Information Update Bulletin 00.11

December 2000

SUBJECT:

Educational Services for Children Placed in Out-of-Home Care

Editorial Note: Because of the size of this bulletin, this web version has been split. Part 1 contains the Introduction and Questions 1 to 65. Part 2 contains questions 66 to 97. The Glossary and Resources are separate, as well as the sample forms. The Table of Contents is repeated in both Part 1 and Part 2 for navigation between the documents.

Table of Contents

I. Foster Home Placement

1. How are children placed in foster care?
2. Why are children placed in foster care?
3. What can be done to limit the number of foster children placed in a district?
4. How is the tribal court involved in foster care placements?
5. Can school districts be notified in advance that a child is going to be placed in a foster home in the district?
6. Should schools be notified when children are moved from foster home to foster home?
7. Are relatives given priority when placing a child in foster care?
8. How often is the placement of a child in foster care reviewed?
9. Who determines the length of stay in foster care?
10. Is particular consideration given to keeping a child in foster care for at least one full school year?
11. Do private agencies receive all of their referrals from county agencies?
12. How does foster care placement lead to adoption?
13. Is any consideration given to the number of children with disabilities placed in a foster home?

II. Licensure and Supervision of Foster Homes

14. What is required for licensure as a "treatment" foster home?
15. What are the limits, if any, on the number of children placed per foster home or treatment foster home?
16. Who regulates and licenses private treatment foster homes?
17. What training is provided to treatment foster parents?
18. How are foster homes selected?
19. Is the background of potential foster parents investigated?
20. Is there a review process for evaluating foster homes and treatment foster homes?
21. Who monitors foster homes and treatment foster homes to assure the proper health and safety of foster children?

III. Provision of Services

22. Who is responsible for the provision of non-educational services and case management for a child in foster care?
23. Does the school know, in written form, who has legal custody of a child?
24. Are parents still involved when a child is in out-of-home care? What is the nature of that involvement? Are they involved with schools?
25.How can schools find out when custody switches from county to parent, but the child remains in foster care?
26. To whom can the school go when there is a conflict between the foster parent and the parent?
27. Whom does the school contact if it believes the foster child needs more services than he/she is receiving?
28. Is it possible to have different requirements for a foster child leaving an institution versus a home? When a child goes from an institution into a foster home, how does the school develop a program for that child?
29. Can schools and teachers be made aware of medications a child in foster care is taking? If so, who is responsible for the notification?
30. What programs and services are schools obligated to provide children living in out-of-home care?
31. Must a school district enroll a child placed in out-of-home care, even if the placement will be short term?
32. Must a school district provide educational services immediately when receiving a child placed in out-of-home care or can the district wait for records and time to adequately plan? If service(s) must be provided, can it be at an alternative site?
33. Can a public agency transferring a child between foster homes and school districts permit the child to remain at home prior to attending the school, so that the new district has adequate time to prepare?
34. May a parent or social services opt to keep a child in the school in which he/she began the school year (especially if the foster home placement might be short-term)?
35. Who provides transportation for children to attend school programs? Is there a maximum time or distance for a child to be transported?
36. Are there opportunities to help a child in out-of-home care with post-secondary education?
37. Where can people go for more information from the state or private sector?

IV. Interagency Cooperation

38. What information can social services agencies share with school districts, foster parents, parents and other service agencies?
39. Should the school be notified of all visits between a foster child and his/her parents that are held outside of the school?
40. Can schools be involved in developing a child's treatment plan or permanency plan?
41. What is the administrative relationship between a county department of social or human services and the state department of health and family services?
42. Is there consistency in the manner in which county agencies deal with schools?
43. How can schools communicate more effectively with social services agencies?
44. May the social service worker contact the teacher or school of a child living in out-of-home care on a regular basis in order to keep lines of communication open?
45. How can we avoid stigmatizing youth living in out-of-home care in the school system?
46. Who can review the child's education file? What are the procedures that need to be followed?
47. What information is most important for educators to have when a student transfers into a district?
48. How can records be transferred in a timely manner?
49. Is a residential facility that has been providing educational services to a youth who has now enrolled in a public school required to forward the student's educational records to the public school once the facility has received notice the student has enrolled in the public school?
50. What can be done to facilitate communication between social services agencies and school districts?

