. (6) (e) or (f). 3. Used a child’s scholarship for any purpose other than educational purposes or rebated, refunded, or shared a child’s scholarship with a child or a child’s parent or guardian. 4. Failed to refund to the state, within 60 days, any scholarship overpayments. (b) If the department bars a private school from participating in the program under this section, it shall notify all children eligible to participate in the program and their parents as quickly as possible. A child who is receiving a scholarship and attending a private school barred from the program may continue to receive the scholarship if the child attends another participating private school. (c) The state superintendent may withhold payment under sub. (4m) or (4p) from a private school participating in the program under this section if the private school violates this section. (8m) PUBLIC HEALTH EXCEPTION. During the public health emergency declared on March 12, 2020, by executive order 72, if a private school participating in the program under this section is closed for at least 10 school days in a school year by a local health officer, as defined in s. 250.01 (5), or the department of health
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services, in the school year during which the school is closed and the following school year, the department may not withhold payment from the private school under sub. (8) (c) or bar the private school from participating in the program under sub. (8) (a) for failing to comply with a requirement under this section or a rule promulgated under this section if all of the following occur: (a) The private school submits information to the department that explains how the school closure impacted the private school’s ability to comply with the requirement and any action the private school took to mitigate the consequences of not complying with the requirement. (b) The department determines that the private school’s failure to comply with the requirement was caused by the closure. (9) STUDY. (a) The legislative audit bureau shall study the program under this section. The study shall evaluate all of the following: 1. The level of satisfaction with the program expressed by participating children and their parents. 2. The percentage of participating children who were victimized because of their special needs at their resident school district and the percentage of such children at their participating school. 3. The percentage of participating children who exhibited behavioral problems at their resident school district and the percentage of such children at their participating school. 4. The average class size at participating children’s resident school districts and at their participating schools. 5. The fiscal impact of the program on the state and on resident school districts. (b) Require the researchers who conduct the study to do all of the following: 1. Apply appropriate analytical and behavioral science methodologies to ensure public confidence in the study. 2. Protect the identity of participating schools and children. (c) Require that the results of the study be reported to the appropriate standing committees of the legislature under s. 13.172 (3) by January 9, 2019. (10) RULES. The department shall promulgate rules to implement and administer this section, including rules relating to all of the following: (a) The eligibility and participation of eligible schools, including timelines that maximize child and school participation. (b) The calculation and distribution of scholarships. (c) The application and approval procedures for children and eligible schools. History: 2015 a. 55, 289, 297; 2017 a. 36, 59; 2017 a. 364 s. 48; 2019 a. 55, 185; 2023 a. 11.
115.792 Procedural safeguards. (1) SAFEGUARDS ENSURED. (a) The local educational agency shall establish and maintain procedures to ensure all of the following: 1. That the parents of a child may examine all records relating to the child and may participate in meetings about the identification, evaluation and educational placement of the child, and the provision of a free appropriate public education to the child, and may obtain an independent educational evaluation of the child. 2. That a child’s rights are protected by the assignment of an individual, who shall not be an employee of the department, the local educational agency, or any other agency that is involved in the education or care of the child, to act as a surrogate for the child’s parents whenever the child’s parents are not known; the local educational agency cannot, after reasonable efforts, locate the child’s parents; or the child is a ward of the state. For a child who is a ward of the state, a judge overseeing the child’s care may
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appoint a surrogate for the child’s parents if the surrogate meets the requirements of this subdivision. 3. That a child’s parents are offered an opportunity to use mediation under s. 115.797. (b) The local educational agency shall establish and maintain procedures to ensure that a child’s parents are provided prior written notice whenever the local educational agency proposes to initiate or change, or refuses to initiate or change, the identification, evaluation or educational placement of the child, or the provision of a free appropriate public education to the child. In this paragraph, “local educational agency” includes the nonresident school district that a child is attending under s. 118.50, 118.51, or 121.84 (1) (a) or (4). (2) NOTICE. The notice required under sub. (1) (b) shall be in the native language of the child’s parents unless the local educational agency determines that it clearly is not feasible to do so and shall include all of the following: (a) A description of the action proposed or refused by the local educational agency. (b) An explanation of why the local educational agency proposes or refuses to take the action. (c) A description of any other options that the local educational agency considered and the reasons why it rejected those options. (d) A description of each evaluation procedure, assessment, record, or report that the local educational agency used as a basis for the proposed or refused action. (e) If the notice proposes to evaluate or reevaluate the child, the names of the evaluators, if known. (f) A description of any other factors that are relevant to the local educational agency’s proposal or refusal. (g) A statement that the parents of a child with a disability have procedural safeguards under this section and, if this notice is not an initial referral for evaluation, the way in which the parents may obtain a description of the procedural safeguards under sub. (3). (h) Sources for parents to contact to obtain assistance in understanding this subchapter. (3) PROCEDURAL SAFEGUARDS NOTICE. (a) In this subsection, “local educational agency” includes the nonresident school district that a child is attending under s. 118.50, 118.51, or 121.84 (1) (a) or (4). (b) The local educational agency shall give to the parents of a child with a disability, once a year but also upon the child’s initial referral or parental request for evaluation, upon the first occurrence of the filing of a request for a hearing under s. 115.80, and upon request by the child’s parent, a full explanation written in an easily understandable manner, and in the native language of the child’s parents unless it clearly is not feasible to do so, of the procedural safeguards available under this section and under applicable federal law relating to all of the following: 1. Independent educational evaluation. 2. Prior written notice. 3. Parental consent. 4. Access to educational records. 5. Opportunity to present and resolve complaints, including the period in which the child’s parents may request a hearing and the opportunity for the local educational agency to resolve the issues presented by the request. 6. The child’s placement during pendency of due process proceedings. 7. Procedures for pupils who are subject to placement in interim alternative educational settings under 20 USC 1415 (k).
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8. Requirements for the unilateral placement by parents of pupils in private schools at public expense. 9. Mediation. 10. Hearings under s. 115.80. 11. Civil actions, including the period in which to file a civil action. 12. Attorney fees. History: 1997 a. 164; 1999 a. 117; 2005 a. 258; 2015 a. 55.
115.797 Mediation. (1) DEFINITIONS. In this section: (a) “Dispute” means any disagreement between parties concerning the proposal or refusal to initiate or change the evaluation, individualized education program or educational placement of a child with a disability or the provision of a free appropriate public education to such a child. “Dispute” includes any such disagreement between parties that arises before the filing of a request for a hearing under s. 115.80 or in which other processes, including a hearing under s. 115.80 or litigation, have been requested or commenced. (b) “Mediation” has the meaning given in s. 802.12 (1) (e). (c) “Party” means a competent adult pupil or the parent of a child or adult pupil adjudicated incompetent who is the subject of a dispute, and the local educational agency. (2) REQUEST FOR MEDIATION, CONSENT OF PARTIES. (a) The division shall establish a program for the mediation of disputes between parties. A party may request the division to arrange for mediation of a dispute at any time. The request shall be in writing, shall briefly describe the dispute and shall identify both parties. Both parties may jointly request mediation. (b) If only one of the parties requests mediation, within 5 business days after receiving the request the division shall notify the other party in writing of the request for mediation. The notice shall include all of the following: 1. An explanation of mediation and its advantages. 2. A statement that participation in mediation is voluntary and that agreement or refusal to participate will not affect the resolution of the dispute in any pending or potential adjudicative process, or the timing of that process, unless the parties agree otherwise. 3. A request that the party notify the division within 5 business days after receiving the notice regarding the party’s consent or refusal to participate in mediation. (c) If the division does not receive timely response under par. (b) 3. or if the other party notifies the division under par. (b) 3. of its refusal to participate in mediation, the division shall so notify the party that requested mediation. (3) APPOINTMENT OF MEDIATOR. (a) A party that requests mediation may nominate a mediator from the roster under sub. (4). If a party nominates a mediator, the division shall include in the notice under sub. (2) (b) the name of the nominated mediator. (b) 1. If both parties nominate the same person as mediator, the division shall appoint that person as mediator if he or she is on the roster under sub. (4) and available to mediate. 2. If both parties request mediation but neither party nominates a mediator, the division shall propose a mediator from the roster under sub. (4). 3. If both parties consent to mediation but the party that requests mediation does not nominate a mediator, the nominated mediator is not available or the other party does not consent to the appointment of the nominated mediator, the division shall propose a mediator from the roster under sub. (4). (c) Whenever the division proposes a mediator under par. (b) 2. or 3., it shall send information about the mediator’s training and experience to both parties. Within 3 business days after re-
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ceiving the information, either party may request the division to propose a different mediator from the roster under sub. (4). (4) ROSTER OF MEDIATORS. (a) In consultation with the council on special education, the division shall maintain a roster of mediators qualified to resolve disputes. The division may include a person on the roster if all of the following apply: 1. The division determines that the person has the appropriate skills and knowledge to act as a mediator under this section. 2. The person participates in a training program of at least 5 days’ duration that has been approved by the division. 3. The person agrees to mediate, at the rate of compensation established by the division, the number of disputes required by the division each year. 4. The person consents to be observed by a division representative at any mediation session if the parties consent. (b) The division may not maintain a person on the roster unless he or she participates in at least one day of additional training approved by the division each year. (c) Subject to subch. II of ch. 111, the division may remove from the roster any person whom it believes cannot serve effectively as a mediator. (5) MEDIATION. (a) Unless both parties agree otherwise, mediation shall commence within 21 days after the mediator is appointed and shall not delay hearings or appeals related to the dispute. All mediation sessions shall be held in a location that is convenient to the parties. (b) The parents of the child or adult pupil and 2 representatives of the local educational agency may participate in mediation. With the consent of both parties, other persons may participate in mediation. With the consent of both parties, a division representative may observe the mediation sessions. (c) At the commencement of mediation, the mediator shall inform the parties of the information that is required to be reported to the division for the purpose of administering the mediation program. The division may not require a mediator to disclose the substance of any matter discussed or communication made during mediation. (d) Either party may recess a mediation session to consult advisors, whether or not present, or to consult privately with the mediator. The mediator may recess a mediation session to consult privately with a party. If the mediator does so, he or she shall disclose the general purpose of the consultation but may not reveal other information about the consultation without the consent of the party consulted. (e) Unless both parties and the mediator agree otherwise, no person may record a mediation session. (f) Discussions that occur during mediation are confidential and may not be used as evidence in any subsequent hearing or civil proceeding. The mediator may require the parties to sign a confidentiality pledge before the commencement of mediation. (g) The mediator and either party may withdraw from mediation at any time. (h) No adverse inference may be drawn by any hearing officer or adjudicative body from the fact that a party did not consent to mediation, that a mediator or party withdrew from mediation or that mediation did not result in settlement of the dispute. (6) AGREEMENTS. If the parties resolve the dispute or a portion of the dispute, or agree to use another procedure to resolve the dispute, the mediator shall ensure that the resolution or agreement is reduced to writing, that it is signed by the parties and that a copy is given to each party. The written resolution or agreement shall state that all discussions that occurred during mediation are confidential and may not be used as evidence in any hearing or civil proceeding. The resolution or agreement is legally
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binding upon the parties and is enforceable in the circuit court for the county in which the local educational agency is located. (7) MEDIATOR COMPENSATION. (a) The division shall establish a schedule for the compensation of mediators and the reimbursement of their expenses. The department shall pay mediators from the appropriation under s. 20.255 (1) (me). (b) If the parties agree that the amount of compensation paid to a mediator should be greater than the schedule under par. (a) allows, the additional compensation is the responsibility of the parties. (c) If the parties have agreed to mediation by a mediator who is not on the roster under sub. (4), the mediator’s compensation is the responsibility of the parties. (8) PROGRAM EVALUATION. The division may require that mediators, and may request that parties, participate in the evaluation of the mediation program. The division shall ensure that mediators and parties may participate in evaluating the program without being required to identify themselves or the other mediation participants. The division may not disclose a party’s or mediator’s evaluation to any other mediation participant without the party’s or mediator’s consent. (9) CONTRACT FOR SERVICES. The department may contract with a private, nonprofit agency to administer the mediation program under this section or for mediator training or other services, including outreach and promotion, related to the administration of the program. History: 1997 a. 164; 2005 a. 258, 387.
