PROPOSED ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING
PERMANENT RULES
Pursuant to Coyne v. Walker, the Department of Public Instruction is not required to obtain the Governor’s approval for the statement of scope for this rule. Coyne v. Walker, No. 2013AP416, 2015 WL 686178 (Wis. Ct. App. Feb. 19, 2015).
The State Superintendent of Public Instruction hereby propose
s to repeal PI 11.36 (1) (b) 1. b
.,
2
.
a
. to j., and
3.b. (Note)
;
to renumber PI 11.36 (1) (b) 1. a.; to amend PI 11.36 (1) (title), (a),
(b)
(intro
.
),
1.,
2.
(intro
.
), and
3
.
a
. and b.
; and to create PI 11.36 (1) (b) 2.
,
am.
to
dm., and 3.
c
.
and 4.;
relating to
incorporating intellectual disability terminology and concepts.
_____________________________________________________________________________________
ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Statute interpreted:
Subchapter
V of
ch.
115
, Stats.
Statutory authority:
Subchapter
V of
ch.
115
,
Stats.,
and 227.11 (2) (a) (intro), Stats.
Explanation of agency authority:
Under s.
227.11
(2)
(a)
(intro)
, Stats., “
Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation
.” As such, PI 11 is required to effectively implement and provide transparency to the programs involving children with disabilities under Subchapter
V of
ch.
115
, Stats.
Related statute or rule:
None.
Plain language analysis:
This proposed rule change
adjusts
the terminology, definition, and eligibility contained in PI 11.36 (1)
to align with language used in federal law (Rosa’s Law, Pub. L. 111-256) and with the American Association on Intellectual and Developmental Disabilities’ classification manual, Intellectual Disability: Definition, Classification, and Systems of Supports, 11th edition (2010).
In the proposed rule, cognitive disability is changed to intellectual disability to reflect current terminology.
Intellectual disability is defined as significant limitations
in intellectual functioning and significant limitations in adaptive behavior that occur during the developmental period and adversely affect educational performance. Significant limitations in i
ntellectual functioning consist
s
of
a standard score of 2 or more standard deviations below the mean on an individually administered intelligence test which takes into account the child’s mode of communication and is developed to assess intellectual functioning using this mode. More than one intelligence test may be used to produce a comprehensive result.
Significant limitations in adaptive behavior consi
sts of a standard score on adap
tive behavior that is 2 standard deviations or more below the mean for conceptual skills, social skills, practical adaptive skills or the overall composite score of these 3 factors.
These standardized or nationally-normed measures are comprehensive, individual
assessments that
include interviews of the parents and observations of the child in adaptive behavior
relevant to the child's age.
Educational performance is adversely affected in ages 3
through
5 if there is a standard score
that is
2 standard deviations or more below the mean on a measure of
language development
and
communication, cognition, and general knowledge or a standard score
that is
2 standard deviations or more below the mean on a measure of written language, reading, and mathematics
for those
ages
6 to 21
. However, if educational
performance cannot be ass
essed in this manner due to functioning level or age, a standardized developmental scale or body of evidence may be used.
A child continues to qualify as intellectually disabled if the child met the initial identification criteria and continues to demonstrate a need for specially designed instruction.
Summary of, and comparison with, existing or proposed federal regulations:
N/A.
Comparison with rules in adjacent states:
N/A.
Summary of factual data and analytical methodologies:
The language in
s.
PI 11.36
(1)
uses cognitive disability. The term cognitive disability and its definition are not consistent with current means of determining whether someone has an intellectual disability. As a result, cognitive disability
is
changed to intellectual disability and the definition of and determination of an intellectual disability
is
changed to align with the American Association on Intellectual and Development Disabilities’ classification manual, Intellectual Disability: Definition, Classification, and Systems of Supports, 11
th
edition (2010) and to include current terminology used in the Wisconsin Model Early Learning Standards.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
N/A.
Anticipated costs incurred by private sector:
N/A.
Effect on small business:
The proposed rules will have no economic impact on small businesses, as defined in s.
227.114 (1)
, Stats.
Agency contact person:
(including email and telephone)
Carl Bryan
Budget and Policy Analyst
Wisconsin Department of Public Instruction
(608) 267-9127
Place where comments are to be submitted and deadline for submission:
Comments should be submitted to
Carl Bryan
using the contact information above
.