V. Funding

51. Do school districts receive any financial aid for serving children in foster homes?
52. Does educational funding follow a foster child when the child is placed in a foster home located in another school district?
53. When a school district programs for a child without disabilities but with educational needs that are still difficult to meet, are there special incentives for them to assume this responsibility?
54. How will differences between the schools and the social service agencies be resolved in areas such as treatment plans and fiscal responsibility?

VI. Child Abuse and Neglect

55. How does the child welfare agency decide how quickly to investigate a report of suspected child abuse or neglect?
56. What information is a mandated reporter entitled to receive after making a report of suspected child abuse or neglect?
57. What are the possible outcomes of an investigation of suspected child abuse or neglect?
58. Is a county child protection worker entitled to receive or review student records as part of an investigation of suspected child abuse or neglect?

VII. Student Discipline

59. Who determines if an absence is excused?
60. What is truancy and habitual truancy?
61. May a school use corporal punishment as a form of student discipline?
62. Are there any statutes that govern the personal privacy of students?
63. What is the school district's authority to suspend a student?
64. What is the school district's authority to expel a student?
65. Are there any special considerations when a school district seeks to expel a child with a disability?

VIII. Special Education

66. Who has the authority to grant consent to evaluate a child for a suspected disability, to grant consent for initial placement in special education or to consent to reevaluation?
67. Who is a parent of a child with a disability?
68. Who is a "person acting as a parent?"
69.Who is a surrogate parent?
70. When is a surrogate parent assigned?
71. When may a foster parent act as a child's parent for the purpose of special education?
72. If the court assigns an employee of a county social services or human services agency as a child's guardian, is that person a parent under special education law?
73. May a local educational agency treat an individual who advocates on behalf of students with disabilities as the child's parent?
74. May a biological parent object to a decision made by an IEP team that did not include the biological parent, but included a person acting as a parent?
75. Who may be assigned by a local educational agency as a surrogate parent?
76. If the state, a county, or a child welfare agency already has the authority to make educational decisions for a child, why must a surrogate be assigned?
77. May surrogate parents be paid for performing their duties?
78. What role may the foster parent play in special education decision-making in a case where the parent retains legal rights?
79. What is the local educational agency for a child with a disability?
80. What is an IEP team? Who is involved?
81. Who may initiate an IEP team evaluation?
82. What is an individualized education program?
83. What is the process for developing an IEP?
84. May a representative of a social services or human services agency participate in the development of transition services for a child?
85. What must be included in the statement of needed transition services for a student beginning at age 16?
86. What is the process for implementing the IEP?
87. When is the educational placement implemented?
88. How can an IEP and educational placement be revised?
89. What informal avenues are available to resolve a dispute concerning the identification, evaluation, educational placement or the provision of free appropriate public education to a child?
90. What legal avenues are available to resolve a dispute concerning the identification, evaluation, educational placement, or provision of a free appropriate public education to a child with a disability?
91. What is the status of the child during the due process hearing and any subsequent appeals?
92. Are local educational agencies required to provide special transportation to children with disabilities?
93. What can be done about bus problems? Can special considerations be given for a child with a disability?
94. When a child with a disability transfers from one Wisconsin local educational agency to another, must special education services, including special transportation, be initiated immediately for the child?
95. Is an IEP team evaluation and IEP for a child conducted in one local educational agency valid in another? Must the receiving agency accept the sending agency's evaluation and IEP? Can the receiving agency conduct another evaluation and develop a new IEP?
96. What options are available to a small local educational agency when a child with a disability who has extensive needs is placed there and an appropriate program does not currently exist?
97. How can schools effectively communicate to foster parents and social services agencies what the rules and procedures are for children with disabilities?

IX. Glossary

X. Resources

DHFS Licensing Offices
DHFS Area Administration

XI. Forms

Assignment of a Surrogate Parent - MS Word - fillable
Authorization for Foster Parent to Act as a Parent - MS Word - fillable

VIII. Special Education

Who has the authority to grant consent to evaluate a child for a suspected disability, to grant consent for initial placement in special education or to consent to reevaluation?

The child's "parent" may consent to evaluate a child for a suspected disability, to place a child in special education or to reevaluate a child with a disability. All notices relating to the identification, evaluation, educational placement, and provision of a free appropriate public education to the child are sent to the parent, person acting as a parent or surrogate parent. A foster parent does not have the authority to consent unless the local educational agency determines that the foster parent may act as a parent under the law (Question 71), or the local educational agency assigns the foster parent as a surrogate parent to represent the child.
Who is a parent of a child with a disability?

