Public School Open Enrollment-Selected Special Education Statutes

Unofficial text. Official text of statutes is contained in the statutes published by the Wisconsin Reviser of Statutes Bureau.

SELECTED SPECIAL EDUCATION STATUTES THAT RELATE TO PUBLIC SCHOOL OPEN ENROLLMENT, INCLUDING AMENDMENTS MADE IN 1999 WISCONSIN ACT 117

115.77 Local educational agency duties.

(1) In sub. (1m) (a) to (d), except as provided in s. 118.51 (12) (a) and (b) 2., if a child with a disability is attending a public school in a nonresident school district under s. 118.51 or 121.84 (1) (a) or (4), "local educational agency" means the school district that the child is attending.

(4) A local educational agency shall submit to the division, pursuant to a schedule and instructions established and published by the division, the agency's plan, including a program narrative, for the provision of special education and related services that includes all of the following:

(j) The local educational agency's plan for evaluating its system for the design and delivery of special education and related services and for addressing any needs that are identified by the evaluation, including all of the following:

10. If the local educational agency is a school district, the number of children with disabilities who attend the school district under ss. 118.51 and 121.84 (1) (a) and (4), the disability of each such child and the special education or related services received by each such child.

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. 118.51 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. 118.51 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. 118.51 or 121.84 (1) (a) or (4), the school board of the school district in which the child resides shall provide the name of the child and related information to the school board of the school district that the child is attending.

115.78 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. 118.51 or 121.84 (1) (a) or (4), "local educational agency" means the school board of the school district that the child is attending.

115.782 Evaluations.

(2) CONDUCT OF EVALUATION.

(d) If the a child being evaluated is attending a public school in a nonresident school district under s. 118.51, as part of or 121.84 (1) (a) or (4), when the individualized education program team conducts its initial evaluation of the child and as part of or any reevaluation of the child under sub. (4), the individualized education program team shall collaborate with appropriate personnel include at least one person designated by the school board of the child's school district of residence who has knowledge or special expertise about the child.

115.787 Individualized education programs.

(3) DEVELOPMENT.

(d) If a child is attending a public school in a nonresident school district under s. 118.51, or 121.84 (1) (a) or (4), when the individualized education program team for the child shall develop develops the child's individualized education program in collaboration with appropriate personnel, the team shall include at least one person designated by the school board of the school district in which the child resides who has knowledge or special expertise about the child.

115.79 Educational placements.

(2) An educational placement is provided to implement a child's individualized education program. Except as provided in s. 118.51 (12) (a) and (b) 2., if a child with a disability is attending a public school in a nonresident school district under s. 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.

115.792 Procedural safeguards.

(1) SAFEGUARDS.

(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. 118.51 or 121.84 (1) (a) or (4).

(3) PROCEDURAL SAFEGUARDS NOTICE.

(a) In this subsection, "local educational agency" includes the nonresident school district that a child is attending under s. 118.51 or 121.84 (1) (a) or (4).

115.80 Due process hearings.

(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. 118.51 or 121.84 (1) (a) or (4).

115.82 Admission and transportation of nonresidents.

(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:

(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.

115.88 State aid.

(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. 118.51 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).

For questions about this information, contact Mary J. Cleaver (608) 267-9101

Last updated on 2/26/2008 2:59:31 PM