Wisconsin Statutes & Annotations
Chapter 115 - State superintendent; general classifications and definitions; children with disabilities.
115.81 - Children in residential care centers.

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, appropriate 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, 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).

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 115 - State superintendent; general classifications and definitions; children with disabilities.

115.001 - Definitions.

115.01 - Classifications.

115.28 - General duties.

115.29 - General powers.

115.293 - Smarter Balanced Assessment Consortium; Common Core State Standards Initiative; prohibition.

115.295 - Federal appropriations adjustments.

115.297 - Cooperative research on education programs; statewide student data system.

115.298 - Disclosure of pupil records.

115.30 - Forms and reports.

115.31 - License or permit revocation; reports; investigation.

115.315 - Memorandum of understanding; license restriction and suspension.

115.33 - Inspection of school buildings.

115.34 - School lunch program.

115.341 - School breakfast program.

115.343 - Wisconsin school day milk program.

115.345 - Nutritional improvement for elderly.

115.347 - Direct certification of eligibility for school nutrition programs.

115.35 - Health problems education program.

115.355 - Assistance to schools for instruction on adoption.

115.36 - Assistance to schools for alcohol and other drug abuse programs.

115.3615 - Head start supplement.

115.363 - Second Chance Partners for Education.

115.364 - Aid for school mental health programs.

115.365 - Assistance to schools for suicide prevention programs.

115.366 - Grants to support peer-to-peer suicide prevention programs.

115.367 - School-based mental health services grants.

115.368 - Assistance to schools for protective behaviors programs.

115.37 - Blind and visual impairment education council.

115.372 - Deaf and hard-of-hearing education council.

115.38 - School performance report; educational program review.

115.383 - Student information system.

115.385 - School and school district accountability report.

115.405 - Grant program for peer review and mentoring.

115.41 - Teacher improvement program.

115.415 - Educator effectiveness.

115.42 - Grants for national teacher certification or master educator licensure.

115.423 - Rural school teacher talent pilot program.

115.425 - Professional standards council for teachers.

115.43 - Precollege scholarships.

115.435 - Supplemental aid.

115.436 - Sparsity aid.

115.437 - Per pupil aid.

115.438 - Personal electronic computing devices; grant program.

115.44 - Early identification program.

115.445 - Four-year-old kindergarten grants.

115.447 - Summer school programs; grants.

115.45 - Robotics league participation grants program.

115.455 - Grant for information technology education.

115.46 - Interstate agreement on qualification of educational personnel.

115.47 - Designated state official under agreement.

115.48 - Contracts under agreement.

115.51 - Definitions.

115.52 - Wisconsin Educational Services Program for the Deaf and Hard of Hearing.

115.525 - Wisconsin Center for the Blind and Visually Impaired.

115.53 - State superintendent; powers.

115.54 - Compulsory education.

115.58 - Park grounds.

115.71 - Definitions.

115.72 - Establishment of programs.

115.73 - Program requirements.

115.735 - Parent advisory committee.

115.74 - Assessment of needs and evaluation of resources.

115.745 - Tribal language revitalization grants.

115.758 - Construction.

115.76 - Definitions.

115.762 - Division for learning support.

115.77 - Local educational agency duties.

115.775 - Duties of operators of certain charter schools.

115.777 - Special education referrals.

115.78 - Individualized education program team; timeline.

115.782 - Evaluations.

115.787 - Individualized education programs.

115.79 - Educational placements.

115.791 - Reimbursement for private school placement.

115.7915 - Special Needs Scholarship Program.

115.792 - Procedural safeguards.

115.797 - Mediation.

115.80 - Due process hearings.

115.807 - Transfer of parental rights at age of majority.

115.81 - Children in residential care centers.

115.812 - Placement disputes; school board referrals; interagency cooperation.

115.817 - Children with disabilities education board.

115.82 - Admission and transportation of nonresidents.

115.88 - State aid.

115.881 - Additional special education aid.

115.882 - Payment of state aid.

115.884 - Special education transition grants.

115.885 - Special education transition readiness grant program.

115.897 - Exhaustion of remedies.

115.898 - Rule making.

115.90 - Noncompliance; remedies.

115.91 - Definition.

115.915 - Availability of program services and modifications.

115.92 - Establishment of programs; rules.

115.93 - State aid.

115.95 - Legislative findings and declaration of policy.

115.955 - Definitions.

115.96 - Establishment of programs.

115.97 - Bilingual-bicultural education programs required.

115.977 - Contracting; continued eligibility.

115.98 - Bilingual-bicultural advisory committee.

115.99 - Preschool and summer school programs.

115.991 - Training programs.

115.993 - Report on bilingual-bicultural education.

115.995 - State aids.

115.996 - Report to the legislature.

115.997 - Interstate compact on educational opportunity for military children.

115.999 - Opportunity schools and partnership program.