The term "parent" includes:
1. A biological parent;
2. A husband who has consented to the artificial insemination of his wife under §891.40, Wis. Stats.;
3. A male who is presumed to be the child's father under §891.41, Wis. Stats.;
4. A male who has been adjudicated the child's father under Subchapter VIII of Chapter 48, under §§767.45 to 767.51, by final order or judgement of an Indian tribal court or by final order of a court in another state;
5. An adoptive parent;
6. A legal guardian;
7. A person acting as a parent of a child (see Question 68);
8. A person appointed as a sustaining parent under §48.428;
9. A person assigned as a surrogate parent under §115.792(1)(a)2., Wis. Stats. (see Questions 69-70, 75-77);
10. A foster parent, if certain conditions are satisfied. See Question 71.
The term "parent" does not include-
- any person whose parental rights have been terminated;
- the state or county or a child welfare agency if a child was made a ward of the state or a county or child welfare agency under ch. 880 or if a child has been placed in the legal custody or guardianship of the state or a county or a child welfare agency under ch. 48 or ch. 767;
- 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.
Who is a "person acting as a parent"?

A "person acting as a parent of a child" is 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. It includes the child's grandparents, 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. It does not include any person that receives public funds to care for the child if the funds exceed the cost of the child's care.
Who is a surrogate parent?

A "surrogate parent" is a person assigned by a local educational agency to represent a child with a disability in all matters relating to the identification, evaluation, educational placement, and the provision of a free appropriate public education (FAPE) to the child.
When is a surrogate parent assigned?

A local educational agency must make reasonable efforts to identify and determine the whereabouts of a child's "parent" as defined under special education law (see definition of "parent" in question 67). If an agency is unable after reasonable efforts to identify and determine the whereabouts of a parent, then the agency must appoint a surrogate parent to protect the rights of the child. A local educational agency may not appoint a surrogate parent to circumvent the procedures for obtaining consent for special education evaluation or placement from uncooperative or non-responsive parents. The Department of Public Instruction recommends that a local educational agency obtain a copy of the court order relating to the custody of the child prior to denying a biological or adoptive parent the rights of a parent under special education law.
When may a foster parent act as a child's parent for the purpose of special education?

Generally, a foster parent cannot act as the child's parents for the purpose of special education. However, under certain circumstances, a local educational agency may determine that a foster parent has the rights and responsibilities of a parent under special education law. A county social or human services department has no authority to do so. A local educational agency can determine that a foster parent has the rights and responsibilities of a parent if the local educational agency determines all of the following:
1. The right of the "parent" (as defined in Question 67, items 1-5) to make educational decisions concerning the child has been extinguished by termination of parental rights, by transfer of guardianship or legal custody or by other court order.
2. The foster parent has an ongoing, long-term parental relationship with the child.
3. The foster parent is willing to make educational decisions required of parents under special education law.
4. The foster parent has no interests that would conflict with the interests of the child.
The precise length of time for determining when a "long-term" parental relationship exists is not defined. In determining whether the foster parent has such a relationship with the child, the LEA should consider the amount of time that the child has been in the current foster placement and the anticipated permanency of the placement.

Generally, an employment relationship between the foster parents and the agency responsible for the child's care would create a conflict between the foster parents' interests and those of the child. However, in most cases foster parents are not employees of the agency responsible for the child's care, and they do not receive wages. They may receive payments on behalf of the child to meet the child's needs. The foster parents are not considered employees of the agency responsible for the child's care because they receive such payments.

Attached to this bulletin is a form that a local educational agency may use to document that it has designated a foster parent as a parent for the purpose of special education. The Department of Public Instruction recommends that the local educational agency obtain a copy of the court order extinguishing the rights of the child's parents prior to designating the foster parent to act as the parent. An otherwise qualified foster parent may also serve as the child's surrogate parent when appointment of a surrogate parent is required. See question 70.
If the court assigns an employee of a county social services or human services agency as a child's guardian, is that person a parent under special education law?

If an employee was assigned as the child's guardian because of his/her position with the county agency, or if the employee acts as the child's guardian as a part of a job with the agency, then the employee is an agent of the county agency and is not considered a "parent" under special education law.
May a local educational agency treat an individual who advocates on behalf of students with disabilities as the child's parent?