115.80 Due process hearings. (1) (a) 1. A parent, or the attorney representing the child, may file a written request for a hearing within one year after the refusal or proposal of the local educational agency to initiate or change his or her child’s evaluation, individualized education program, educational placement, or the provision of a free appropriate public education, except that, if the local educational agency has not previously provided the parent or the attorney representing the child with notice of the right to request a hearing under this subdivision, he or she may file a request under this subdivision within one year after the local educational agency provides the notice. The division shall develop a model form to assist parents in filing a request under this subdivision. 2. The parent, or the attorney representing the child, shall include in the request under subd. 1. the name of the child, the address of the residence of the child, the name of the school the child is attending, a description of the nature of the problem of the child relating to the proposed or refused initiation or change, including facts relating to the problem, and a proposed resolution of the problem to the extent known and available to the parents at the time. (b) A local educational agency may file a written request for a hearing only to override a parent’s refusal to grant consent for an initial evaluation or a reevaluation or to contest the payment of an independent educational evaluation. (c) A parent, the attorney representing the child or a local educational agency may file a written request for a hearing as provided in 20 USC 1415 (k). (d) A parent or local educational agency, or the attorney representing a parent or local educational agency, shall file a request for a hearing under this subsection by providing the request to the other party and a copy of the request to the division. Upon receiving a request for a hearing, the division shall give to the child’s parents a copy of the procedural safeguards available to the parents under s. 115.792 and under federal regulations. (e) 1. If the parent of a child with a disability files a written request for a hearing, and the local educational agency has not
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previously sent a written notice to the parent under s. 115.792 (1) (b) regarding the subject matter of the hearing request, the local educational agency shall, within 10 days of receiving the hearing request, send to the child’s parent a written explanation of why the local educational agency proposed or refused to take the action raised in the hearing request, a description of other options that the individualized education program team considered and the reason why those options were rejected, a description of each evaluation procedure, assessment, record, or report that the local educational agency used as the basis for the proposed or refused action, and a description of the factors that are relevant to the local educational agency’s proposal or refusal. A response by a local educational agency under this subdivision does not preclude the agency from asserting that the parent’s request for a hearing is insufficient under subd. 2. 2. A hearing may not occur until the party requesting the hearing, or the attorney representing that party, files a request that meets the requirements of par. (a) 2. The request under par. (a) 2. shall be considered sufficient unless the party receiving the request notifies the hearing officer and the other party in writing within 15 days of receiving the request that the receiving party believes the request does not meet the requirements of par. (a) 2. Within 5 days of receiving a notice under this subdivision, the hearing officer shall determine whether the request meets the requirements under par. (a) 2. and notify the parties. (f) The party receiving a request for a hearing shall send to the party requesting the hearing a written response that addresses the issues raised in the hearing request within 10 days of receiving the request. (g) A party filing a written request for a hearing under par. (a) may amend its request only if the other party consents in writing and is given the opportunity to resolve the issues presented by the request at a meeting under sub. (2m), or if the hearing officer grants permission at least 5 days before the hearing is scheduled to occur. The applicable timeline for resolution under sub. (2m) and for a hearing under sub. (6) recommences when the party files an amended request for a hearing. Nothing in this paragraph precludes a parent from filing a separate hearing request on an issue separate from the hearing request already filed. (2) The division shall maintain a list of qualified hearing officers who are not employed by or under contract with the department or the local educational agency, other than being appointed under this subsection, and who do not have a personal or professional interest that conflicts with the person’s objectivity in the hearing, to serve as hearing officers in hearings under this section. A hearing officer must possess knowledge of, and the ability to understand, state and federal special education laws, rules, and regulations, and legal interpretations by federal and state courts. A hearing officer also must possess the knowledge and ability to conduct hearings and render and write decisions in accordance with appropriate, standard legal practice. Upon receipt of a written request for a hearing under sub. (1), the division shall appoint a hearing officer from the list. (2m) (a) Except as provided in par. (c), within 15 days of receiving a request for a hearing under sub. (1) (a) 1. and before the hearing is conducted, the local educational agency shall convene a meeting with the child’s parents and the relevant members of the individualized education program team who have specific knowledge of the facts identified in the hearing request. At the meeting, the child’s parents shall discuss the hearing request and the facts that form the basis of the request and the local educational agency may resolve the issues. (b) The meeting under par. (a) shall include a representative of the local educational agency who is authorized to make decisions on behalf of the agency. The meeting may not include an at-
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torney of the local educational agency unless the child’s parent is accompanied by an attorney. (c) The parents and the local educational agency may agree in writing to waive the meeting under par. (a) or use mediation under s. 115.797. (d) If the child’s parents and the local educational agency resolve the subject matter of the hearing request at the meeting under par. (a), they shall execute and sign a legally binding agreement that is enforceable in the circuit court for the county in which the local educational agency is located, except that either the parent or the local educational agency may void the agreement within 3 business days of its execution. (e) If the local educational agency does not resolve the issues presented by the hearing request to the satisfaction of the child’s parents within 30 days of receipt of the request, the hearing requested under sub. (1) (a) 1. may occur. (3) Any party to a hearing conducted under this section may be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities and may present evidence and confront, cross-examine and compel the attendance of witnesses. A party shall be provided with written or, at the option of the child’s parents, electronic findings of facts and decisions, and, upon request, a written or, at the option of the child’s parents, an electronic, verbatim record of the hearing. (4) At least 5 business days before a hearing is conducted under this section, other than an expedited hearing under 20 USC 1415 (k), each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party’s evaluations that the party intends to use at the hearing. The hearing officer may bar any party that fails to comply with this subsection from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party. The party requesting the hearing may not raise issues at the hearing that were not raised in the notice filed under sub. (1) (a) unless the other party agrees. (5) (a) A hearing officer may administer oaths and affirmations, issue subpoenas and enforce subpoenas under ss. 885.01 (4) and 885.12, regulate the course of the hearing and hold conferences for the settlement or simplification of the issues. The hearing officer is not bound by common law or statutory rules of evidence. The hearing officer shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant or unduly repetitious testimony. The hearing officer shall give effect to the rules of privilege recognized by law. A hearing officer has the authority to issue an order consistent with this subchapter and 20 USC 1415 (k) and to order whatever remedy is reasonably necessary to bring the parties into compliance with this subchapter. (b) The hearing officer’s decision shall consist of findings of fact and conclusions of law and shall be based upon a preponderance of the evidence. The findings of fact shall be based solely upon the evidence received at the hearing. The decision shall be made on substantive grounds based on a determination of whether the child has received a free appropriate public education. (c) In matters alleging a procedural violation, a hearing officer may find that a child did not receive a free appropriate public education only if the procedural inadequacies impeded the child’s right to a free appropriate public education, significantly impeded the parents’ opportunity to participate in the decision-making process regarding the provision of a free appropriate public education to the child, or caused a deprivation of educational benefits. Nothing in this paragraph precludes a hearing officer from
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ordering a local educational agency to comply with procedural requirements. (6) The hearing officer shall issue a decision within 45 days after the conclusion of the 30-day period specified in sub. (2m) (e). The hearing officer may order an independent educational evaluation of the child at local educational agency expense and grant specific extensions of time for cause at the request of either party. If the hearing officer grants an extension of time, he or she shall include that extension and the reason for the extension in the record of the proceedings. The local educational agency shall pay the cost of the hearing. (7) Any party aggrieved by the decision of the hearing officer may bring a civil action in the circuit court for the county in which the child resides or in a U.S. district court. An action filed in circuit court shall be commenced within 45 days after service of the decision of the hearing officer. In any action brought under this subsection, the court shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party and, basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate. Sections 227.52 to 227.58 do not apply to actions under this subsection. (8) Except as provided in 20 USC 1415 (k), during the pendency of any proceedings under this section, the local educational agency may not change the educational placement of a child unless the child’s parents agree to the change. If the child is applying for initial admission to a public school, the child shall, with the consent of the child’s parents, be placed in the public school program until all proceedings under this section have been completed. In this subsection, “local educational agency” includes the nonresident school district that a child is attending under s. 118.50, 118.51, or 121.84 (1) (a) or (4). (9) A circuit court may award reasonable attorney fees and actual costs in any action or proceeding brought in circuit court under this section as provided in 20 USC 1415 (i) (3) (B) to (G). (10) Sections 227.44 to 227.50 do not apply to hearings conducted under this section. History: 1997 a. 164, 251; 1999 a. 117; 2005 a. 258; 2015 a. 55. The “continuing violation” doctrine did not apply to defeat the one-year statute of limitations in sub. (1) (a) 1. for filing a due process hearing request. Vandenberg v. Appleton Area School District, 252 F. Supp. 2d 786 (2003).
115.807 Transfer of parental rights at age of majority. When a child with a disability, other than a child with a disability who has been adjudicated incompetent in this state, reaches the age of 18, all of the following apply: (1) The local educational agency shall provide any notice required by this subchapter to both the individual and the individual’s parents. (2) All other rights accorded to the individual’s parents under this subchapter transfer to the individual. (3) The local educational agency shall notify the individual and the individual’s parents of the transfer of rights. (4) The local educational agency shall provide the individual and the individual’s parents with information on supported decision-making under ch. 52, other alternatives to guardianship, and strategies to remain engaged in the individual’s secondary education. History: 1997 a. 164; 2005 a. 387; 2017 a. 345; 2021 a. 238 s. 44.