Comments must be submitted no later than 15 days after publication of the Notice of Submittal of Rules to the Legislative Council Rules Clearinghouse in the
Administrative Register
.
The D
epartment will publish a hearing notice in the
Administrative Register
which will provide information on the deadline for the submission of comments.
___________________________________________________________
__________________________
SECTION 1
.
PI 11.36 (1)
(title
), (a) and (b)
(intro
.
)
are amended to read:
(1
)
Cognitive
INTELLECTUAL
DISABILITY.
(a)
Cognitive disability means
significantly
subaverage
intellectual functioning that exists concurrently with deficits in adaptive behavior and
In this subsection, intellectual disability means
significant limitations both in intellectual functioning and in adaptive behavior as expressed in conceptual, social
,
and practical adaptive skills and manifested during the developmental period
that adversely affects
the child’s
educational performance.
(b)
The IEP team may identify a child as having
a cognitive
an intellectual
disabilit
y
if the child meets the criteria under
subds
. 1.
a.
or
b.
,
2.
,
and
3.
a
.
or
b.
as follows:
SECTION 2. PI 11.36 (1) (b) 1.
a
. is renumbered 11.36 (1) (b) 1
.
, and, as renumbered, is amended to read:
1.
T
he child has a standard score of 2 or more standard deviations below the mean on
an
at
least one
individually administered intelligence test
which takes into account the child’s mode of communication and is
developed to assess intellectual functioning
using this mode
.
More than one intelligence test may be used to produce a comprehensive result.
SECTION 3
. PI 11.36 (1) (b) 1.
b
. is repealed.
SECTION
4
. PI 11.36 (1) (b) 2.
(
intro
.
)
is amended to read:
2.
The child has
deficits
significant limitations
in adaptive behavior
as
that
are
demonstrated by a standard score of 2 or more standard deviations below the mean on standardized or nationally-normed measures
,
as measured by c
omprehensive, individual assess
ments that include interviews of the parents, tests, and observations of the child in adaptive behavior which are rele
vant to the child’s age,
such as
in
cluding at least one of the fol
lowing
:
SECTION 5
. PI 11.36 (1) (b) 2.
a
. to j. are
repealed.
SECTION 6
. PI 11.36 (1) (b)
2.
am
.
to
dm. are
created to read:
am
.
Conceptual skills.
bm
.
Social adaptive skills.
cm.
Practical adaptive skills.
dm
.
An overall composite score on a standardized measure of conceptual, social, and practical skills.
SECTION 7
. PI 11.36 (1) (b) 3.
a
. and
b. are amended to read:
a
.
The
Except as provided in
subd
. 3. c., the
child is age 3 through 5 and has a standard score of 2 or more standard deviations below the mean on standardized or nationally-normed measures, as measured by comprehensive, individual assessments, in
at least 2 of
the following areas:
academic readiness, comprehension of language or communication, or motor
skills
language
development and communication
,
cognition and general knowledge
.
b
.
The
Except as provided in
subd
. 3. c., the
child is age 6 through 21 and has a standard score of 2 or more standard deviations below the mean on standardized or nationally-normed measures, as measured by comprehensive, individual assessments, in
general information and at least 2 of
the following areas: written language, reading,
or
and
mathematics.
SECTION 8
. PI 11.36 (1
)(
b) 3. b. (Note) is repealed.
SECTION 9
. PI 11.36 (1) (b) 3.
c
.
and 4.
are
created to read:
c.
When it is determined that reliable and valid assessment results under
subd
. 3. a. or b. are not possible due to the child’s functioning level or age, a standardized developmental scale or a body of evidence including informal measures shall be used to assess the child.
4.
Upon re-evaluation, a child who met identification criteria for cognitive disability prior to the effective date of this rule…[LRB to insert date]…, and continues to demonstrate a need for special education under s.
PI 11.35(2)
, including specially designed instruction, is a child with a disability under this section.
SECTION 10
. EFFECTIVE DATE:
The rules contained in this order shall take effect on the first day of the month commencing after the date of publication in the Wisconsin Administrative Register, as provided in s.
227.22
(2)
(intro.)
, Stats.