The local educational agency must meet the requirements of special education law by continuing to provide mandated notices to the child’s parent, and it must continue to attempt to involve the parent in required meetings relating to the evaluation, program planning and educational placement. Advocates can receive information about the child only with the signed consent of the parent. Even with parental consent, notifying only the advocate of meetings would not satisfy the requirements, and attendance only by the advocate at IEP team meetings would not satisfy the requirements related to efforts to involve parents in IEP team meetings.
May a biological parent object to a decision made by an IEP team that did not include the biological parent, but included a person acting as a parent?

As long as his/her rights have not been terminated by a court order, a biological or adoptive parent or guardian may assert parental rights under special education law at any time.
Who may be assigned by a local educational agency as a surrogate parent?

Any person meeting the qualifications under 34 CFR §300.515(c), including a foster parent, may be appointed a surrogate parent for a child. The local educational agency must ensure that a person selected as a surrogate parent:
1. Is not an employee of the Department of Public Instruction, the local educational agency or any other agency that is involved in the education or care of the child (This requirement applies to all employees of the agency and not just those working directly with a particular child);
2. Has no interest that conflicts with the interests of the child he/she represents; and
3. Has knowledge and skills that ensure adequate representation of the child.
A local educational agency may appoint as a surrogate parent a person who is an employee of a nonpublic agency that only provides non-educational care for the child and who meets the standards above. With regard to these and other qualifications, it is the local educational agency that determines whether a particular person is qualified. Attached to this bulletin is a form that a local education agency may use to document that it has assigned a surrogate parent.
If the state, a county, or a child welfare agency already has the authority to make educational decisions for a child, why must a surrogate be assigned?

While the state, county, or child welfare agency may have the authority generally to make educational decisions under the terms of a court order, it does not have specific authority under special education law to make decisions regarding the identification, evaluation, educational placement, and provision of a free appropriate public education (FAPE) to a child with a disability. Special education law does not recognize the state, a county or a child welfare agency as the parent of a child.
May surrogate parents be paid for performing their duties?

Yes. An individual may be paid for acting as a surrogate parent without being disqualified under the non-employee requirement. However, nothing in the law requires that a surrogate parent be paid.
What role may the foster parent play in special education decision-making in a case where the parent retains legal rights

A local educational agency should ensure that individuals who have necessary knowledge or special expertise regarding the child participate in IEP team meetings. Such individuals may include the child’s foster parents. However, before the child’s foster parents participate in an IEP team meeting, the child’s parent with the legal right to grant consent to release education records must give that consent in writing.
What is the local educational agency for a child with a disability?

Generally, the child’s local educational agency is the school district in which the child resides. If a child with a disability resides in an institution or facility operated by the Wisconsin Department of Health and Family Services, that department is the child’s local educational agency. If a child with a disability resides in a Type 1 secured correctional facility or a Type 1 prison operated by the Wisconsin Department of Corrections, that department is the child’s local education agency.

The responsible local educational agency for a child residing in a "child caring institution" is the educational agency that was responsible for providing a free appropriate public education to the child before the placement of the child in a child caring institution. However, if prior to the placement of the child in a child caring institution the child resided in a Type 1 secured correctional facility or a Type 1 prison operated by the Wisconsin Department of Corrections or a facility operated by the Department of Health and Family Services, the responsible local educational agency is the school district in which the child caring institution is located. The county or state agency that placed the child in the child caring institution must pay all of the child caring institution related costs of educating the child while the child resides in the child caring institution.
What is an IEP team? Who is involved?

An IEP (individualized education program) team is a group of individuals appointed by a local educational agency to:
1. Evaluate a child to determine the child’s eligibility or continued eligibility for special education and the educational needs of the child;
2. Develop, review, and, when necessary, revise an IEP for a child with a disability;
3. Determine the initial educational placement of a child with a disability and determine placement at least annually thereafter.
An IEP team consists of:
1. The parents of the child;
2. At least one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);
3. At least one special education teacher who has extensive and recent training and experience related to the child’s known or suspected disability;
4. A representative of the local educational agency who is qualified to provide, or supervise the provision of, special education, is knowledgeable about the general curriculum and is knowledgeable about and authorized to commit the available resources of the local educational agency;
5. An individual who can interpret the instructional implications of evaluation results;
6. At the discretion of the parent or the local educational agency, other individuals who have special knowledge or special expertise about the child; and
7. The child, whenever appropriate.
Who may initiate an IEP team evaluation?

