Wisconsin Administrative Code
Department of Public Instruction
Chapter PI 11 - Children With Disabilities
Section PI 11.36 - Areas of impairment
Universal Citation: WI Admin Code ยง PI 11.36
Current through August 26, 2024
All provisions in these rules shall be construed consistent with 20 USC 1400 et. seq. and the regulations promulgated thereunder.
(1) INTELLECTUAL DISABILITY.
(a) 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 an intellectual disability if the child meets the criteria under subds.
1., 2., and 3. a. or b. as follows:
1. The
child has 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.
2.
The child has significant limitations in adaptive behavior 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
comprehensive, individual assessments that include interviews of the parents,
tests, and observations of the child in adaptive behavior which are relevant to
the child's age, including at least one of the following:
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.
3.
a. 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 the following areas:
language development and communication, cognition and general
knowledge.
b. 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 the
following areas: written language, reading, and mathematics.
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
September 1, 2015, and continues to demonstrate a need for special education
under s. PI 11.35, including specially designed instruction, is a child with a
disability under this section.
(2) ORTHOPEDIC IMPAIRMENT.
(a) Orthopedic impairment means a severe
orthopedic impairment that adversely affects a child's educational performance.
The term includes, but is not limited to, impairments caused by congenital
anomaly, such as a clubfoot or absence of some member; impairments caused by
disease, such as poliomyelitis or bone tuberculosis; and impairments from other
causes, such as cerebral palsy, amputations, and fractures or burns that cause
contractures.
(b) Upon
re-evaluation, a child who met initial identification criteria and continues to
demonstrate a need for special education under s. PI 11.35, including specially
designed instruction, is a child with a disability under this
subsection.
(3) BLIND AND VISUALLY IMPAIRED.
(a) Blind and visually
impaired means even after correction a child's visual functioning adversely
affects educational performance. The IEP team may identify a child as blind and
visually impaired after all of the following events occur:
1. A teacher of the blind and visually
impaired licensed under s. PI 34.051 conducts a functional vision evaluation
which includes a review of medical information from an ophthalmologist or
optometrist, formal and informal tests of visual functioning, and a
determination of the implications of the blindness or visual impairment on the
educational and curricular needs of the child.
2. An orientation and mobility specialist
licensed under s. PI 34.089 evaluates the child to determine if there are
related orientation and mobility needs in home, school, or community
environments. A child may meet the criteria under this subdivision even if they
do not have orientation and mobility needs.
(b) Upon re-evaluation, a child who met
initial identification criteria and continues to demonstrate a need for special
education under s. PI 11.35, including specially designed instruction, is a
child with a disability under this section.
(4) DEAF AND HARD OF HEARING.
(a) Deaf and hard of hearing means a
decreased ability to detect sound in one or both ears with or without
amplification, whether permanent or chronically fluctuating, which adversely
affects a child's educational performance. This includes academic performance,
speech perception, speech production, or communication including language
acquisition or expression. A current evaluation by an audiologist licensed
under ch. 459, Stats., shall be one of the components for an initial evaluation
of a child with suspected hearing loss. A teacher of the deaf or hard of
hearing licensed under s. PI 34.050 must be a member of the IEP team when
determining eligibility.
(b) Upon
re-evaluation, a child who met initial identification criteria and continues to
demonstrate a need for special education under s. PI 11.35, including specially
designed instruction, is a child with a disability under this
section.
(4m) DEAFBLIND.
(a) Deafblind means concomitantly deaf or
hard of hearing and blind or visually impaired, the combination of which causes
severe communication and other developmental and educational needs such that
the individual disability-related needs of the student extend beyond the
instruction and supports required for a student who is solely deaf or hard of
hearing or blind or visually impaired.
(b) Upon re-evaluation, a child who met
initial identification criteria and continues to demonstrate a need for special
education under s. PI 11.35, including specially designed instruction, is a
child with a disability under this section.
(5) SPEECH OR LANGUAGE IMPAIRMENT.