115.81 Children in residential care centers. (1) DEFINITIONS. In this section: (a) “County department” means a county department under s. 46.215, 46.22 or 46.23. (b) “Responsible local educational agency” means the local educational agency that was responsible for providing a free, ap-
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propriate public education to the child before the placement of the child in a residential care center for children and youth except that if the child resided in an institution or facility operated by the department of health services, a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s. 301.01 (5), before the placement of the child in a residential care center for children and youth, “responsible local educational agency” means the school district in which the residential care center for children and youth is located. (2) ESTABLISHMENT OF PROGRAM. Subject to the approval of the division, a residential care center for children and youth may establish and maintain special education and related services for children with disabilities. (3) REFERRAL. (a) Whenever a county department recommends to a court that a child be placed in a residential care center for children and youth or whenever a state agency anticipates placing a child in a residential care center for children and youth, the county department or state agency shall notify the responsible local educational agency. (b) For each child identified in a notice under par. (a), the responsible local educational agency shall do all of the following: 1. If the child is a child with a disability, as soon as reasonably possible and after consulting with a county department or a state agency, as appropriate, appoint an individualized education program team to review and revise, if necessary, the child’s individualized education program and develop an educational placement offer. 2. If the child has not been identified as a child with a disability: a. Appoint staff to review the child’s education records and develop a status report for the child and send a copy of the report to the county department or state agency, as appropriate, within 30 days after receiving the notice under par. (a). b. If the responsible local educational agency has reasonable cause to believe that the child is a child with a disability, appoint an individualized education program team to conduct an evaluation of the child under s. 115.782. The responsible local educational agency may include appropriately licensed staff of the residential care center for children and youth in the team if that staff is available. The individualized education program team shall conduct the evaluation. If the individualized education program team determines that the child is a child with a disability, the individualized education program team, in consultation with a county department or a state agency, as appropriate, shall develop an individualized education program and an educational placement offer. (4) RESPONSIBILITY FOR EDUCATIONAL PLACEMENT. Whenever the responsible local educational agency offers an educational placement in a residential care center for children and youth under sub. (3) (b) 1. or 2. b., all of the following apply: (a) The responsible local educational agency shall do all of the following: 1. Ensure that the child receives a free appropriate public education. 2. Ensure that the child’s treatment and security needs are considered when determining the least restrictive environment for the child. 3. While the child resides at a residential care center for children and youth, appoint an individualized education program team to conduct reevaluations of the child in the manner provided under s. 115.782 (4). 4. While the child resides at a residential care center for children and youth, after consulting with the residential care center for children and youth and a county department or a state agency,
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as appropriate, refer the child to another local educational agency if the responsible local educational agency determines that the child’s special education needs may be appropriately served in a less restrictive setting in the other local educational agency. 5. If the child is leaving the residential care center for children and youth, assign staff or an individualized education program team to develop a reintegration plan for the child in cooperation with a county department and staff of the residential care center for children and youth. (b) The county department or state agency, as appropriate, shall do all of the following: 1. Consider the child’s educational needs when selecting a residential care center for children and youth for the child. 2. In cooperation with the responsible local educational agency and staff of the residential care center for children and youth, participate in the individualized education program team evaluation of the child and the development of the individualized education program for the child. 3. Notify the local educational agency that will be responsible for providing a free, appropriate public education to the child whenever the county department or state agency anticipates removing the child from the residential care center for children and youth. 4. In cooperation with the responsible local educational agency and staff of the residential care center for children and youth, develop a reintegration plan for the child if the child is leaving the residential care center for children and youth. 5. Pay all of the residential care center for children and youth related costs of educating the child while the child resides in the residential care center for children and youth. (c) Whenever a local educational agency receives a referral under par. (a) 4., the local educational agency shall assign staff to determine whether the child can appropriately receive special education and related services provided in the local educational agency. If the assigned staff determine that the child can appropriately receive special education and related services in the local educational agency, the local educational agency shall provide such services for the child and is eligible for state tuition payments under s. 121.79 (1) (a). If the assigned staff determine that the child cannot appropriately receive special education and related services in the local educational agency, the local educational agency shall keep a written record of the reasons for that determination. History: 1997 a. 164, 237, 252; 2001 a. 59; 2005 a. 258, 344; 2007 a. 20 s. 9121 (6) (a).
115.812 Placement disputes; school board referrals; interagency cooperation. (1) PLACEMENT DISPUTES. If a dispute arises between a local educational agency and the department of children and families, the department of corrections, or a county department under s. 46.215, 46.22, or 46.23, or between local educational agencies under s. 115.81 (4) (c), over the placement of a child, the state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under s. 48.57 (1) (c) and to placements in residential care centers for children and youth made under s. 115.81. (2) SCHOOL BOARD REFERRALS. Annually on or before August 15, each local educational agency shall report to the appropriate county departments under ss. 51.42 and 51.437 the names of children who reside in the local educational agency, are at least 16 years of age, are not expected to be enrolled in an educational program 2 years from the date of the report and may require services described under s. 51.42 or 51.437 (1). This subsection does not affect a local educational agency’s responsibility to make services available to children with disabilities.
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(3) INTERAGENCY COOPERATION. (a) A school board, cooperative educational service agency and county children with disabilities education board may enter into an agreement with a county administrative agency, as defined in s. DHS 90.03 (10), Wis. Adm. Code, to allow the employees of the school board, agency or county children with disabilities education board to participate in the performance of evaluations and the development of individualized family service plans under s. 51.44. (b) 1. In this paragraph, “public agency” has the meaning given in s. 323.60 (1) (i), except that it excludes a local educational agency. 2. If a public agency that is required by federal or state law or by an interagency agreement to provide or pay for the location, identification or evaluation of a child with a disability, including a child with a disability who is not yet 3 years of age, or for assistive technology devices or services, supplementary aids or services, transition services or special education or related services for a child with a disability, and fails to do so, the local educational agency shall provide or pay for the services. The public agency shall reimburse the local educational agency for the cost of providing the services. History: 1997 a. 164; 2005 a. 258; 2007 a. 20; 2009 a. 42, 180, 185.
115.817 Children with disabilities education board. (1) DEFINITIONS. In this section “board” means the county children with disabilities education board. (2) ESTABLISHMENT. (a) A county board of supervisors may determine to establish a special education program, including the provision of related services for children with disabilities, for school districts in the county. (b) The program may provide for one or more special schools, classes, treatment or instruction centers for children with one or more types of disabilities. (c) A school district shall be included under the county program only to the extent approved by formal action of the school board. (3) ORGANIZATION. (a) The board shall consist of 3 or more persons, as determined by the county board of supervisors, elected by the county board or appointed by the chairperson of the county board, as the rules of the county board direct. Board members shall be electors selected from that part of the county participating in the program and shall be representative of the area the board serves. The board may include school board members, members of the county board of supervisors and other electors. Board members shall hold office for a term of 3 years, except that the terms of office of members of the first board shall be 3 years, 2 years and one year. Board members shall receive compensation and reimbursement for mileage in an amount fixed by the county board of supervisors, but not more than that of county board members. (b) The board annually shall select one member as chairperson and one as secretary. The county treasurer shall serve as board treasurer but shall not be a member of the board. (c) The board shall appoint an advisory committee whose membership includes school district administrators representative of the area the board serves. (4) APPLICATION. Upon authorization of the county board, the board shall apply to the division for the establishment of a program or part of a program to provide special education and related services. The application shall state whether the program or part will be available in the county at large or only to certain school districts. (5) BOARD DUTIES. (a) The board shall have charge of all matters pertaining to the organization, equipment, operation and maintenance of such programs and may do all things necessary to
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perform its functions, including the authority to erect buildings subject to county board approval and employ teachers and other personnel. The board shall prepare an annual budget, which shall be subject to approval of the county board under s. 65.90 unless a resolution is adopted under sub. (9) (c), and shall include funds for the hiring of staff, the purchase of materials, supplies and equipment and the operation and maintenance of buildings or classrooms. (b) 1. At the close of each fiscal year, the board shall employ a certified public accountant licensed or certified under ch. 442 to audit its accounts and certify the audit. The cost of the audit shall be paid from board funds. 3. The department shall establish by rule a standard contract and minimum standards for audits performed under this paragraph. (c) If the county board of supervisors establishes an initiative to provide coordinated services under s. 59.53 (7), the county children with disabilities education board shall participate in the initiative, and may enter into written interagency agreements or contracts under the initiative. (d) Annually by October 1, the board and the school boards of the school districts participating in the county program shall submit a report to the state superintendent that specifies the portion of each school day that each pupil enrolled in the county program who is also enrolled in the school district of the pupil’s residence spent in county program classes in the previous school year and the portion of the school day that the pupil spent in school district classes in the previous school year. The state superintendent shall develop guidelines for a full-time equivalency methodology. The state superintendent is not required to promulgate the guidelines as rules. (6) ASSIGNMENT OF FUNCTIONS. (a) The board may not assign by resolution or by contract the full administrative or instructional services of the board. (b) The ability of the board to contract with the board of control of a cooperative educational service agency, a school board or other public agency in the county for a portion of administrative or instructional services is not prohibited by par. (a). The board shall be responsible for all programs contracted under this paragraph. (7) WITHDRAWAL AND DISSOLUTION. (a) The school board of any school district that is included under the administration of a board may withdraw from participation in any part of the program only with the approval of the state superintendent after conference with the board and a determination by the state superintendent that such withdrawal is in the interest of the program in the county and the school district affected. Such withdrawal shall be effective only if the school board has the approval of the division to establish an equivalent part of a program. Such withdrawal shall be effective either December 31 or June 30 provided that 12 months’ notice has been given to the board. The withdrawing school district shall be liable for its proportionate share of all operating costs until its withdrawal becomes effective, shall continue to be liable for its share of debt incurred while it was a participant and shall receive no share in the assets. (b) A program established under this section may be dissolved by action of the county board, but such dissolution shall not take place until the end of the school term in which the action was taken. When a program is dissolved, assets and liabilities shall be distributed under s. 66.0235 to all units which participated in the program, except as provided in sub. (9m). (8) TRANSPORTATION. The board may promulgate a plan for the transportation at county expense of children who are receiving special education and related services under this section, special education and related services provided at child care centers,
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or special education and related services provided by a private organization within whose attendance area the child resides and which is situated not more than 5 miles beyond the boundaries of the area the board serves, as measured along the usually traveled route. The plan, upon approval of the state superintendent, shall govern the transportation of such children. Any such plan for transportation during the school term supersedes ss. 115.88 and 121.54 (3). (9) AREA TAXED. (a) The tax for the operation and maintenance of each part of a special education program and for the transportation of children under sub. (8) shall be levied against the area of the county participating in the part of the program. The tax for the costs associated with the dissolution of the program operated by the Racine County children with disabilities education board that are specified under sub. (9m) shall continue to be levied only against the area of Racine County that participated in the program before its dissolution. (b) Beginning July 1, 1981, no board, except a board that has constructed or acquired building facilities, may continue to operate under this section if the area taxed under par. (a) constitutes less than 50 percent of the full value of taxable property within the county. (c) Upon the adoption of a resolution by a majority of the school boards that are located in whole or in part in the county and are participating in the county program under sub. (2) (c), this subsection shall not apply commencing on the effective date of the resolution. A resolution adopted under this paragraph between January 1 and June 30 in any year shall be effective on January 1 of the year commencing after its adoption. A resolution adopted under this paragraph between July 1 and December 31 in any year shall be effective on January 1 of the 2nd year commencing after its adoption. In the year in which the resolution is effective, the county budget under s. 59.60 or 65.90 shall include a line item for the special education program. (9m) RACINE COUNTY. If the program operated by the Racine County children with disabilities education board is dissolved by the Racine County board of supervisors under sub. (7) (b), all assets and liabilities shall be distributed as provided under sub. (7) (b), except that Racine County shall continue to be responsible for paying the costs associated with the postretirement health benefits of former employees of the Racine County children with disabilities education board and the costs incurred under s. 40.05 (2) (b) before dissolution for the unfunded prior service liability for former employees of the Racine County children with disabilities education board. (10) STATE AIDS. (a) The board may apply for and receive the state aid under s. 115.88 for the transportation, board and lodging, treatment, and instruction of children participating in programs under this section. (b) The board may apply for and receive the state aid under ss. 121.135 and 121.14. This paragraph does not apply beginning on the effective date of a resolution adopted under sub. (9) (c). (c) All state aid shall be paid to the county treasurer and credited to the fund of the board. (11) VIOLATIONS. The state superintendent shall withhold aid from any board that violates this section. History: 1997 a. 164; 1999 a. 150 s. 672; 2001 a. 16; 2001 a. 30 s. 108; 2003 a. 33, 180; 2009 a. 185, 334.