Any physician, nurse, teacher at a state or county residential facility, psychologist, social worker, administrator of a social agency, or any Department of Public Instruction-licensed personnel employed by a local educational agency who has reasonable cause to believe that a child has a disability must refer the child to the local educational agency for an IEP team evaluation. Other persons, including the child’s parents, may refer the child for an IEP team evaluation. This is a special education referral, and the day it is received by the local educational agency starts a timeline of 90 days. Within this time the school must evaluate the child, determine whether the child is eligible for special education, and if the child is eligible, develop an IEP and offer an educational placement to implement the IEP.
What is an individualized education program?

An IEP is a written statement for a child with a disability that includes:
1. The child's present levels of educational performance;
2. Measurable annual goals, including benchmarks or short-term instructional objectives;
3. The specific special education and related services and supplementary aids and services to be provided to the child;
4. An explanation of the extent, if any, to which the child will not participate with non-disabled peers in the regular class and other school activities and in the general curriculum;
5. A statement of any individual modifications in the administration of State or district-wide assessments that are needed for the child to participate or, if the child will not participate, why the child will not participate and how the child will be assessed;
6. Projected dates for the beginning of the services and modifications and the anticipated frequency, location and duration of the services and modifications; and
7. How the child’s progress toward annual goals will be measured and how the child’s parents will be regularly informed of their child’s progress and the extent to which the progress is sufficient to enable the child to achieve the goals by the end of the year.
For a student beginning at age 14 or younger if appropriate, the IEP includes a statement of transition service needs focusing in the student’s courses of study. For a student beginning at age 16 or younger if appropriate, the IEP includes a statement of needed transition services, including, if appropriate, a statement of the interagency responsibilities or any needed linkages. Transition services are a coordinated set of activities, designed within an outcome-oriented process, that promotes movement from school to post-school activities such as post-secondary education, vocational training, employment, continuing and adult education, adult services, independent living, or community participation.
What is the process for developing an IEP?

The local educational agency holds an IEP team meeting to develop an IEP no later than 30 days after the team determines that a child is a child with disability. Often an IEP can be developed at the same meeting in which the IEP team determines the child’s eligibility. A new IEP must be developed at least annually. In addition to the IEP team participants in Question 80, if one purpose of the meeting is consideration of post-school transition, the local educational agency also must invite the student. If the student does not attend the meeting, the local educational agency must ensure the interests and preferences of the student are considered. If one purpose of the meeting is consideration of needed transition services, which may include, if appropriate, a statement of interagency responsibilities and linkages, the local educational agency also must invite a representative of any other agency that is likely to be responsible for providing or paying for transition services.

The IEP team must consider the child’s strengths and the concerns of the parents for enhancing the child’s education; the results of the initial or most recent evaluation; and, as appropriate, the results of the child’s performance on any general state or district-wide assessment. The IEP team must also:
1. In the case of a child whose behavior impedes his/her learning or the learning of others, consider, if appropriate, strategies, including positive behavioral interventions, strategies, and supports to address that behavior;
2. In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the IEP;
3. In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP 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 deaf or hard of hearing, 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; and
5. Consider whether the child requires assistive technology devices and services.
May a representative of a social services or human services agency participate in the development of transition services for a child?

The law requires that when transition services are considered for a child at a meeting to develop the child's IEP, a local educational agency invite a representative of agencies that are likely to be responsible for providing or paying for transition services. This requirement would include inviting a representative of a social services agency. If an agency invited to send a representative does not do so, the school district must take other steps to obtain the participation of the agency in planning any transition services.
What must be included in the statement of needed transition services for a student beginning at age 16?

A statement of transition services for a student beginning at age 16, or younger if appropriate, must be based on the individual student's needs, taking into account the student's preferences and interests. It includes: instruction; related services; community experiences; the development of employment and other post-school adult living objectives; and, if appropriate, acquisition of daily living skills and a functional vocational evaluation.
What is the process for implementing the IEP?

After an IEP has been completed for a child, the IEP team, including the child’s parents, determines the child’s educational placement, including the school building or facility the child will attend. The members of the IEP team must be knowledgeable about the child, the evaluation data concerning the child, and the placement options. The educational placement is based upon and carries out the IEP. Special education and related services must be provided to the child consistent with the IEP.
When is the educational placement implemented?

A reasonable time prior to implementing the IEP, the local educational agency provides the parent or surrogate parent a written notice of educational placement. If the child is being placed in special education for the first time, prior to the provision of special education, the local educational agency must obtain the parent’s written consent for the provision of special education. Once the notice and consent requirements of the law are satisfied, there can be no unreasonable delay in the implementation of the educational placement.
How can an IEP and educational placement be revised?

