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Students Receiving Off-Site Services

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Students in a Residential Care Center (RCC)

Definition: Student placed by a county or state agency in a residential care center.

Uses: The information is used to complete Wisconsin's Annual Report on the Implementation of Free Appropriate Public Education (FAPE) required under section 618 of the Individuals with Disabilities Education Act of 2004. WISEdata October 1 Child Count records are required for students with disabilities placed by a county or state agency in a RCC.

Data Element Information: This section will help you determine the local education agency (LEA) responsible for a free appropriate public education (FAPE) and the WISEdata submitting district for a student with disability.

FAQs, Details, and Points to Note

 

Responsible Local Educational Agency: Each resident child with a disability placed in an RCC by a county or a state agency has a "responsible local educational agency."  The responsible LEA has a duty to ensure the child is provided FAPE.  This agency generally continues to be the LEA that was responsible for providing FAPE to the child before placement in the RCC.

However, if the child resided in an institution or facility operated by the Department of Health Services or the Department of Corrections before the placement in the RCC, the LEA responsible for providing FAPE becomes the school district in which the RCC is located. (Wisconsin Stats 115.81(1)(b))

If a student’s family moves from one LEA to another while the child resides in a RCC, the child’s responsible or FAPE LEA does not change.

WISEdata Submitting Agency: For a student with a disability placed at a RCC AND receiving his or her primary PK-12 education on the RCC grounds, WISEdata enrollment is submitted by the student’s FAPE agency. For a student with a disability placed at a RCC AND receiving his or her primary PK-12 education off the grounds of the RCC, WISEdata enrollment is submitted by the school district providing the primary education.  This district will identify the student’s FAPE agency as part of the WISEdata enrollment reporting.

Students without Disabilities: When a student without disabilities is placed by a county or state agency, the student is exited from WISEdata by the prior school district. The prior school district should use the TNC exit type and cease tracking attendance and enrollment for the student.

Membership/Financial Implication: Each student at one of Wisconsin’s Residential Care Centers, where the local school district is providing the student’s educational services, will be included in the school district’s membership count. The school district will incur the expenses related to meeting the student’s educational needs that are provided by a certified teacher/program.

Related Links:                 Special Education - RCC                             RCC Scenario KBA

Students in a Day Treatment Center

Definition: Student placed in a day treatment center as defined by the local education board.

Data Element Information: This section will help you determine who is FAPE accountable for this student and who needs to submit this student to WISEdata. All data elements for students in day treatment centers will still need to be submitted to WISEdata.

Helpful Details/Use Cases: A local educational agency (LEA) remains responsible for ensuring the child receives free appropriate public education (FAPE).

Student With IEP Placed in a Day Treatment Center By a Parent

 

If parents place their child with an IEP in a day treatment program listed in the DPI's private school directory or meeting the statutory definition of a private school [Sec. 118.165(1), Stats.], IDEA requirements for parentally-placed private school students apply. A student does not have an individual entitlement to FAPE while attending a private school and there is no responsible FAPE agency. If parents place their child in a facility that is not a private school, the child's LEA continues to be obligated to ensure FAPE for the child. The child’s LEA continues to submit to WISEdata.

Membership/Financial Implication: When the school district’s Fund 10 (general fund) is not paying for the student’s educational services while in a Day Treatment Center, that student cannot be included in the school district’s September 3rd Friday count or January 2nd Friday counts. The school district’s FAPE obligations will be determined by the actual placement.

Students Temporarily Placed Outside a District

Children’s Hospitals

 

Definition: Student who is unable to attend school due to illness or medical needs that require the child to be placed in a children’s home, American Family Children’s Hospital, or the Children’s Hospital of Wisconsin.

Data Element Information: This information will help determine the FAPE-responsible school and submitting district for students in children’s hospitals.