115.82 Admission and transportation of nonresidents. (1) A cooperative educational service agency, county children with disabilities education board or school district that provides special education and related services shall admit a nonresident if the program is appropriate for the child’s disability. Refusal to admit a child does not relieve the local educational agency that is responsible for providing a free, appropriate public
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education to the child under this subchapter from that responsibility. (2) In addition to the requirements of s. 121.54 (3), when board and lodging are not furnished to a nonresident child with a disability, the school district in which the child resides shall provide transportation, except as follows: (a) If there is a plan of transportation under s. 115.817 (8), the county children with disabilities education board shall provide transportation. (b) If the child is attending a public school in a nonresident school district under s. 118.51 or 121.84 (1) (a) or (4), the nonresident school district shall provide transportation. (c) If the child is attending a public school in a nonresident school district under s. 118.50, the school district specified to do so in the whole grade sharing agreement shall provide transportation. History: 1997 a. 164; 1999 a. 117; 2015 a. 55.
115.88 State aid. (1) PERSONNEL. (a) A school board, board of control of a cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) or (2x), operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of a school district, or, upon authorization of the county board, a county children with disabilities education board may employ, for a special education program, either full-time or part-time licensed teachers, licensed coordinators of special education, school nurses, licensed school social workers, licensed school psychologists, licensed school counselors, paraprofessionals, licensed consulting teachers to work with any teacher of regular education programs who has a child with a disability in a class, and any other personnel approved by the department. (b) A school board, board of control of a cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) or (2x), operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of a school district, or, upon authorization of the county board, a county children with disabilities education board may contract with private or public agencies for substitute teaching and paraprofessional staffing services, physical or occupational therapy services, orientation and mobility training services, educational interpreter services, educational audiology, speech and language therapy, pupil transition services for eligible pupils who are 18 to 21 years old, or any service approved by the state superintendent, on the basis of demonstrated need. (1m) PROGRAM AID. (a) Subject to par. (b), if the state superintendent is satisfied that the special education program has been maintained during the preceding school year in accordance with law, the state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency, charter school established under s. 118.40 (2r) or (2x), and school district maintaining such special education program a sum equal to the amount expended by the county, agency, charter school, and school district during the preceding year for salaries of personnel and services enumerated in sub. (1) (a) and (b) and other expenses approved by the state superintendent, as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). (ag) Subject to par. (b), if the state superintendent is satisfied that the special education program of an operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of a school district has been maintained during the previous school year in accordance with law, the state superintendent shall certify to the department of administration in favor of the school board a sum equal to the amount expended by the operator during the previous school year for salaries of per-
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sonnel and services enumerated in sub. (1) (a) and (b) and other expenses approved by the state superintendent as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). Within 30 days of its receipt, the school board shall pay to the operator of the school under a contract with the school board the aid received under this paragraph. (b) The department shall promulgate rules establishing the percentage of the salaries of school nurses, licensed school social workers, licensed school psychologists, and licensed school counselors that may be certified under par. (a) as costs eligible for reimbursement. For each category of personnel, the department shall base the percentage on the average percentage of work time that the category spends providing services to children with disabilities, including conducting evaluations under s. 115.782. Cross-reference: See also ch. PI 30, Wis. adm. code.
(2m) SPECIAL OR ADDITIONAL TRANSPORTATION; AID. (a) A school board, board of control of a cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) or (2x), or, upon authorization of the county board, a county children with disabilities education board shall provide special or additional transportation as required in the individualized education program developed for the child with a disability under s. 115.787 (2) or as required under s. 121.54 (3). The operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of the school district shall provide special or additional transportation under this paragraph if the contract between the operator and the school board requires the operator to provide the special or additional transportation. (b) If the state superintendent is satisfied that a school board, board of control, operator of a charter school established under s. 118.40 (2r) or (2x), or county children with disabilities education board has provided special or additional transportation during the previous school year as described under par. (a), the state superintendent shall certify to the department of administration in favor of the school board, board of control, operator of the charter school, or county children with disabilities education board providing the transportation a sum equal to the amount expended by the school board, board of control, operator of the charter school, or county children with disabilities education board during the previous school year as costs eligible for reimbursement from the appropriations under s. 20.255 (2) (b). (c) If the state superintendent is satisfied that the operator of a school under a contract with a school board under s. 118.40 that is not an instrumentality of the school district has provided special or additional transportation during the previous school year as described under par. (a), the state superintendent shall certify to the department of administration in favor of the school board a sum equal to the amount expended by the operator during the previous school year for providing the transportation as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). Within 30 days of its receipt, the school board shall pay to the operator of the school under a contract with the school board the aid received under this paragraph. (3) BOARD AND LODGING AID. There shall be paid the amount expended for board and lodging and transportation between the boarding home and the special education program of nonresident children enrolled under s. 115.82 (1) in the special education program. The department shall certify to the department of administration in favor of each school district, cooperative educational service agency, county children with disabilities education board, state agency of another state or private, nonsectarian special education service which operates the special education program while providing board, lodging and transportation an amount equal to the amount expended for such board and lodging and transportation as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).
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(4) HOSPITALS AND CONVALESCENT HOME AID. The full cost of special education for children in hospitals and convalescent homes for orthopedically disabled children shall be paid from the appropriation under s. 20.255 (2) (b). The supervision of such instruction shall be under the department and the school board of the school district in which the hospital or convalescent home is located. The school board of the district in which the hospital or convalescent home is located shall submit to the department an itemized statement of all revenues and expenditures for the actual cost of such instruction and any other information it requires. (6) AID FOR INSTRUCTION OUTSIDE OF DISTRICT. The department shall certify to the department of administration, in favor of each school district, an amount equal to the amount expended for salaries and travel expenses, as determined in advance by the state superintendent, for providing special education outside the school district of employment, as eligible for reimbursement from the appropriation under s. 20.255 (2) (b). (7) OFFSETTING RECEIPTS. In any school year, the following revenues shall be deducted from costs aidable under this section before aids are calculated under this section: (a) Any federal operational revenues expended on costs aidable under this section. (b) That portion of state tuition payments attributable to the special annual tuition rate under s. 121.83 (1) (c), regardless of the school year in which the services were provided. The tuition revenues shall be allocated to the most appropriate part of a program. (8) ENROLLMENT OUT OF STATE. If a child with a disability is enrolled in a public special education program located in another state and the state superintendent is satisfied that the program in which the child is enrolled complies with this subchapter, the state superintendent shall certify to the department of administration in favor of the school district in which the child resides or the school district attended by the child under s. 118.50, 118.51, or 121.84 (1) (a) or (4) a sum equal to the amount expended by the school district during the preceding year for the additional costs associated with the child’s special education program as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). (9) DISTRIBUTION SCHEDULE. Each county, cooperative educational service agency, operator of a charter school established under s. 118.40 (2r) or (2x) and school district entitled to state aid under this section shall receive 15 percent of its total aid entitlement in each month from November to March and 25 percent of its total entitlement in June. (10) AUDIT OF ELIGIBLE COSTS. The state superintendent may audit costs under this section and adjust the amounts eligible for reimbursement to cover only actual, eligible costs. History: 1997 a. 164; 1999 a. 9, 117; 2001 a. 16; 2003 a. 321; 2005 a. 25; 2007 a. 221; 2009 a. 160; 2011 a. 105; 2013 a. 255; 2015 a. 55; 2017 a. 59.
115.881 Additional special education aid. (1) A school board, board of control of a cooperative educational service agency, county children with disabilities education board, or operator of a charter school established under s. 118.40 (2r) or (2x) may apply to the department for aid under this section if the applicant incurred, in the previous school year, more than $30,000 of nonadministrative costs for providing special education and related services to a child and those costs were not eligible for reimbursement under s. 115.88, 115.93, or 118.255, 20 USC 1400 et seq., or federal medicaid. (2) For each child whose costs exceeded $30,000 under sub. (1), the department shall, from the appropriation under s. 20.255 (2) (bd), pay an eligible applicant in the current school year an amount equal to 0.90 multiplied by that portion of the cost under sub. (1) that exceeded $30,000.
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(3) If the appropriation under s. 20.255 (2) (bd) is insufficient to pay the full amount of costs under sub. (2), the department shall prorate payments among eligible applicants. History: 2005 a. 25; 2007 a. 20; 2015 a. 55; 2017 a. 59; 2019 a. 9. Cross-reference: See also ch. PI 30, Wis. adm. code.
115.882 Payment of state aid. Funds appropriated under s. 20.255 (2) (b) shall be used first for the purpose of s. 115.88 (4). Costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b) under ss. 115.88 (1m) to (3), (6) and (8), 115.93, and 118.255 (4) shall be reimbursed at a rate set to distribute the full amount appropriated for reimbursement for the costs, not to exceed 100 percent. History: 1997 a. 164; 1999 a. 9; 2001 a. 104; 2003 a. 33; 2005 a. 25.
115.884 Special education transition grants. (1) In the 2016-17 school year and each school year thereafter, from the appropriation under s. 20.255 (2) (bf), the department shall award an incentive grant in the amount of $1,000 per individual to a school district, or to an operator of a charter school established under s. 118.40 (2r) or (2x), that applies for a grant under this section and that demonstrates to the satisfaction of the department that the individual satisfies all of the following criteria: (a) During the school year prior to the school year preceding the school year in which a school district or operator of the charter school applies to receive a grant under this section, all of the following criteria apply to the individual: 1. The individual was enrolled in a high school in the school district or in a high school grade in the charter school. 2. The individual exited the high school in the school district or exited the charter school. 3. An individualized education program was in effect for the individual. (b) At the time the school district or the operator of the charter school applies to receive a grant under this section, one of the following criteria applies to the individual: 1. The individual had enrolled in a higher education program within one year of exiting high school. In this subdivision, “higher education program” means a 4-year program at a college or university, a 2-year program at a college or community college, or a 2-year program at a technical college. 2. The individual had enrolled in other postsecondary education or training within one year of exiting high school. In this subdivision, “other postsecondary education or training” includes a high school completion or equivalency program, a vocational school, an apprenticeship or short-term training program, an onthe-job training program, an adult education program, and a program, other than a 2-year program, at a vocational or technical school. 3. The individual had been, or remains, competitively employed within one year of exiting high school. In this subdivision, “competitively employed” means 90 days or more of cumulative or consecutive work paying minimum wage or greater for an average of at least 20 hours per week in a setting with others who are not disabled. (2) If the appropriation under s. 20.255 (2) (bf) in any fiscal year is insufficient to pay the full amount under sub. (1), the department shall prorate the amount of its payments among school districts and operators of charter schools established under s. 118.40 (2r) or (2x) that are eligible for an incentive grant under this section. History: 2015 a. 55; 2017 a. 59.