Only an IEP team may revise a child’s IEP and change a child’s educational placement. Therefore, in order to revise a child’s IEP or change a child’s educational placement, a local educational agency must conduct an IEP team meeting. A child’s parent may request the local educational agency to conduct an IEP team meeting for the purpose of changing the child’s IEP and/or educational placement. The local educational agency must honor any reasonable request for an IEP team meeting. If a local educational agency refuses a request for an IEP team meeting, it must send the parent a notice of its refusal.
What informal avenues are available to resolve a dispute concerning the identification, evaluation, educational placement or the provision of free appropriate public education to a child?

Most disagreements between parents and a local educational agency about special education can be resolved through discussions at IEP team meetings. If a disagreement cannot be resolved in this manner, the parents and the school may use the Wisconsin Special Education Mediation System (WSEMS). There is no charge for this service. The parents or the local educational agency may request mediation individually or jointly. A joint request will speed the process. The WSEMS will appoint a mediator to help the parties resolve the dispute in a private meeting. If the parties resolve all or part of the dispute, the mediator will ensure that the agreement is in writing. The agreement is legally binding on the parties. Mediation may not delay or deny a parent’s right to an impartial due process hearing.
What legal avenues are available to resolve a dispute concerning the identification, evaluation, educational placement, or provision of a free appropriate public education to a child with a disability?

It is preferable that special education disputes be resolved at IEP team meetings or through mediation. Resolution of disputes in this manner encourages mutual respect, promotes communication and preserves a positive working relationship for the future. However, a parent, a person acting as a parent or a surrogate parent of a child with a disability has the right to have their issues heard before an impartial hearing officer.

A "due process hearing" under §115.80, Stats, may be requested from the Wisconsin Department of Public Instruction to resolve a dispute concerning the identification, evaluation, educational placement, or provision of a free appropriate public education. The department will ensure that a state administrative law judge conducts a hearing on the issues and sends a written decision to the parties within 45 days of the department’s receipt of the hearing request. The hearing officer may grant extensions of the 45-day period at the request of either party. The hearing officer's decision is final unless a party appeals the decision to a state or a federal court.

In addition, any person who believes a local educational agency has violated a provision of special education law may file a complaint under the Individuals with Disabilities Education Act with the Department of Public Instruction. The department must issue a decision within 60 days.
What is the status of the child during the due process hearing and any subsequent appeals?

During the due process hearing, the child involved in the hearing remains in his/her current educational placement, unless the parent and the school district agree otherwise. If the decision of the hearing officer agrees with the parents that a change of placement is appropriate, the child is placed in the new placement until the completion of any subsequent appeals. Children placed in interim alternative educational settings under the disciplinary provisions of the Individuals with Disabilities Education Act (IDEA) are subject to different requirements. See Department of Public Instruction Special Education and Pupil Services Information Update Bulletin number 00.02, questions 37 and 38.

If the dispute involves initial admission to public school, the child, with the consent of the parent, must be placed in the public school until the completion of the hearing and subsequent appeals.
Are local educational agencies required to provide special transportation to children with disabilities?

For children with disabilities, special transportation may be a related service if it is necessary for the child to benefit from special education. The child’s IEP team decides whether special transportation is needed. If they determine it is needed, a description of the special transportation is included in the child’s IEP. The special transportation must be provided consistent with the child’s IEP and at no cost to the child’s parents.

In some instances a local educational agency may be required to provide special transportation to a parentally placed private school child with a disability. A local educational agency is not required to provide special education services to all parentally placed private school children with disabilities. These students do not have an individual entitlement to special education and related services. See Information Update Bulletin 98.01, Children with Disabilities Enrolled by Their Parents in Private Schools. [note: Current information is at Bulletin 06-03.]

However, if a local educational agency does provide education services to a private school child with a disability, the local educational agency must provide transportation if it is necessary for the child to benefit from or participate in the special education services. In such a case, the local educational agency must provide transportation:
- from the child’s school or the child’s home to a site other than the private school; and
- from the service site to the private school, or to the child’s home, depending on the timing of the services.
What can be done about bus problems? Can special considerations be given for a child with a disability?