Helpful Details/Use Cases: The school district in which the “children’s home” or “orthopedic hospital” is located is the student's local educational agency (LEA) responsible for FAPE from the first day the student lives in the facility, unless the student is excused from attendance by the original school district upon the parents’ request, consistent with compulsory attendance requirements. If the student is excused, the original school district retains FAPE responsibility. View the Thayer rule for more information about accountability in these cases.

Membership/Financial Implication: A district that provides educational services to a child placed outside a child’s home, such as a jail, detention, or hospital within the district and who has been or could have been counted as a resident pupil by a different district in the pupil count report under sec. 121.05, may request state tuition under sec. 121.79(1)(a). These children should not be counted by the district claiming state tuition as a resident pupil under sec. 121.05 on PI-1563 Pupil Count Report.

A district that provides educational services to a pupil placed in a children’s home in the district in which he/she has been or could have been counted as a resident pupil may request state tuition, as well as count the pupil as a resident pupil under sec. 121.05 on the PI 1563 Pupil Count Report.

State tuition under sec. 121.79(1)(a) is paid based on actual costs. The state equalization aid paid to the district will be deducted from the state tuition claim. If the statewide amount of state tuition claims made during the fiscal year exceeds the legislature’s appropriation, all claims are prorated. (Source: https://dpi.wi.gov/sites/default/.../oe_newresidency_2011_10.doc )

Related Links:     Special Education - Residency


Wisconsin Challenge Academy

 

Definition: Student, 16-18 years old, considered an at-risk teen attending the WI Challenge Academy.

Data Element Information: Students at the Challenge Academy remain enrolled in their own schools’ resident districts. WISEdata records for any student enrolled at the Challenge Academy should be submitted by the district where the student resided prior to enrollment in the Challenge Academy.

Helpful Details/Use Cases:

Student Leaves Public School for Challenge Academy

Student does not exit the district. The student remains enrolled in the district and remains the responsibility of the school district while attending the Challenge Academy. The students are counted for aid, revenue limit, and school reporting purposes.

If the student drops out of the Challenge Academy and terminates schooling rather than re-enrolling in a public school, then the student will be considered a dropout in the public school district.

Student Graduates from Challenge Academy

Cadets who successfully complete the GED exams and complete health, civics, career awareness, and employability skills graduate with a High School Equivalency Diploma (HSED). The Challenge Academy has a waiver to PI 5, allowing cadets to test at the age of 17 and receive the HSED. The cadets also receive the Challenge Academy Certificate.

  • Student Completes All Requirements for the HSED: Students have the right to be done with high school and go on with their lives with an HSED issued by DPI. In that case, the school district may count the students as completers. Students also have a right to return to their high school until they graduate with a diploma issued by the school district or age out. An HSED is not considered a diploma. The students may choose to return to a regular class schedule, and the work done at the Challenge Academy is converted into credits for the students’ transcripts, or if the district offers a GEDO #2 program, the student completes the additional work for the GEDO #2 program and leaves when that work is complete. In both cases, when the student earns a diploma issued by the school district, the district may count the student as a graduate.
  • Student Has Not Completed All Requirements for the HSED: If the student returns to the school district, the school district may either contract with the area technical college, under s.118.15, for the student to complete the HSED, enroll the student in the district’s GEDO #2 program, or the student may elect to take regular classes towards high school graduation.

Student Does Not Complete Challenge Academy

Cadets are volunteers and may withdraw from the program. Cadets may also be released from the program for behavioral or medical reasons. Cadets who leave the program early receive an academic report detailing accomplishments at the Academy. This report is also sent to the school district of record. If the students are under 18, they must return to their local high school until the end of the term, quarter, or semester in which they turn 18 (which is when they may quit) or until age 21.