(a) In this subsection:
1. "Home languages" mean the languages used
by the child or the parent of the child in their natural environment, or the
modes of communication that are used by the child or the parent of the child in
their natural environment, and may include languages other than English, sign
language, braille, or augmentative and alternative communication.
2. "Natural environment" means settings that
are natural or typical for a same-aged child without a disability and may
include school, home, or community.
3. "Significant discrepancy" means
performance on a norm-referenced assessment that meets the cutoff score for a
speech or language disorder and is significantly below age- or grade-level
expectations relative to a normative sample, often reported as a percentile or
standard score.
4. "Speech or
language impairment" means an impairment of speech or sound production, voice,
fluency, or language that adversely affects educational performance or social,
emotional or vocational development.
(am) Assessments and other evaluation
materials used to conduct a comprehensive evaluation of a child's speech and
language development shall be provided and administered in the child's home
languages. Assessments and other evaluation materials shall be in the form most
likely to yield accurate information unless it is not feasible to do so, and
shall describe the child's speech and language abilities and how those
abilities impact the child's progress in the general education environment
relative to the speech and language demands of the classroom and curriculum.
Interpretation of assessments shall be based on the representativeness of the
normative sample and the psychometric properties of the assessment.
(b) The IEP team may identify a child as
having a speech or language impairment if the child meets the definition under
par. (a) and meets any of the following criteria:
1. Following consideration of the child's
age, culture, language background, and dialect, the child meets all of the
following conditions for a speech sound disorder:
a. The child's speech sound production is
documented to be delayed, as evidenced through at least one observation in a
natural environment.
b. The child's
speech sound production is documented to be delayed, as measured by a
criterion-referenced assessment, such as a developmental scale or a phonetic
inventory, or significant discrepancy in performance from typical on a
norm-referenced assessment.
c. The
child's intelligibility is below the expected range and not due to influences
of home languages or dialect. Intelligibility ratings as documented by school
staff or caregivers indicate an impact across environments.
d. Speech sound production is less than 30%
stimulable for incorrect sounds.
2. Following consideration of the child's
age, culture, language background, or dialect, the child demonstrates the
characteristics of a phonological disorder, which include both of the
following:
a. The child's intelligibility is
below the expected range and not due to influences of home languages or
dialect. Intelligibility ratings as documented by school staff or caregivers
indicate an impact across environments.
b. The child's phonological process use is
documented to be non-developmental or outside of the expected developmental
range, as evidenced through at least one observation in a natural environment,
and by measurement of either the presence of one or more phonological processes
occurring at least 40%, significant discrepancy in performance from typical on
a norm-referenced assessment, or both.
3. The child's voice is impaired in the
absence of an acute, respiratory virus or infection and not due to temporary
physical factors such as allergies, short term vocal abuse, or puberty.
Following consideration of the child's age, culture, language background, or
dialect, the child demonstrates characteristics of a voice impairment, which
include any of the following:
a. The child's
vocal volume, including loudness.
b. The child's vocal pitch, including range,
inflection, or appropriateness.
c.
The child's vocal quality, including breathiness, hoarseness, or
harshness.
d. The child's vocal
resonance, including hypernasality.
4. The child exhibits characteristics of a
fluency disorder, following consideration of the child's age, language
background, culture, and dialect. The evaluation shall include a variety of
measures, including case history, observation in natural environment,
norm-referenced assessment or disfluency analysis, and result in evidence of
atypical fluency. The presence of one or more of the following characteristics
shall indicate a fluency disorder:
a. Speech
disfluencies associated with stuttering or atypical disfluency, which include
repetitions of phrases, words, syllables, and sounds or dysrhythmic phonations
such as prolongations of sounds or blockages of airflow typically in excess of
2% of total syllables, one second of duration, and two or more iterations in a
repetition. Non-verbal physical movements, such as eye blinking or head
jerking, may accompany the stuttering. Negative feelings about oral
communication may be significant enough to result in avoidance behaviors in an
attempt to hide or diminish stuttering.
b. A speech rate that is documented to be
rapid, irregular, or both and may be accompanied by sound or syllable
omissions, sequencing errors, or a high number of non-stuttering speech
disfluencies such as interjections, phrase and whole word repetitions, and
revisions. The resulting speech fluency pattern is considered to be
significantly disruptive to efficient communication. Negative feelings and
attitudes about oral communication may or may not be present under this
disfluency profile.