Unless otherwise required by a child’s IEP, a local educational agency provides transportation to a child with a disability in the same manner as to a child without a disability. If the child has a disability that requires special transportation, the local educational agency must ensure it is provided at no cost to the parents. Section 121.54(3), Wis. Stats., requires that transportation be provided to children with disabilities regardless of distance if the transportation is necessary for safety and comfort of the child. The need for special transportation is decided by the participants in an IEP team meeting and is stated as a related service in the IEP.

If a child with a disability is experiencing significant behavior difficulties on the school bus, the child’s IEP team should consider including in the child’s IEP positive behavioral interventions to teach the child appropriate school bus behavior. If the unacceptable behaviors continue, even after appropriate efforts to address them, the IEP team may need to consider other means of providing transportation.
When a child with a disability transfers from one Wisconsin local educational agency to another, must special education services, including special transportation, be initiated immediately for the child?

When a child with a disability transfers from one Wisconsin local educational agency to another, all special education services in a child’s IEP, including special transportation, must be provided without interruption. The child may not be placed, even temporarily, without appropriate special education services.
Is an IEP team evaluation and IEP for a child conducted in one local educational agency valid in another? Must the receiving agency accept the sending agency’s evaluation and IEP? Can the receiving agency conduct another evaluation and develop a new IEP?

A local educational agency receiving a transfer student from another Wisconsin agency must implement the IEP from the sending agency until the receiving agency adopts the sending agency’s IEP or develops its own. If the receiving agency cannot implement all of the sending agency’s IEP, the receiving agency must provide services that approximate the IEP as closely as possible. If an IEP meeting is needed, it should be conducted within a short time after the student enrolls (normally within one week).

The receiving local educational agency must either adopt the evaluation of the sending agency or complete a reevaluation of the student. If the agency decides to reevaluate the student, it must do so consistent with §115.78(3), Wis. Stats., which establishes a 90-day time limit. The 90-day timeline begins when the student enrolls. The law permits extension of the 90-day time limit with the permission of the parent or, if the parent does not grant permission, the Department of Public Instruction.

When a Wisconsin local educational agency receives a transfer student from another state, the receiving agency is not required immediately to implement the sending agency’s IEP. However, the receiving agency must ensure that the rights of the student and the parents are not compromised. See OSEP (Office of Special Education Programs) Memorandum 96-5, December 6, 1995. A child's right to education is established under Article X, Section 3, of the Wisconsin Constitution. A local educational agency has no authority to deny enrollment to a resident child. Therefore, the agency must admit the child to school without delay.

The receiving agency must initially review the out-of-state agency’s evaluation and eligibility determination to determine whether the child has a disability under Wisconsin standards and the IDEA. If the evaluation and eligibility determination meet these standards, the receiving agency may adopt them. If the receiving agency does not adopt the out-of-state agency’s evaluation, it must complete its own evaluation with 90 days of the child’s enrollment.

For additional information, see Department of Public Instruction Information Update Bulletin 00.10, which addresses local educational agencies’ responsibilities regarding transfer pupils with disabilities.
What options are available to a small local educational agency when a child with a disability who has extensive needs is placed there and an appropriate program does not currently exist?

The local educational agency may expand the educational placement options within the agency. In some cases, additional staff, including special education program aides, may be employed to assist in providing the child with an appropriate education.

However, a local educational agency is not required to provide every child with a disability with an appropriate educational placement within its boundaries. The local educational agency may consider an educational placement outside the agency. It may purchase programs and services operated by a County Children's with Disabilities Education Board (CCDEB), Cooperative Educational Service Agency (CESA), or another local educational agency.
How can schools effectively communicate to foster parents and social services agencies what the rules and procedures are for children with disabilities?

Although districts must decide how they wish to accomplish this in a way consistent with their own situation, the following are basic methods that may be used:
1. Provide the social services agency, the parents (perhaps through the social services agency) and the foster parents with the same written materials that the districts provide to parents in the district.
2. Provide the social services agency with a copy of the appropriate policies, rules and other information pertinent to programs for children with disabilities for that agency's staff to use.
3. Invite the social services agency staff to district in-service training.
4. Establish a task force that would deal with all interagency relations including issues in the education of children with disabilities.
5. In the case of disputes, develop a local procedure to resolve the dispute. If the dispute cannot be resolved locally, request a clarification from the Department of Public Instruction or the Department of Health and Family Services.

For questions about this information, contact the Special Education Team, (608) 266-1781.

Last updated on 7/8/2009 10:10:50 AM

Information Update Bulletin 00.11--Part 2