Membership/Financial Implication: Cadets selected to attend the Challenge Academy are considered enrolled in their resident district for purposes of district equalization aid eligibility, special education responsibility, and revenue limit authority. (Wis. Stat. §321.02(1(c)) (Wis. Stat. §121.05(1)(a)13. School districts still receive aid for students while the student is at the Challenge Academy. (Wis. Stat. §121.095)

Each student placed at the Challenge Academy who completes the first couple of weeks will result in their district of residence having to pay for the educational services provided for the entire term. There are two terms per school year. Each student will be reported in the PI-1563 YCA portal in September and March. The inclusion of each student will positively impact the Revenue Limit and state aids the school district receives.

Related Links:      Challenge Academy website                 School Financial Services - Challenge Academy

Students in Juvenile Facilities

Definition: Student entering a juvenile detention center that is unaffiliated with the Department of Corrections after previous enrollment in regular school

Data Element Information: The enrollment date in the new district should be the date the student initially receives educational services from the new district. Under any circumstances, if a student is present at a school for a total of less than one full day, then submission of a school enrollment record is not expected or required.

Helpful Details/Use Cases: Students within juvenile detention facilities are considered residents of the school district in which the facility is located. The school district in which the facility is located is responsible for the student. See State ex rel. School District No. 1 of Waukesha v. Thayer, 74 Wis. 48 or 41 N.W. 1014 (1889). The court ruled that for school purposes, the child who resides away from his parents’ home is considered a resident of the school district in which the child actually resides rather than the one in which the parents live, so long as the child’s primary purpose for residing away from his parents is other than to attend the schools of the district in which the child actually resides. So under the Thayer decision, a student living at a juvenile detention facility or any other court-ordered residential placement within a school district is a resident of that district in terms of who is responsible to provide the education. Services should begin as soon as the student becomes a resident of the school district in which the detention facility is located.

All IDEA protections apply to students with disabilities in detention centers. The school district responsible for educating students in a particular detention facility must ensure students with disabilities receive a free appropriate public education (FAPE) in the least restrictive environment (LRE).

Membership/Financial Implication: In general, residency for state aid and revenue limit purposes, or “membership,” is tied to where students live and who is financially responsible for their education. However, a student living on the count date at a facility for which a district is eligible for State Tuition reimbursement under s. 121.79, Stats., may not be counted for that district’s membership. Eligible facilities include juvenile detention centers, jails, and certain foster or group homes.

If students who would ordinarily be counted for membership by their home district are absent on the count date due to incarceration or another court-ordered placement, they may still be counted by the home district if:

  1. The student attends school at least one day before and one day after their incarceration or placement,

  2. The student does not change residency between those dates, other than by their incarceration or placement, and

  3. The district that educated the student on the count date is eligible for State Tuition reimbursement under s. 121.79, Stats.

The overall principle that a student may only be counted once for membership holds true for incarcerated students. If the student is incarcerated or placed in a facility within their home district on the count date, but the district would otherwise be eligible to count them for membership, the district may still count them. Any State Tuition reimbursement the district is eligible for will be reduced by the amount of general state aid it receives for that student.

Related Links:  School Financial Services - State Tuition              Alternative Education

Students in County Jails

Definition: Student entering county jail by court mandate

Data Element Information: The enrollment date in the new district should be the date the student initially receives educational services from the new district. Under any circumstances, if a student is present at a school for a total of less than one full day, then submission of a school enrollment record is not expected or required. A school district supplying homework assignments assures a continuity of education but must still exit the student.

Helpful Details/Use Cases: Under the Thayer decision, a student living in a jail or any other court-ordered residential placement within a school district is a resident of that district, in terms of who is responsible to provide their education. Services should begin as soon as the student becomes a resident of the school district in which the detention facility is located. While the law requires a district where the student is held to serve the student immediately, they aren't required to make a change in WISEdata until 96 hours after the student arrives. This is to protect from the situation where a student is arrested tonight, starts school in the morning, goes to court at 1 p.m., and is out by 4 p.m., as well as because there is authority to hold a student for 72 hours as a sanction.