5.
Following consideration of the child's age, culture, language background, or
dialect, the child demonstrates a language impairment in the area of language
form, content or use, as evidenced through an observation in a natural
environment and by measurement of at least two of the following:
a. Language sample analysis.
b. Dynamic assessment.
c. Developmental scales or another
criterion-referenced assessment.
d.
Significant discrepancy from typical language skills on a norm-referenced
assessment of comprehensive language.
(c) The IEP team may not identify a child as
a child with speech or language impairment when differences in speech or
language are based on home languages, culture, or dialect unless the child has
a speech or language impairment within the child's home languages, culture, or
dialect. In determining whether the child has a speech or language impairment,
the IEP team shall consider all of the following:
1. The child's background knowledge, stage of
language acquisition, experience with narratives, and exposure to vocabulary to
discern speech or language ability from speech or language difference, such as
differences due to lack of exposure, stage of language acquisition, cultural or
behavioral expectations.
2. Based
on information and data collected, the IEP team must determine whether the
child's speech or language skills are a result of a speech or language
impairment or a difference due to culture, language background, or
dialect.
(d) In addition
to the evaluations under pars. (am) to (c), the IEP team shall evaluate a
child's language by assessing the child's augmentative and alternative
communication skills, when appropriate to determine the child's
needs.
(e) An IEP team shall
include the following:
1. A speech-language
pathologist licensed under ch. PI 34 who shall incorporate information from the
most recent assessment to assist the IEP team in documenting whether the child
meets the criteria for a speech or language impairment as well as identifying
the child's speech or language needs.
2. An educator with foundational knowledge in
first and second language instruction and second language acquisition if the
child is identified as an English Learner under
20
USC 7801(20).
(f) Upon re-evaluation, a child
who met initial identification criteria and continues to demonstrate a need for
special education under s. PI 11.35, including specially designed instruction,
is a child with a disability under this section.
(6) SPECIFIC LEARNING DISABILITY.
(a) Specific learning disability, pursuant to
s.
115.76(5) (a) 10., Stats., means a disorder in one or
more of the basic psychological processes involved in understanding or using
language, spoken or written, that may manifest itself in an imperfect ability
to listen, think, speak, read, write, spell or perform mathematical
calculations, including conditions such as perceptual disabilities, brain
injury, minimal brain dysfunction, dyslexia and developmental aphasia. The term
does not include learning problems that are primarily the result of visual,
hearing, motor disabilities, cognitive disabilities, emotional disturbance,
cultural factors, environmental, or economic disadvantage.
(b) The LEA shall promptly request parental
consent to evaluate a child to determine if the child needs special education
and related services if, prior to referral, the child has not made adequate
progress after an appropriate period of time when provided appropriate
instruction in general education settings, delivered by qualified personnel, or
whenever the child is referred for an evaluation. The LEA shall meet the
timeframes under s.
115.78(3) (a), Stats., unless extended by mutual
written agreement of the child's parents and IEP team.
(c) The IEP team may identify a child as
having a specific learning disability if both of the following apply:
1. 'Inadequate classroom achievement.' Upon
initial identification the child does not achieve adequately for his or her
age, or meet state-approved grade-level standards in one or more of the
following eight areas of potential specific learning disabilities when provided
with learning experiences and instruction appropriate for the child's age: oral
expression, listening comprehension, written expression, basic reading skill,
reading fluency skills, reading comprehension, mathematics calculation, and
mathematics problem solving. A child's achievement is inadequate when the
child's score, after intensive intervention, on one or more assessments of
achievement is equal to or more than 1.25 standard deviations below the mean in
one or more of the eight areas of potential specific learning disabilities.
