Wisconsin Administrative Code
Department of Public Instruction
Chapter PI 11 - Children With Disabilities
Section PI 11.07 - Transfer pupils
Universal Citation: WI Admin Code ยง PI 11.07
Current through February 26, 2024
(1) DEFINITIONS. In this section "transfer pupil with a disability" means a child with a disability under the IDEA whose residence has changed from an LEA in this state to another LEA in this state or from a public agency in another state to an LEA in this state.
(2) TRANSFER PUPILS WITH DISABILITIES IN WISCONSIN.
(a) The purpose of this subsection
is to ensure that there is no interruption of special education and related
services when a child with a disability transfers from one LEA in this state to
another LEA in this state.
(c) The
receiving LEA shall adopt the IEP of the sending LEA or develop a new IEP. The
receiving LEA may not adopt the evaluation and eligibility determination or the
IEP of the sending LEA if the evaluation and eligibility determination or the
IEP do not meet state and federal requirements.
(d) When an LEA receives a transfer pupil
with a disability and the LEA does not receive the pupil's records from the
sending LEA, the LEA shall request in writing the pupil's records from the
sending LEA. The sending LEA shall transfer the pupil's records to the
receiving LEA within the next working day of receipt of the written notice as
required under s.
118.125(4),
Stats.
(3) TRANSFER PUPILS WITH DISABILITIES FROM OUTSIDE WISCONSIN.
(a) The purpose of this subsection is to
permit an LEA to adopt the most recent evaluation and eligibility determination
and IEP of a transfer pupil with a disability from a public agency in another
state.
(c) The LEA shall adopt the
evaluation and the eligibility determination of the sending public agency or
conduct a new evaluation and eligibility determination of the transfer pupil.
If the LEA decides not to adopt the evaluation and eligibility determination of
the sending public agency, the LEA shall initiate a special education referral
of the child. The LEA shall complete the evaluation and develop an IEP and the
placement in accordance with the requirements of subch. V of ch. 115, Stats.,
within 60 days of the date the child enrolls in the LEA. The LEA shall adopt
the IEP of the sending public agency or develop a new IEP.
(d) The receiving LEA may not adopt the
evaluation and eligibility determination or the IEP of the sending public
agency if the evaluation and eligibility determination or the IEP do not meet
state and federal requirements.
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