For incoming jail students expelled without educational services, the responsibility falls to the operator of the facility (e.g., Sheriff’s Department, Human Services). While a school district is not required to enroll a student during the term of his/her expulsion from another school district, school districts are encouraged to work with the jail or detention facility on the provision of educational services. No service to an expelled student obligates the school district for education post release. For students expelled with educational services, the school district where the student resides in the jail or detention facility must provide educational services.

All IDEA protections apply to students with disabilities in jails. The school district responsible for educating students in a particular jail must ensure students with disabilities receive a free appropriate public education (FAPE) in the least restrictive environment (LRE).

A student released on Huber, a program for students incarcerated to leave for work purposes, may attend at his or her local high school. For students whose detention or incarceration changes the school district of attendance, a written agreement signed by the school district responsible for the student’s education at the time, the student, and the facility should be entered into prior to release for educational services under Huber.

Membership/Financial Implication: In general, residency for state aid and revenue limit purposes, or “membership,” is tied to where a student lives and who is financially responsible for their education. However, a student living on the count date at a facility for which a district is eligible for State Tuition reimbursement under s. 121.79, Stats., may not be counted for that district’s membership. Eligible facilities include juvenile detention centers, jails, and certain foster or group homes.

If students who would ordinarily be counted for membership by their home district are absent on the count date due to incarceration or another court-ordered placement, they may still be counted by the home district if:

  • The students attend school at least one day before and one day after their incarceration or placement,

  • The students do not change residency between those dates, other than by their incarceration or placement, and

  • The district that educated the students on the count date is eligible for State Tuition reimbursement under s. 121.79, Stats.

The overall principle that a student may only be counted once for membership holds true for incarcerated students. If the students are incarcerated or placed in a facility within their home district on the count date, but the district would otherwise be eligible to count them for membership, the district may still count them. Any State Tuition reimbursement the district is eligible for will be reduced by the amount of general state aid it receives for that student.

Related Links:   Alternative Education

Expelled Students Receiving Off-Site Services

Please read the corresponding section in the Non-traditional Student Population page for more information about Expelled Students Receiving Services.

For an expelled student with disabilities who is IDEA eligible, the district is required to provide services to the student. It is not relevant that the services are provided outside a school building, whether online or via teleconference, for example. This student should have a current enrollment in WISEdata associated with the district. The district may decide if a continuous enrollment will be reported or if the student will have an exit date the day prior to the expulsion and a new enrollment entered for the student to reflect the change to receiving these off-site services while expelled. The district is then responsible for all WISEdata reporting on this student.

Students Participating in Project SEARCH

Definition: Project SEARCH is an employment internship program students with disabilities typically complete during the final year of transition services from a school district.

Helpful Details/Use Cases: Though most students participating in Project SEARCH are in their final year of school, it is possible for a youth to graduate and use a different funding source for Project SEARCH (e.g., family care or IRIS). Students are only eligible for school services (FAPE) until the time of graduation. What this means for the student wishing to continue in the program is that he or she will need to either postpone getting a diploma and not be counted as a graduate that year (up until reaching max age), or he or she will need an alternative funding source to pay the cost of Project SEARCH (approximately $8000.00) next year after graduation.

If the district is paying for Project Search and they have a contract to provide services (Project SEARCH is considered a service), then the students are considered enrolled and should be included in 3rd Friday and October 1 counts.

If a student is open enrolled to a district, then the student would NOT be included in October 1 or 3rd Friday of September counts. However, if a student is open enrolled to a different district from her/his resident district to allow participation in Project SEARCH, then the student should be included in the counts for the district where she/he is open enrolled.

Related Links: Project Search 

Students with a Third Party IEP Placement

Agreements where an IEP places a student outside the school district have become common over the past few years. The entity providing services may be, but is not limited to, a CESA, a private school, or another public school. Such an agreement may even place the student out of state. The student’s records should be submitted to WISEdata by the district responsible for the IEP even though the student does not receive services from that district. The district is responsible for gathering all required WISEdata elements from the entity which is providing the services.

 

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