115.885 Special education transition readiness grant program. (1) Beginning in the 2018-19 school year, the department shall award grants to school districts and charter
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schools under s. 118.40 (2r) and (2x) to fund special education workforce transition support services, including pupil transportation, professional development for school personnel, and employing adequate school personnel. (2) The department shall award grants under sub. (1) from the appropriation under s. 20.255 (2) (bg). The department may not award a grant under sub. (1) in an amount that is less than $25,000 nor more than $100,000. (3) The department shall promulgate rules to implement and administer this section. History: 2017 a. 59; 2017 a. 364 s. 49.
115.897 Exhaustion of remedies. Before the filing of a civil action under any federal law seeking any relief that is also available under this subchapter, the procedures under s. 115.80 shall be exhausted to the same extent as would be required had the action been brought under this subchapter. History: 1997 a. 164. A plaintiff is not required to exhaust the administrative procedures under the federal Individuals with Disabilities Education Act (IDEA) before seeking relief under other federal antidiscrimination statutes, such as the Americans with Disabilities Act of 1990, if the remedy a plaintiff seeks is not one IDEA provides. Perez v. Sturgis Public Schools, 598 U.S. 142, 143 S. Ct. 859, 215 L. Ed. 2d 95 (2023).
115.898 Rule making. Section 227.16 (2) (b) does not apply to a proposed rule if the proposed rule brings ch. PI 11, Wis. Adm. Code, into conformity with 1997 Wisconsin Act 164. History: 1997 a. 164.
115.90 Noncompliance; remedies. (1) If, as the result of a monitoring procedure or a complaint investigation, the state superintendent finds that a local educational agency has violated this subchapter, the state superintendent may require the local educational agency to submit a corrective plan addressing the violation. (2) If the state superintendent, after reasonable notice and an opportunity for a hearing, finds that a local educational agency has failed to comply with any requirement in this subchapter, the state superintendent shall reduce or eliminate special education aid to the local educational agency until he or she is satisfied that the local educational agency is complying with that requirement. (3) If the state superintendent finds that a corrective plan under sub. (1) has not been implemented, or that withholding aid under sub. (2) has been inadequate to ensure compliance with this subchapter, the state superintendent shall request the attorney general to proceed against the local educational agency for injunctive or other appropriate relief. History: 1997 a. 164.
SUBCHAPTER VI EDUCATION FOR SCHOOL AGE PARENTS 115.91 Definition. In this subchapter, “school age parent” means any person under the age of 21 who is not a high school graduate and is a parent, an expectant parent or a person who has been pregnant within the immediately preceding 120 days. History: 1983 a. 374; 1985 a. 29, 56; 1991 a. 269.
115.915 Availability of program services and modifications. Each school board shall make available to any school age parent who is a resident of the school district program modifications and services that will enable the pupil to continue his or her education. History: 1985 a. 29 s. 1712; 1985 a. 56; Stats. 1985 s. 115.915.
115.92 Establishment of programs; rules. (1) Any school board may establish a program for school age parents who are residents of the school district. The program shall be de-
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signed to provide services and instruction to meet the needs of school age parents, including education on the skills required of a parent; family planning, as defined in s. 253.07 (1) (a), including natural family planning; and instruction on adoption and adoption services. The instruction provided on adoption and adoption services shall include instruction on the options available and the procedures followed in independent and agency adoptions, including current practices regarding a birth parent’s involvement in the selection of an adoptive home and the sharing of information between birth parents and adoptive parents, instruction on the impact of adoption on birth parents and children who have been adopted and an explanation that the adoption process may be initiated even after a child has been born and has left the hospital. The program shall be coordinated with existing vocational and job training programs in the school district. (2) (a) Annually, and at such other times as the department requires, every school board that establishes a program under this subchapter shall submit a written report to the department. The report shall specify the number of school age parents instructed or provided service. (b) Annually, on or before September 15, each school board maintaining a program under this subchapter shall submit to the department an itemized statement on oath of all revenues and expenditures related to the program during the preceding school year. (3) The state superintendent shall by rule establish criteria for the approval of programs established under this subchapter for the purpose of determining those programs eligible for aid under s. 115.93. History: 1983 a. 374; 1985 a. 56; 1987 a. 158; 1991 a. 39; 1995 a. 27 s. 9145 (1); 1997 a. 27, 104, 240, 252; 1999 a. 19. Cross-reference: See also ch. PI 19, Wis. adm. code.
115.93 State aid. If upon receipt of the reports under s. 115.92 (2) the state superintendent is satisfied that the school age parents program has been maintained during the preceding school year in accordance with the rules under s. 115.92 (3), the state superintendent shall certify to the department of administration in favor of each school district maintaining the program a sum equal to the amount expended by the school district during the preceding school year for salaries of teachers and instructional aides, special transportation and other expenses approved by the state superintendent as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). History: 1983 a. 374; 1985 a. 29 ss. 1707s, 3202 (43); 1985 a. 56; 1987 a. 27, 338; 1989 a. 31; 1991 a. 269; 1995 a. 27; 1997 a. 27; 1999 a. 9.
SUBCHAPTER VII BILINGUAL-BICULTURAL EDUCATION Cross-reference: See also ch. PI 13, Wis. adm. code.
115.95 Legislative findings and declaration of policy. (1) The legislature finds that: (a) There are pupils in this state who enter elementary and secondary school with limited or nonexistent English speaking ability due to the use of another language in their family or in their daily, nonschool environment. (b) Classes conducted in English do not always provide adequate instruction for children whose English language abilities are limited or nonexistent. (c) It is beneficial to pupils from bicultural and monocultural backgrounds to participate in bilingual-bicultural programs where such programs are available in order to instill respect for non-English languages and cultures in all pupils. (2) It is the policy of this state to provide equal educational
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opportunities by ensuring that necessary programs are available for limited-English proficient pupils while allowing each school district maximum flexibility in establishing programs suited to its particular needs. To this end, this subchapter establishes bilingual-bicultural education programs for pupils in school districts with specified concentrations of limited-English proficient pupils in the attendance areas of particular schools. (3) It is the policy of this state to reimburse school districts, in substantial part, for the added costs of providing the programs established under this subchapter. (4) It is the policy of this state that a limited-English proficient pupil participate in a bilingual-bicultural education program only until such time as the pupil is able to perform ordinary classwork in English. (5) It is the policy of this state that fundamental courses may be taught in the pupil’s non-English language to support the understanding of concepts, while the ultimate objective shall be to provide a proficiency in those courses in the English language in order that the pupil will be able to participate fully in a society whose language is English. (6) Furthermore, it is the policy of this state to encourage reform, innovation and improvement in graduate education, in the structure of the academic profession and in the recruitment and retention of higher education and graduate school faculties, as related to bilingual-bicultural education, and to give special recognition to persons who possess a reading ability and speaking fluency in a non-English language and an understanding of another culture. History: 1975 c. 395; 1987 a. 159; 1999 a. 19.
115.955 Definitions. In this subchapter: (2) “Bilingual-bicultural education program” means a program designed to improve the comprehension and the speaking, reading and writing ability of a limited-English proficient pupil in the English language, so that the pupil will be able to perform ordinary classwork in English. (3) “Bilingual counselor” means a certified school counselor approved by the state superintendent under s. 115.28 (15) (a). (4) “Bilingual counselor’s aide” means a person who is employed to assist a counselor and who is approved by the state superintendent under s. 115.28 (15) (a). (5) “Bilingual teacher” means a certified teacher approved by the state superintendent under s. 115.28 (15) (a). (6) “Bilingual teacher’s aide” means a person who is employed to assist a teacher and who is approved by the state superintendent under s. 115.28 (15) (a). (7) “Limited-English proficient pupil” means a pupil whose ability to use the English language is limited because of the use of a non-English language in his or her family or in his or her daily, nonschool surroundings, and who has difficulty, as defined by rule by the state superintendent, in performing ordinary classwork in English as a result of such limited English language proficiency. History: 1975 c. 395; 1977 c. 203 s. 106; 1983 a. 189; 1987 a. 159; 1995 a. 27 s. 9145 (1); 1995 a. 27; 1999 a. 19.
115.96 Establishment of programs. (1) COUNT OF LIMITED-ENGLISH PROFICIENT PUPILS. Annually, on or before March 1, each school board shall conduct a count of the limitedEnglish proficient pupils in the public schools of the district, assess the language proficiency of such pupils and classify such pupils by language group, grade level, age and English language proficiency. (2) NOTIFICATION. Annually, on or before April 1, a school board which may be required to offer a bilingual-bicultural edu-
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cation program shall send to the parent, legal custodian or guardian of every limited-English proficient pupil identified under sub. (1) who is eligible for participation in such a program, a notice which states that a bilingual-bicultural education program may be instituted, contains information on the procedures for registering a pupil in such a program, and provides notice of the consent required under sub. (3). The notice shall be in English and in the non-English language of the limited-English proficient pupil. (3) PARENTAL CONSENT. On or before May 1, any parent or legal custodian desiring that their child be placed in a bilingualbicultural education program shall give written consent to such child’s placement. (4) PROGRAM ESTABLISHED. Annually, on or before July 1, the school board shall establish a bilingual-bicultural education program, if required under s. 115.97. A bilingual-bicultural education program established under this subchapter shall provide all of the following: (a) Instruction in reading, writing and speaking the English language. (b) Through the use of the native language of the limited-English proficient pupil, instruction in the subjects necessary to permit the pupil to progress effectively through the educational system. (5) PLACEMENT; APPEAL. (a) By the commencement of the school term, the school board shall place, with the parent’s or legal custodian’s written consent, each limited-English proficient pupil in the appropriate bilingual-bicultural education program established under this subchapter. If a limited-English proficient pupil is identified after March 1 or the parent or legal custodian of such child gives consent after May 1, the school board shall place the pupil, with the written consent of the pupil’s parent or legal custodian, in an appropriate program where feasible. (b) A parent or legal custodian may appeal the school board’s failure to place the pupil in the bilingual-bicultural education program established for the pupil in the pupil’s language group by filing a notice of appeal with the clerk of the school district within 10 days after the commencement of the school term. The school board shall provide for a hearing on the question of placement within 20 days after receipt of the notice of appeal and shall take a written record of the proceedings. The cost of taking the record shall be the responsibility of the school board. The parent or legal custodian may request a public or private hearing. Within 10 days after the hearing, the school board shall make a decision on the question of placement. If the parent or legal custodian is not satisfied with the decision of the school board, the parent or legal custodian may, within 10 days after the school board’s decision, file a notice of appeal with the state superintendent. If the parent or legal custodian appeals, the parent or legal custodian shall assume the cost of transcribing the record. Within 10 days after receipt of the notice of appeal from the determination of the school board, the state superintendent shall issue a decision based on the hearing record. If the parent or legal custodian prevails, the school board shall reimburse the parent or legal custodian for the cost of transcribing the record. History: 1975 c. 395; 1979 c. 301; 1987 a. 159; 1995 a. 27 s. 9145 (1); 1997 a. 27; 1999 a. 19. Cross-reference: See also s. PI 13.03, Wis. adm. code.