Assessments used under this subdivision shall be individually administered,
norm-referenced, valid, reliable, and diagnostic of impairment in the area of
potential specific learning disabilities. The 1.25 standard deviation
requirement under this subdivision may not be used if the IEP team determines
that the child cannot attain valid and reliable standard scores for academic
achievement because of the child's test behavior, the child's language
proficiency, an impairment of the child that interferes with the attainment of
valid and reliable scores, or the absence of individually administered,
norm-referenced, standardized, valid and reliable diagnostic assessments of
achievement appropriate for the child's age. If the IEP team makes such a
determination, it shall document the reasons why it was not appropriate to
consider standardized achievement testing, and shall document that inadequate
classroom achievement exists in at least one of the eight areas of potential
specific learning disabilities using other empirical evidence. The IEP team may
consider scores within 1 standard error of the measurement of the 1.25 standard
deviation criterion above to meet the inadequate classroom achievement criteria
under this subdivision if the IEP team determines the child meets all other
criteria.
2. 'Insufficient
progress.' Upon evaluation, the child has made insufficient progress in one of
the following areas:
a. Insufficient response
to intensive, scientific, research-based or evidence-based intervention. The
child does not make sufficient progress to meet age or state-approved
grade-level standards in one or more of the eight areas of potential specific
learning disabilities under subd. 1. when using a process based on the child's
response to intensive scientific, research-based or evidence-based
interventions. Intensive interventions may be implemented prior to referral, or
as part of an evaluation, for specific learning disability. The IEP team shall
consider progress monitoring data from at least two intensive, scientific,
research-based or evidence-based interventions, implemented with adequate
fidelity and closely aligned to individual student learning needs. The median
score of three probes is required to establish a stable baseline data point for
progress monitoring. IEP teams shall use weekly or more frequent progress
monitoring to evaluate rate of progress during intensive, scientific,
research-based or evidence-based interventions. Rate of progress during
intensive intervention is insufficient when any of the following are true: the
rate of progress of the referred child is the same or less than that of his or
her same-age peers; the referred child's rate of progress is greater than that
of his or her same-age peers but will not result in the referred child reaching
the average range of his or her same-age peer's achievement for that area of
potential disability in a reasonable period of time; or the referred child's
rate of progress is greater than that of his or her same-age peers, but the
intensity of the resources necessary to obtain this rate of progress cannot be
maintained in general education. If an LEA uses insufficient response to
intensive, scientific, research-based or evidence-based intervention under this
subdivision paragraph for any child being evaluated for specific learning
disabilities enrolled in a school, the LEA shall use insufficient response to
intensive, scientific, research-based or evidence-based intervention for all
such evaluations of children enrolled in that school. At least ten days in
advance of beginning to use insufficient response to intensive, scientific,
research-based or evidence-based intervention in a school, the LEA shall notify
parents of all children enrolled in that school of the intent to use
insufficient response to intensive, scientific, research-based or
evidence-based intervention.
b.
Significant discrepancy or insufficient progress in achievement as compared to
measured ability. The method set out in this subd. 2. b. may be used only to
evaluate a child attending a private school or participating in a home-based
private educational program. A parent of a child attending a private school or
participating in a home-based private educational program may request the IEP
team to use the method set out in this subd. 2. b. Upon such request, the IEP
team shall consider whether use of the method set out in this subd. 2. b. to
evaluate the child is feasible. If the IEP team determines that it is not
feasible to use the method set out in this subd. 2. b., the reason for that
determination shall be provided to the parent in writing. The method set out in
this subd. 2. b. shall not be used to evaluate a child attending a public
school, including a public charter school. Upon initial evaluation the child
exhibits a significant discrepancy between the child's academic achievement in
any of the eight areas of potential specific learning disabilities under subd.
1. and intellectual ability as documented by the child's composite score on a
multiple score instrument or the child's score on a single score instrument.
