Section 36.10. Special education.

 

(2)   Not current or missing IEP.

(a)

1. If an application is submitted by a child with a disability who does not have a current IEP, the nonresident school board shall use the following records to determine whether it has the special education program or space:

a. The most recent IEP that was developed for the pupil.

b. If the pupil does not have an IEP or an IEP cannot be located, the most recent special education evaluation conducted for the pupil.

2. If neither an IEP nor an evaluation is available to review, the nonresident school board shall treat the application as an application from a child who is not disabled.

(b) If a nonresident school board approves an application for a pupil without an IEP and it subsequently determines that the pupil is a child with a disability who has been previously evaluated under the special education laws and for whom there is a record of either such special education evaluation or a prior IEP based on such evaluation, the board shall review the pupil's most recent IEP or, if no IEP is available for the pupil, the most recent evaluation. The board shall also do one of the following:

1. Adopt the IEP or provide comparable services until the nonresident school district develops and implements a new IEP. If no IEP is available to review, the board may make a determination based on the special education presumed by the nonresident school board to be required in the most recent special education evaluation of the pupil.

2. Determine that the special education required in the most recent IEP is not available in the nonresident school district or there is no space to provide the special education. If no IEP is available to review, the board may make a determination based on the special education presumed by the nonresident school board to be required in the most recent special education evaluation of the pupil. If the nonresident school board makes such a determination, the nonresident school board may return the pupil to the resident school district pursuant to s. 118.51 (12) , Stats.

(3)   Children who are not yet three.

(a)

1. A child who is not yet 3 years old may submit an application during the regular application period if all of the following apply:

a. The child will be 3 years old on or before the 3rd Friday in September.

b. The child has been found to be eligible for the early intervention program for infants and toddlers with disabilities under 34 CFR 303 , or has been referred for a special education evaluation under s. 115.777 (1) , Stats.

2. A child who will not be 3 years old on or before the 3rd Friday in September may submit an application under the alternative application procedure when the child reaches the age of 3, has been evaluated under s. 115.78 , Stats., and has been found eligible for special education.

(b) A nonresident school board that receives an application from a child who meets the criteria in par. (a) 1. may do one of the following:

1. Approve the application.

2. Deny the application. If the child is subsequently evaluated under s. 115.78 , Stats., and found eligible for special education under subch. V of ch. 115 , Stats., the board may review the IEP and approve the application.

(5)   Requirement to return to resident school district. If notice is provided under s. 118.51 (12) , Stats., the pupil shall be immediately transferred to the resident school district, which shall provide special education to the pupil. If the nonresident and resident school boards agree, they may set a date in the future to transfer the pupil to the resident school district. The nonresident school board shall provide special education to the pupil until the pupil is transferred to the resident school district.

CR 14-021 : cr. Register August 2014 No. 704 , eff. 9-1-14; CR 16-019 : r. (1), am. (2) (a) 1. (intro.), 2., r. (4) Register July 2016 No. 727 , eff. 8-1-16; correction in (2) (b) 2., (5) made under s. 13.92 (4) (b) 7. , Stats., Register July 2016 No. 727 .