115.97 Bilingual-bicultural education programs required. (1) A school board may combine pupils in attendance at separate schools in its bilingual-bicultural education program. The school board shall be eligible for state aids under s. 115.995 if the number of limited-English proficient pupils served from the combined schools meets the requirements under sub. (2), (3) or (4). A pupil shall be eligible for a bilingual-bicultural education program only until he or she is able to perform ordinary
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classwork in English. The bilingual-bicultural education program shall be designed to provide intensive instruction to meet this objective. Nothing in this subchapter shall be construed to authorize isolation of children of limited-English proficient ability or ethnic background for a substantial portion of the school day. Pupils who are not limited-English proficient pupils may participate in a bilingual-bicultural education program, except that a school board shall give preference to limited-English proficient pupils in admitting pupils to such a program. (2) If, in a language group under s. 115.96 (1), there are 10 or more limited-English proficient pupils in kindergarten to grade 3 in attendance at a particular elementary school and whose parents or legal custodians give written consent to such pupils’ placement under s. 115.96 (3), the school board shall establish a bilingualbicultural education program for such pupils during the school term. Such program shall be taught by a bilingual teacher. (3) If, in a language group under s. 115.96 (1), there are 20 or more limited-English proficient pupils in grades 4 to 8 in attendance at a particular elementary, middle or junior high school and whose parents or legal custodians give written consent to such pupils’ placement under s. 115.96 (3), the school board shall establish a bilingual-bicultural education program for such pupils during the school term. Such program shall be taught by a bilingual teacher. (4) If, in a language group under s. 115.96 (1), there are 20 or more limited-English proficient pupils in grades 9 to 12 in attendance at a particular high school and whose parents or legal custodians give written consent to the pupils’ placement under s. 115.96 (3), the school board shall establish a bilingual-bicultural education program. The program shall be taught by a bilingual teacher. Bilingual counselors shall be made available. (5) (a) Except as provided under par. (b), if a school board is required to establish a bilingual-bicultural education program under sub. (2), (3) or (4), but bilingual teachers for the language groups are unavailable, the program may be taught by certified teachers of English as a 2nd language upon receipt of approval of the state superintendent. The state superintendent may approve a program under this paragraph only if the school board demonstrates all of the following: 1. Compliance with all other requirements of this subchapter. 2. A good faith, continuing effort to recruit bilingual teachers for the language group. 3. Employment of at least one bilingual teacher’s aide in the program. (b) Paragraph (a) does not apply to a program for Spanishspeaking pupils. History: 1975 c. 395; 1987 a. 159; 1995 a. 27 s. 9145 (1); 1997 a. 27; 1999 a. 19.
115.977 Contracting; continued eligibility. (2) A school district may establish bilingual-bicultural education programs by contracting with other school districts or with a cooperative educational service agency. If 10 or more pupils in kindergarten to grade 3, 20 or more in grades 4 to 8 or 20 or more in a high school program are enrolled in a program under a contract pursuant to this subsection, the school district offering the program is eligible for reimbursement under s. 115.995. (3) The school board shall give any limited-English proficient pupil who has begun a bilingual-bicultural education program in the 3rd grade the opportunity to continue his or her bilingual-bicultural education program in the 4th grade regardless of the number of limited-English proficient pupils in grades 4 to 8. However, if there are not a sufficient number of limited-English proficient pupils in grades 4 to 8 to require a bilingual-bicultural education program under sub. (2), the school board may offer such pupil the opportunity to continue a bilingual-bicultural edu-
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cation program with a program established for limited-English proficient pupils in kindergarten to grade 3. A 4th grade pupil so enrolled may be counted for purposes of determining if there are a sufficient number of pupils for a kindergarten to grade 3 bilingual-bicultural education program. History: 1975 c. 395; 1999 a. 19.
115.98 Bilingual-bicultural advisory committee. In each school district which establishes a bilingual-bicultural education program under this subchapter, the school board may appoint a bilingual-bicultural advisory committee to afford parents and educators of limited-English proficient pupils the opportunity to advise the school board of their views and to ensure that a program is planned, operated and evaluated with their involvement and consultation. The committee shall assist the school board in informing educators, parents and legal custodians of limited-English proficient pupils that a program exists. The committee shall be composed of parents of limited-English proficient pupils enrolled in the bilingual-bicultural education program, bilingual and other teachers, bilingual teacher’s aides, bilingual and other counselors and bilingual counselor’s aides in the district, at least one representative from the community and a representative of the school district administration. History: 1975 c. 395; 1999 a. 19.
115.99 Preschool and summer school programs. A school board may establish a full-time or part-time preschool or summer bilingual-bicultural education program according to rules established by the state superintendent. History: 1975 c. 395; 1995 a. 27 s. 9145 (1); 1997 a. 27.
115.991 Training programs. The school board may institute preservice or in-service programs designed to improve the skills of bilingual teachers, bilingual teacher’s aides, bilingual counselors, bilingual counselor’s aides or other personnel participating in, or preparing to participate in, a bilingual-bicultural education program. History: 1975 c. 395.
115.993 Report on bilingual-bicultural education. Annually, on or before August 15, the school board of a district operating a bilingual-bicultural education program under this subchapter shall report to the state superintendent the number of pupils, including both limited-English proficient pupils and other pupils, instructed the previous school year in bilingual-bicultural education programs, an itemized statement on oath of all disbursements on account of the bilingual-bicultural education program operated during the previous school year and a copy of the estimated budget for that program for the current school year. History: 1975 c. 395; 1995 a. 27 s. 9145 (1); 1997 a. 27; 1999 a. 19. Cross-reference: See also s. PI 13.06, Wis. adm. code.
115.995 State aids. Upon receipt of the report under s. 115.993, if the state superintendent is satisfied that the bilingualbicultural education program for the previous school year was maintained in accordance with this subchapter, the state superintendent shall do all of the following: (1) From the appropriation under s. 20.255 (2) (cc), divide proportionally, based upon costs reported under s. 115.993, an annual payment of $250,000 among school districts whose enrollments in the previous school year were at least 15 percent limited-English proficient pupils. Aid paid under this subsection does not reduce aid paid under sub. (2). (2) Certify to the department of administration in favor of the school district a sum equal to a percentage of the amount expended on limited-English proficient pupils by the school district during the preceding year for salaries of personnel participating
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in and attributable to bilingual-bicultural education programs under this subchapter, special books and equipment used in the bilingual-bicultural programs and other expenses approved by the state superintendent. The percentage shall be determined by dividing the amount in the appropriation under s. 20.255 (2) (cc) in the current school year less $250,000 by the total amount of aidable costs in the previous school year. History: 1975 c. 395; 1985 a. 29; 1991 a. 39; 1995 a. 27 s. 9145 (1); 1997 a. 27; 1999 a. 9, 19, 185. Cross-reference: See also s. PI 13.07, Wis. adm. code.
115.996 Report to the legislature. Annually, on or before December 31, the state superintendent shall submit a report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), on the status of bilingual-bicultural education programs established under this subchapter. The report shall include the number of pupils served in bilingual-bicultural education programs for each language group in each school district in which such programs are offered and the cost of the program per pupil for each school district, language group and program type. The department shall also provide the number of pupils in each school district and language group who as a result of participation in a bilingual-bicultural education program improved their English language ability to such an extent that the program is no longer necessary for such pupils. History: 1975 c. 395; 1987 a. 159, 186, 403; 1995 a. 27 s. 9145 (1); 1997 a. 27.
SUBCHAPTER VIII INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN 115.997 Interstate compact on educational opportunity for military children. The interstate compact on educational opportunity for children of military families is hereby enacted into law and entered into with all jurisdictions legally joining therein in the form substantially as follows: (1) ARTICLE I — PURPOSE. It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by: (a) Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous local education agency or variations in entrance or age requirements. (b) Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content, or assessment. (c) Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities. (d) Facilitating the on-time graduation of children of military families. (e) Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact. (f) Providing for the uniform collection and sharing of information between and among member states, local education agencies, and military families under this compact. (g) Promoting coordination between this compact and other compacts affecting military children. (h) Promoting flexibility and cooperation between the educational system, parents, and students in order to achieve educational success for the students.