The IEP team may base a determination of significant discrepancy only upon the
results of individually administered, norm-referenced, valid and reliable
diagnostic assessment of achievement. A significant discrepancy means a
difference between standard scores for ability and achievement equal to or
greater than 1.75 standard errors of the estimate below expected achievement,
using a standard regression procedure that accounts for the correlation between
ability and achievement measures. This regression procedure shall be used
except when the IEP team determines that the child cannot attain valid and
reliable standard scores for intellectual ability or achievement because of the
child's test behavior, the child's language, another impairment of the child
that interferes with the attainment of valid and reliable scores or the absence
of valid and reliable standardized, diagnostic tests appropriate for the
child's age. If the IEP team makes such a determination, it shall document the
reasons why it was not appropriate to use the regression procedure and shall
document that a significant discrepancy exists, including documentation of a
variable pattern of achievement or ability, in at least one of the eight areas
of potential specific learning disabilities under subd. 1. using other
empirical evidence. If the discrepancy between the child's ability and
achievement approaches but does not reach the 1.75 standard error of the
estimate cut-off for this subd. 2. b., the child's performance in any of the
eight areas of potential specific learning disabilities under subd. 1. is
variable, and the IEP team determines that the child meets all other criteria
under subd. 1., the IEP team may consider that a significant discrepancy
exists.
Note: Appendix A includes a resource for manually calculating significant discrepancy scores.
(d)
1. The IEP team may not identify a child as
having a specific learning disability if it determines that any of the
following apply:
a. The IEP team's findings
under par. (c) are primarily due to environmental or economic disadvantage;
cultural factors; or any of the reasons specified under s.
115.782(3) (a), Stats., or any of the impairments under
s.
115.76(5),
Stats., except s.
115.76(5) (a) 10., Stats.
b. The IEP team's findings under par. (c)
were due to a lack of appropriate instruction in the area of potential specific
learning disability in par. (c) 1.
2. The IEP team shall consider data
demonstrating that prior to, or as a part of, an evaluation, the child was
provided appropriate instruction in general education settings, delivered by
qualified personnel. Appropriate instruction in reading shall include the
essential components of reading instruction as defined in 20 USC 6368(3).
3. In addition to the
requirements for IEP team membership under s.
115.78,
Stats., the IEP team for children being evaluated for specific learning
disabilities shall include all of the following members:
a. At least one licensed person who is
qualified to assess data on individual rate of progress using a
psychometrically valid and reliable methodology. A psychometrically valid and
reliable methodology relies on all data sources specified in par. (g).,
analyzing progress monitoring data that exhibit adequate statistical accuracy
for the purpose of identification of insufficient progress as compared to a
national sample of same-age peers.
b. At least one licensed person who has
implemented scientific, research-based or evidence-based, intensive
interventions with the referred pupil.
c. At least one licensed person who is
qualified to conduct individual diagnostic evaluations of children.
d. The child's licensed general education
teacher; or if the child does not have a licensed general education classroom
teacher, a general education classroom teacher licensed to teach a child of the
same age; or for a child of less than school age, an individual licensed to
teach a child of the same age.
(e)
1. The
LEA shall ensure that the child is systematically observed in the child's
learning environment, including the general classroom setting when possible, to
document the child's academic performance and behavior in any of the eight
areas of potential specific learning disabilities under par. (c) 1.
2.
a. The
IEP team, in determining whether a child has a specific learning disability,
shall use information from a systematic observation conducted by a member of
the IEP team.
b. The systematic
observation of routine classroom instruction and monitoring of the child's
performance in at least one of the eight areas of potential specific learning
disabilities under par. (c) 1., may be conducted before the child was referred
for evaluation, or the systematic observation of the child's academic
performance in at least one of the eight areas of potential specific learning
disabilities under par. (c) 1., shall be conducted after the child has been
referred for an evaluation and parental consent is obtained.
c. If the child is less than school age or
out of school, at least one member of the IEP team shall conduct a systematic
observation of the child in an environment appropriate for a child of that
age.
d. If the child has
participated in a process that assesses the child's response to intensive
scientific, research-based or evidence-based interventions, the IEP team shall
use information from a systematic observation of pupil behavior and performance
in the area or areas of potential specific learning disability during intensive
intervention for that area, conducted by an individual who is not responsible
for implementing the interventions with the referred pupil.
