Department will hold public hearing on proposed rules related to children with disabilities

MADISON — The Wisconsin Department of Public Instruction will hold preliminary public hearing and comment period to consider promulgation of administrative rules under two statements of scope, one relating to reevaluation criteria for orthopedic impairment, traumatic brain injury, and significant developmental delay disability categories, and the other related to specific learning disability evaluations homeschool and private school settings.

 

A proposed permanent rule seeks to conform sections of Wis. Admin. Code Ch. 11 that address the reevaluation criteria for special education for orthopedic impairments, traumatic brain injuries, and significant developmental delay disability categories. The reevaluation criteria are needed to address continuing eligibility for special education services and to ensure that students who may be making progress and may no longer meet initial criteria are still eligible to receive services if they need specially designed instruction and other special education supports to address the child’s disability-related needs, including those needs that are originally identified and new needs that have developed since the initial evaluation.

 

Additionally, a proposed permanent and emergency rule seeks to update Wis. Admin. Code Ch. 11 with respect to evaluations of children in homeschool and parentally placed private school settings for specific learning disabilities. The proposed rule provides that when evaluating a child in a parentally placed private school or home-based private education program, IEP teams may use a pattern of strengths and weaknesses or significant discrepancy as an alternate procedure for identifying a child with a specific learning disability.

 

The DPI will hold the public hearing by teleconference only. Additional information on attending is provided below. Written comments received no later than the date of the hearing will be given the same consideration as testimony presented at the hearing.

 

A copy of the proposed rule is available on the department's Administrative Rules webpage or the Wisconsin Legislature Rules site. Written comments may be submitted in lieu of testimony online via the legislature’s webpage for submitting public comment. Questions or additional testimony may be sent by email to the department’s administrative rules coordinator.

 

WHAT: Administrative rules hearing

WHEN: 1:30 p.m. on Monday, Oct. 25, 2021

WHERE: Conference call only; Phone number: 608-620-9781; Conference ID: 407 197 550#