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(2) ARTICLE II — DEFINITIONS. As used in this compact, unless the context clearly requires a different construction: (a) “Active duty” means full-time active duty status in a uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 USC chs. 1209 and 1211. (b) “Child of a military family” means a school-aged child who is enrolled in any of the grades from kindergarten to 12 and who resides in the household of a person on active duty. (c) “Compact commissioner” means the voting representative of each compacting state appointed pursuant to sub. (8) of this compact. (d) “Deployment” means the period one month prior to a service members’ departure from his or her home station on military orders though 6 months after return to his or her home station. (e) “Education records” means those records, files, and data directly related to a student and maintained by the local education agency, including records encompassing all the material kept in the student’s cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs. (f) “Extracurricular activity” means a voluntary activity sponsored by a local education agency or an organization sanctioned by the local education agency. Extracurricular activity includes preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities. (g) “Interstate commission” means the Interstate Commission on Educational Opportunity for Military Children created under sub. (9) of this compact. (h) “Local education agency” means a school district or the operator of a charter school under s. 118.40 (2r) or (2x). (i) “Member state” means a state that has enacted this compact. (j) “Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the U.S. department of defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other U.S. Territory. “Military installation” does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects. (k) “Nonmember state” means a state that has not enacted this compact. (L) “Receiving state” means the state to which a child of a military family is sent, brought, or caused to be sent or brought. (m) “Rule” means a written statement by the interstate commission promulgated pursuant to sub. (12) that is of general applicability and that implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the interstate commission. (n) “Sending state” means the state from which a child of a military family is sent, brought, or caused to be sent or brought. (o) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other U.S. Territory. (p) “Student” means a child of a military family for whom the local education agency receives public funding and who is formally enrolled in any of the grades from kindergarten to 12. (q) “Transition” means all of the following:
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1. The formal and physical process of transferring from local education agency to local education agency. 2. The period of time in which a student moves from one local education agency in a sending state to another local education agency in a receiving state. (r) “Uniformed service” means the army, navy, air force, marine corps, coast guard, the commissioned corps of the national oceanic and atmospheric administration, and the commissioned corps of the public health services. (s) “Veteran” means a person who served in a uniformed service and was discharged or released therefrom under conditions other than dishonorable. (3) ARTICLE III — APPLICABILITY. (a) Except as provided in pars. (b) and (c), this interstate compact applies to a child of any of the following: 1. An active duty member of the uniformed service, including a member of the national guard and reserve on active duty orders pursuant to 10 USC chs. 1209 and 1211. 2. A member or veteran of the uniformed service who is severely injured and medically discharged or retired for a period of one year after medical discharge or retirement. 3. A member of the uniformed service who dies on active duty or as a result of injuries sustained on active duty for a period of one year after death. (b) The provisions of this interstate compact apply only to local education agencies. (c) The provisions of this compact do not apply to a child of any of the following: 1. An inactive member of the national guard and military reserves. 2. Except as provided in par. (a), a retired member of the uniformed services. 3. Except as provided in par. (a), a veteran of the uniformed services. 4. Other U.S. department of defense personnel, or of a civilian or contract employee of any other federal agency, who is not an active duty member of a uniformed service. (4) ARTICLE IV — EDUCATIONAL RECORDS AND ENROLLMENT. (a) Unofficial or hand-carried pupil records. If official education records cannot be released to the parents for the purpose of transfer, the custodian of the education records in the sending state shall prepare and furnish to the parent a complete set of unofficial education records containing uniform information as determined by the interstate commission. The local education agency in the receiving state shall enroll and appropriately place the student as quickly as possible, based on the information provided in the unofficial education records, if provided, pending validation by the official education records. (b) Education records and transcripts. Simultaneous with the enrollment and conditional placement of the student, the local education agency in the receiving state shall request the student’s official education records from the local education agency in the sending state. Upon receipt of this request, the local education agency in the sending state shall process and furnish the official education records to the local education agency in the receiving state within 10 days or within such time as is reasonably determined under the rules promulgated by the interstate commission. (c) Immunizations. A member state shall give 30 days from the date of enrollment, or within such time as is reasonably determined under the rules promulgated by the interstate commission, for a student to obtain any immunization required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within 30 days or within such time as is reasonably
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determined under the rules promulgated by the interstate commission. (d) Kindergarten and first grade entrance age. A student shall be allowed to continue his or her enrollment at the grade level in the receiving state commensurate with his or her grade level, including kindergarten, from a local education agency in the sending state at the time of transition, regardless of age. A student who has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the local education agency in the receiving state on his or her validated level from a local education agency in the sending state. (5) ARTICLE V — PLACEMENT AND ATTENDANCE. (a) Course placement. When a student transfers before or during the school year, the local education agency in the receiving state shall initially honor placement of the student in educational courses based on the student’s enrollment in the local education agency in the sending state or educational assessments conducted at the local education agency in the sending state if the courses are offered. Course placement includes honors, international baccalaureate, advanced placement, vocational, technical, and career pathways courses. Continuing the student’s academic program from the previous local education agency and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the local education agency in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in a course. (b) Educational program placement. The local education agency in the receiving state shall initially honor placement of the student in educational programs, including gifted and talented programs and English as a second language programs, based on current educational assessments conducted at the local education agency in the sending state or participation or placement in like programs in the local education agency in the sending state. This paragraph does not preclude the local education agency in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. (c) Special education services. 1. In compliance with the requirements of 20 USC 1400 to 1482, the local education agency in the receiving state shall initially provide comparable services to a student with disabilities based on his or her current individualized education program. 2. In compliance with the requirements of 29 USC 794 and with 42 USC 12131 to 12165, the local education agency in the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing plan prepared under 29 USC 794 or 42 USC 12131 to 12165, to provide the student with equal access to education. This does not preclude the local education agency in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. (d) Placement flexibility. Local education agency administrative officials shall have flexibility in waiving course or program prerequisites or other preconditions for placement in a course or program offered under the jurisdiction of the local education agency. (e) Absence as related to deployment activities. Each local education agency shall adopt a policy relating to excusing a child of a military family who moved to the local education agency from another state from school attendance in order to visit his or her parent or guardian who is on active duty and has been called to duty for or is on leave from deployment to a combat zone or
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combat support posting, or has returned from deployment to a combat zone or combat support posting within the past 30 days. (6) ARTICLE VI — ELIGIBILITY. (a) Eligibility for enrollment. 1. A local education agency is prohibited from charging tuition to a child of a military family placed in the care of a noncustodial parent or other person standing in the place of a parent who lives in a jurisdiction other than that of the custodial parent. 2. A child of a military family who has been placed in the care of a noncustodial parent or other person standing in the place of a parent who lives in a jurisdiction other than that of the custodial parent may continue to attend the school in which he or she was enrolled while residing with the custodial parent. (b) Eligibility for extracurricular participation. Local education agencies shall facilitate the opportunity for a child of a military family to be included in extracurricular activities, regardless of application deadlines, to the extent he or she is otherwise qualified. (7) ARTICLE VII — GRADUATION. In order to facilitate the on-time graduation of a child of a military family, local education agencies shall incorporate the following procedures: (a) Waiver requirements. Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the local education agency in the sending state, the local education agency in the receiving state shall provide an alternative means of acquiring required course work so that graduation may occur on time. (b) Exit exams. Except as provided in par. (c), a local education agency in a member state shall accept all of the following examinations or tests administered to the child of a military family in lieu of testing requirements for graduation from the local education agency: 1. Exit or end-of-course exams required for graduation from the sending state. 2. National norm-referenced achievement tests. 3. Alternative testing acceptable to the local education agency in the receiving state. (c) Transfers during senior year. If a child of a military family transfers at the beginning of or during the child’s high school senior year, and the local education agency in the receiving state has considered the examinations and tests under par. (b) and determined, after all alternatives have been considered, that the child would be ineligible to graduate, the local education agency of the sending state, with the cooperation of the local educational agency of the receiving state, shall ensure the receipt of a diploma from the local education agency of the sending state if the student meets the graduation requirements of the local education agency of the sending state. If one of the states in question is a nonmember state, the local education agency in the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with pars. (a) and (b). (8) ARTICLE VIII — STATE COORDINATION. (a) Each member state shall, through the creation of a state council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies, and military installations concerning the state’s participation in, and compliance with, this compact and interstate commission activities. While each member state may determine the membership of its own state council, its membership shall include all of the following: 1. The state superintendent of education. 2. The superintendent of a school district with a high con-
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centration of children of military families. A member state that does not have a school district deemed to contain a high concentration of children of military families may appoint a superintendent from another school district to represent local education agencies on the state council. 3. A representative from a military installation. 4. One representative from the legislative branch of government. 5. One representative from the executive branch of government. 6. Representatives from other offices and stakeholder groups the state council deems appropriate. (b) The state council established or existing body or board designated by each member state under par. (a) shall appoint or designate a military family education liaison to assist children of military families and the state in facilitating the implementation of this compact. (c) A compact commissioner responsible for the administration and management of the state’s participation in the compact shall be appointed by the governor or as otherwise determined by each member state. (d) The compact commissioner appointed under par. (c) and the military family education liaison appointed or designated under par. (b) shall serve on the state council as nonvoting members of the state council, unless either is already a full voting member of the state council. (9) ARTICLE IX — INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN. The member states hereby create the interstate commission. The activities of the interstate commission are the formation of public policy and are a discretionary state function. All of the following apply to the interstate commission: (a) The interstate commission shall be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth in this compact, and such additional powers conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact. (b) The interstate commission shall consist of one interstate commission voting representative from each member state who shall be that state’s compact commissioner. The following apply to meetings of the interstate commission: 1. Each member state represented at a meeting is entitled to one vote. 2. A majority of the member states shall constitute a quorum for the transaction of business, unless a larger number is required by the bylaws of the interstate commission. 3. A representative shall not delegate a vote to another member state. If a compact commissioner of a state is unable to attend a meeting of the interstate commission, the governor or state council of that state may delegate voting authority to another person from that state for a specified meeting. 4. The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or electronic communication. (c) The interstate commission shall include nonvoting members who are members of interested organizations. Such nonvoting members, as defined in the bylaws, may include members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the U.S. department of defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel, and other interstate compacts affecting the education of children of military families.
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(d) The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings. (e) The interstate commission shall establish an executive committee, whose members shall include the officers of the interstate commission and such other members of the interstate commission as determined by the bylaws. Members of the executive committee shall serve one-year terms. Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the interstate commission, with the exception of rule making, during periods when the interstate commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact, including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The U.S. department of defense shall serve as a nonvoting member of the executive committee. (f) The interstate commission shall establish bylaws and rules that provide for conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. (g) The interstate commission shall give public notice of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission and any committee of the commission may close a meeting or portion of a meeting if the commission or committee determines by a two-thirds vote that an open meeting would likely do any of the following: 1. Relate solely to the interstate commission’s internal personnel practices and procedures. 2. Disclose matters specifically exempted from disclosure by federal and state statute. 3. Disclose trade secrets or commercial or financial information that is privileged or confidential. 4. Involve accusing a person of a crime, or formally censuring a person. 5. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy. 6. Disclose investigative records compiled for law enforcement purposes. 7. Specifically relate to the interstate commission’s participation in a civil action or other legal proceeding. (h) For a meeting or portion of a meeting closed under par. (g), the interstate commission shall cause its legal counsel or designee to certify that the meeting may be closed and to reference each relevant exemptible provision. The interstate commission shall keep minutes, which shall fully and clearly describe all matters discussed in a meeting, and shall provide a full and accurate summary of actions taken, and the reasons for taking the actions, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the interstate commission. (i) The interstate commission shall collect standardized data concerning the educational transition of children of military families under this compact as directed through its rules, which shall specify the data to be collected, the means of collection and data exchange, and reporting requirements. The interstate commis-
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sion shall ensure, in so far as is reasonably possible, that the methods of data collection, exchange, and reporting conform to current technology and that its information functions are coordinated with the appropriate custodian of records as identified in the bylaws and rules. (j) The interstate commission shall create a process that permits military officials, education officials, and parents to inform the interstate commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This paragraph shall not be construed to create a private right of action against the interstate commission, any member state, or any local education agency. (10) ARTICLE X — POWERS AND DUTIES OF THE INTERSTATE COMMISSION. The interstate commission may do any of the following: (a) Provide for dispute resolution among member states. (b) Promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in this compact. (c) Upon request of a member state, issue advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, and actions. (d) Enforce compliance with the compact provisions, the rules promulgated by the interstate commission, and the bylaws, using all necessary and proper means, including the use of judicial process. (e) Establish and maintain offices, which shall be located within one or more of the member states. (f) Purchase and maintain insurance and bonds. (g) Borrow, accept, hire, or contract for services of personnel. (h) Establish and appoint committees, including an executive committee as required by sub. (9) (e), which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties under the compact. (i) Elect or appoint such officers, attorneys, employees, agents, or consultants and to fix their compensation, define their duties, and determine their qualifications, and to establish the interstate commission’s personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel. (j) Accept donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of any such donations and grants. (k) Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed. (L) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed. (m) Establish a budget and make expenditures. (n) Adopt a seal and bylaws governing the management and operation of the interstate commission. (o) Report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the interstate commission during the preceding year. The reports shall also include any recommendations adopted by the interstate commission. (p) Coordinate education, training, and public awareness regarding the compact, and its implementation and operation, for officials and parents involved in such activity. (q) Establish uniform standards for the reporting, collecting, and exchanging of data. (r) Maintain corporate books and records in accordance with the bylaws.