3. Each IEP team member shall
certify in writing whether the evaluation report reflects the member's
conclusion. If it does not reflect the member's conclusion, the group member
shall submit a separate statement presenting the member's conclusion.
4. A child determined to be eligible for
special education and related services under this chapter remains eligible for
special education and related services upon transfer to another school or LEA.
The child continues to be eligible for special education and related services
unless, upon re-evaluation, the child is no longer found eligible.
(f) For a child suspected of
having a specific learning disability, the documentation of the determination
of eligibility shall contain a statement including all of the following:
1. Whether the child has a specific learning
disability.
2. The basis for making
the determination, including an assurance that the determination has been made
in accordance with s.
115.782,
Stats.
3. The relevant behavior, if
any, noted during the observation of the child and the relationship of that
behavior to the child's academic functioning in the area of potential learning
disability in par. (c) 1.
4.
Documentation that the intensive intervention was applied in a manner highly
consistent with its design, was closely aligned to pupil need, and was
culturally appropriate.
5. The
educationally relevant medical findings, if any.
6. Whether the child does not achieve
adequately for the child's age or to meet state-approved grade-level standards
consistent with par. (c) 1.; and the child does not make sufficient progress to
meet age or state-approved grade-level standards consistent with par. (c) 2.
a.; or until three years after December 1, 2010, the child exhibits a
significant discrepancy between the child's academic achievement in any of the
eight areas of potential specific learning disabilities under par. (c) 1. and
intellectual ability consistent with par. (c) 2. b.
7. The determination of the IEP team
concerning the effects of a visual, hearing, or motor disability; cognitive
disability; emotional disturbance; cultural factors; environmental or economic
disadvantage; or limited English proficiency on the child's achievement
level.
8. If the child has
participated in a process that assesses the child's response to scientific,
research-based or evidence-based intervention, documentation that the child's
parents were notified about all of the following:
a. The progress monitoring data
collected.
b. Strategies for
increasing the child's rate of learning including the intensive interventions
used.
c. The parents' right to
request an evaluation.
(g) In addition to all other determinations,
the IEP team shall base its decision of whether a child has a specific learning
disability on a comprehensive evaluation using formal and informal assessment
data regarding academic achievement and learning behavior from sources such as
standardized tests, error analysis, criterion referenced measures,
curriculum-based assessments, pupil work samples, interviews, systematic
observations, analysis of the child's response to previous interventions, and
analysis of classroom expectations, and curriculum in accordance with s.
115.782,
Stats.
(h) Upon re-evaluation, a
child who met initial identification criteria and continues to demonstrate a
need for special education under s. PI 11.35, including specially designed
instruction, is a child with a disability under this section, unless the
provisions under par. (d) 1. now apply. If a child with a specific learning
disability performs to generally accepted expectations in the general education
classroom without specially designed instruction, the IEP team shall determine
whether the child is no longer a child with a disability.
(7) EMOTIONAL BEHAVIORAL DISABILITY.
(a) Emotional behavioral disability, pursuant
to s.
115.76(5) (a) 5, Stats., means a condition in which a child
demonstrates frequent and intense observable behaviors, either over a long
period of time or of sudden onset due to an emerging mental health condition
which includes a diagnosis by a licensed mental health professional, which
adversely affects the child's educational performance. The behaviors shall
occur in an academic setting in school, in a non-academic setting in school and
in the child's home or community.
(b) The IEP team may identify a child as
having an emotional behavioral disability under par. (a) if the child exhibits
at least one of the following:
1. Behaviors
that interfere with the development and maintenance of age and grade
appropriate interpersonal relationships.
2. Observable affective or behavioral
responses during routine daily activities inconsistent with the norms of the
child or the child's community.
3.
Pervasive unhappiness, depression or anxiety.
4. Physical symptoms or fears associated with
personal or school problems.
5.
Insufficient progress toward meeting age or grade level academic standards that
cannot be explained by intellectual, sensory, or health factors.
6. Isolation from peers or avoidance of
social interactions impacting the child's access and engagement in
instructional activities.
7.
Patterns of behaviors across settings and individuals presenting risks to the
physical safety of the child or others.