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(s) Perform the functions necessary or appropriate to achieve the purposes of this compact. (t) Provide for the uniform collection and sharing of information between and among member states, local education agencies, and military families under this compact. (11) ARTICLE XI — ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION. (a) The interstate commission shall, by a majority of the members present and voting, within 12 months after the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including all of the following: 1. Establishing the fiscal year of the interstate commission. 2. Establishing an executive committee, and such other committees as may be necessary. 3. Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the interstate commission. 4. Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting. 5. Establishing the titles and responsibilities of the officers and staff of the interstate commission. 6. Providing a mechanism for concluding the operations of the interstate commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations. 7. Providing start-up rules for initial administration of the compact. (b) The interstate commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice chairperson, and a treasurer, each of whom shall have the authority and duties specified in the bylaws. The chairperson or, in the chairperson’s absence or disability, the vice chairperson, shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission. Subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the interstate commission. (c) Executive Committee, Officers and Personnel. 1. The executive committee shall have the authority and duties set forth in the bylaws, including all of the following: a. Managing the affairs of the interstate commission in a manner consistent with the bylaws and purposes of the interstate commission. b. Overseeing an organizational structure within, and appropriate procedures for, the interstate commission to provide for the creation of rules, operating procedures, and administrative and technical support functions. c. Planning, implementing, and coordinating communications and activities with other state, federal, and local governmental organizations in order to advance the goals of the interstate commission. 2. The executive committee may, subject to the approval of the interstate commission, appoint or retain an executive director for such period, upon such terms and conditions, and for such compensation, as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, but shall not be a member of the interstate commission. The executive director shall hire and supervise such other persons as may be authorized by the interstate commission. (d) 1. The interstate commission’s executive director and its
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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employees are immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties, or responsibilities, except that the executive director and the employees of the interstate commission shall not be protected under this subdivision from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of that executive director or employee. 2. The liability of the interstate commission’s executive director and employees or interstate commission representatives, acting within the scope of such person’s employment or duties for acts, errors, or omissions occurring within such person’s state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subdivision shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person. 3. The interstate commission shall defend the executive director and its employees and, subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an interstate commission representative, shall defend such interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person. 4. To the extent not covered by the state involved, member state, or the interstate commission, the representatives or employees of the interstate commission shall be held harmless in the amount of a settlement or judgment, including attorney’s fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons. (12) ARTICLE XII — RULE-MAKING FUNCTIONS OF THE INTERSTATE COMMISSION. (a) Rule-making authority. The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. If the interstate commission exercises its rule-making authority in a manner that is beyond the scope of the purposes of this compact, or the powers granted under this compact, then such an action by the interstate commission shall be invalid and have no force or effect. (b) Rule-making procedure; effect of rules. Rules shall be promulgated pursuant to a rule-making process that substantially conforms to the Model State Administrative Procedure Act, as amended, as may be appropriate to the operations of the interstate commission. A rule has the force and effect of statutory law in a member state if approved by the legislature of the member state or the state superintendent of education of the member state. (c) Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule. The filing
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of such a petition does not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the interstate commission’s authority. (d) If a majority of the legislatures of the member states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any member state. (13) ARTICLE XIII — OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION. (a) Oversight. 1. The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. 2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact that may affect the powers, responsibilities, or actions of the interstate commission. 3. The interstate commission is entitled to receive all service of process in any proceeding under subd. 2., and has standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission renders a judgment or order void as to the interstate commission, this compact, or promulgated rules. (b) Default, technical assistance, suspension, and termination. If the interstate commission determines that a local education agency in a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the interstate commission shall do all of the following: 1. Provide written notice to the member state and other member states of the nature of the default, the means of curing the default, and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the member state must cure the default of the local education agency. 2. Provide remedial training and specific technical assistance regarding the default. 3. If the member state fails to cure the default of the local education agency, the member state shall be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the state of obligations or liabilities incurred during the period of the default. 4. Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the interstate commission to the governor, the majority and minority leaders of the state’s legislature, and each of the member states. 5. A state that has been suspended or terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of suspension or termination, including obligations the performance of which extends beyond the effective date of suspension or termination. 6. The interstate commission shall not bear any costs relating to any member state in which a local education agency has been found to be in default or that has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the member state. 7. The state may appeal the action of the interstate commis-
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sion by petitioning the U.S. district court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees. (c) Dispute Resolution. 1. The interstate commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the compact and that may arise among member states and between member and nonmember states. 2. The interstate commission shall promulgate a rule providing for mediation for disputes as appropriate. (14) ARTICLE XIV — FINANCING OF THE INTERSTATE COMMISSION. (a) The interstate commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (b) The interstate commission may levy on and collect from each member state an annual assessment to cover the cost of the operations and activities of the interstate commission and its staff. The aggregate annual assessment must be sufficient to cover the interstate commission’s annual budget as approved each year. Subject to s. 115.28 (58), the aggregate annual assessment amount shall be allocated among member states based upon a formula to be determined by the interstate commission, which shall promulgate a rule binding upon all member states. (c) The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor pledge the credit of any of the member states except by and with the authority of the member state. (d) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission. (15) ARTICLE XV — MEMBER STATES, EFFECTIVE DATE AND AMENDMENT. (a) Any state is eligible to become a member state. (b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 10 states. Thereafter, it shall become effective and binding as to any other state upon enactment of the compact into law by that state. The governor of a nonmember state or his or her designee shall be invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states. (c) The interstate commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the interstate commission and the member states unless and until it is enacted into law by unanimous consent of the member states. (16) ARTICLE XVI — WITHDRAWAL AND DISSOLUTION. (a) Withdrawal. 1. Once effective, the compact shall continue in force and remain binding upon each and every member state, provided that a member state may withdraw from the compact by enacting a law repealing the compact or by enacting a law withdrawing from the compact. 2. A withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the enactment of legislation in the withdrawing state that repeals this compact or withdraws from this compact. The interstate commission shall notify the other member states within 60 days of its receipt thereof. 3. A withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of
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withdrawal, including obligations the performance of which extends beyond the effective date of withdrawal. 4. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission. (b) Dissolution of Compact. 1. This compact shall dissolve effective upon the date of the withdrawal or default of the member state that reduces the membership in the compact to one member state. 2. Upon the dissolution of this compact, the compact is null and void and of no further force or effect, and the business and affairs of the interstate commission shall be concluded and surplus funds distributed in accordance with the bylaws. (17) ARTICLE XVII — SEVERABILITY AND CONSTRUCTION. (a) The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable. (b) The provisions of this compact shall be liberally construed to effectuate its purposes. (c) Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members. (18) ARTICLE XVIII — BINDING EFFECT OF COMPACT AND OTHER LAWS. (a) Other Laws. 1. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact. 2. All laws of member states that conflict with this compact are superseded to the extent of the conflict. (b) Binding effect of the compact. 1. Subject to sub. (12) (b), all lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the member states. 2. All agreements between the interstate commission and the member states are binding in accordance with their terms. 3. If any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state. History: 2009 a. 329; 2011 a. 260; 2015 a. 55; 2025 a. 127.
SUBCHAPTER IX OPPORTUNITY SCHOOLS AND PARTNERSHIP PROGRAM 115.999 Opportunity schools and partnership program. (1) DEFINITIONS. In this subchapter: (a) “Commissioner” means the individual in charge of the opportunity schools and partnership program under this subchapter. (b) “County executive” means the chief elected official of the county within which all or the majority of the territory of an eligible school district lies. (c) “Eligible school” means a public school in an eligible school district identified on the annual report submitted by the state superintendent under s. 115.28 (10m) (b). (d) “Eligible school district” means a school district that satisfies all of the following: 1. The school district was assigned to the lowest performance category on the 2 most recent accountability reports published under s. 115.385 (1). 2. The membership of the school district is greater than 15,000. In this subdivision, “membership” has the meaning given in s. 121.004 (5).
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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3. The school district received intradistrict transfer aid under s. 121.85 (6) (a) in the 2 school years described under subd. 1. (e) “Mayor” means the mayor of the city within which all or the majority of the territory of an eligible school district lies. (2) GENERAL PROVISIONS; COMMISSIONER; OPPORTUNITY SCHOOLS AND PARTNERSHIP PROGRAM. (a) Within 120 days after receiving notice under s. 115.28 (10o) (b), the governor, the mayor, and the county executive shall compile a list of candidates for commissioner. Subject to sub. (2m), the county executive shall select a commissioner using the procedure under s. 119.9001 (2) (a). (b) The opportunity schools and partnership program in any eligible school district comprises individual eligible schools transferred by the commissioner of that opportunity schools and partnership program in the manner provided under s. 119.9002 (2). (2m) SPECIAL PROVISIONS; CERTAIN UNIFIED SCHOOL DISTRICTS. (a) In this subsection, an “eligible unified school district” means a unified school district that satisfies the following criteria: 1. The unified school district is an eligible school district. 2. The unified school district contains a city that has a population of more than 75,000. 3. The unified school district contains at least 2 villages. (b) 1. Within 120 days after receiving notice under s. 115.28 (10o) (d), an eligible unified school district may demonstrate to the department of administration that the school board of the eligible unified school district is not, directly or indirectly, delegating its authority to make decisions about providing benefits to its employees. If the department of administration certifies that the school board of the eligible unified school district is not, directly or indirectly, delegating its authority to make decisions about providing benefits to its employees, the county executive may not select a commissioner under sub. (2) (a) unless the eligible unified school district satisfies all of the following criteria: a. The unified school district was assigned to the lowest performance category on the 3 most recent accountability reports published under s. 115.385 (1). b. The school district received intradistrict transfer aid under s. 121.85 (6) (a) in the 3 school years described under subd. 1. a. 2. If the department of administration does not certify that the school board of an eligible unified school district is not, directly or indirectly, delegating its authority to make decisions about providing benefits to its employees, the county executive shall select a commissioner under sub. (2) (a).
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(c) Within 60 days after receiving notice under s. 115.28 (10o) (d), the village board of each village located within an eligible unified school district may consider a resolution to affirm or deny the village board’s intent to create a new school district under s. 117.105 (4m). If a village board adopts a resolution affirming the village’s intent to create a new school district, the village board shall include all of the following information in the resolution: 1. The territory of the new school district. The territory of the new school district shall correspond with village boundaries but may incorporate more than one village. 2. The name of the new school district. 3. The type of the new school district and the grades to be taught by the new school district as described under s. 115.01 (2) and (3). 4. Whether the proposed effective date of the school district creation is July 1 of the following school year or July 1 of the second following year. (d) If a county executive may select a commissioner under par. (b) 1. and in the previous school year a village board did not adopt a resolution to affirm its intent to create a new school district, within 60 days of receiving notice under s. 115.28 (10o) (d) for the 3rd consecutive school year, the village board shall by resolution provide for a referendum on the question of whether to create a new school district. The village board shall include in the resolution all of the information described in par. (c) 1. to 4. (3) COMMISSIONER; POWERS AND DUTIES. Upon selection by the county executive under sub. (2), the commissioner shall establish an opportunity schools and partnership program that is substantially similar to the opportunity schools and partnership program established under subch. II of ch. 119. The commissioner shall have all of the powers and duties granted to the commissioner of the opportunity schools and partnership program under subch. II of ch. 119. (4) PAYMENTS ON BEHALF OF PUPILS ATTENDING SCHOOLS TRANSFERRED TO THE OPPORTUNITY SCHOOLS AND PARTNERSHIP PROGRAM; STATE AID ADJUSTMENTS. The state superinten-
dent shall, from the appropriation under s. 20.255 (2) (fs), make payments on behalf of pupils attending schools transferred to an opportunity schools and partnership program under this subchapter in the same manner as payments are made under s. 119.9005 (1) to (3), and shall make adjustments to the amount of state aid received by the eligible school district in the manner provided in s. 119.9005 (4) and (5). History: 2015 a. 55; 2017 a. 59; 2019 a. 185; 2021 a. 238 s. 45.
May 22, 2026, are designated by NOTES. (Published 5-22-26)