(c) The IEP team shall conduct a
comprehensive evaluation and shall consider current data from all of the
following:
1. The results of evidence-based
positive behavioral interventions implemented within general education
settings.
2. Systematic
observations of the child in both academic and non-academic settings
documenting intensity, frequency, rate or duration of observable target
behaviors, as well as other ecological factors that may be impacting the
child's behavior.
3. Interviews of
the child and parent or family that include gathering information regarding the
child and family's norms and values, as well as other ecological factors that
may impact the child's behavior.
4.
Interviews of the child's teachers that include gathering information regarding
the child's strengths and ecological factors that may impact the child's
behavior.
5. Interview of an LEA
staff member, identified by the child when possible, as having the most
positive or a positive relationship with the child, that includes gathering
information regarding the child's strengths and ecological factors that may
impact the child's behavior. This subdivision does not apply if the LEA staff
member described in this subdivision has already been interviewed under subd.
4.
6. Review of educational
information maintained by the LEA, including health, academic and disciplinary
records.
7. Results of standardized
behavior rating scales, which are normed using nationally representative
samples, from a minimum of 2 sources from school and one source from the home
or community. If only one source from the school is familiar enough with the
student to obtain valid rating scale results, as defined by publisher
recommendations for the individual rating scale, then that shall be documented
in the evaluation report. Nationally normed behavior rating scales shall
include, when available, normative data that reflects the child's background.
If the child's background is not included in the normative data of a
standardized rating scale used, the evaluation report shall include an
explanation.
(d) The IEP
team shall consider the effects of any known history of trauma or mental health
disorder on the child's functioning. The IEP team may not identify or refuse to
identify a child as a child with an emotional behavioral disability based
solely on a known history of trauma or mental health disorder.
(e) The IEP team shall discuss and determine,
based on information and data collected in par. (c), whether behaviors are a
result of a difference between the norms of the child's family and community or
an emotional behavioral disability. The IEP team may not identify a child as a
child with an emotional behavioral disability when there is evidence that the
difference is the primary causal factor of the behaviors.
(f) The IEP team for a child being evaluated
for emotional behavioral disabilities may include the LEA staff member,
identified by the child when possible, as having a positive or the most
positive relationship with the child.
(8) AUTISM.
(a) Autism means a developmental disability
significantly affecting a child's social interaction and verbal and nonverbal
communication, generally evident before age 3, that adversely affects learning
and educational performance. Other characteristics often associated with autism
are engagement in repetitive activities and stereotyped movements, resistance
to environmental change or change in daily routines, and unusual responses to
sensory experiences. The term does not apply if a child's educational
performance is adversely affected primarily because the child has an emotional
disturbance, as defined in sub. (7).
(b) The results of standardized or
norm-referenced instruments used to evaluate and identify a child under this
paragraph may not be reliable or valid. Therefore, alternative means of
evaluation, such as criterion-referenced assessments, achievement assessments,
observation, and work samples, shall be considered to identify a child under
this paragraph. Augmentative communication strategies, such as facilitated
communication, picture boards, or signing shall be considered when evaluating a
child under this paragraph. To identify a child under this paragraph, the
criteria under subds.
1. and 2. and one or
more criteria under subds. 3. through 6. shall be met.
1. The child displays difficulties or
differences or both in interacting with people and events. The child may be
unable to establish and maintain reciprocal relationships with people. The
child may seek consistency in environmental events to the point of exhibiting
rigidity in routines.
2. The child
displays problems which extend beyond speech and language to other aspects of
social communication, both receptively and expressively. The child's verbal
language may be absent or, if present, lacks the usual communicative form which
may involve deviance or delay or both. The child may have a speech or language
disorder or both in addition to communication difficulties associated with
autism.
3. The child exhibits
delays, arrests, or regressions in motor, sensory, social or learning skills.
The child may exhibit precocious or advanced skill development, while other
skills may develop at normal or extremely depressed rates. The child may not
follow normal developmental patterns in the acquisition of skills.
4. The child exhibits abnormalities in the
thinking process and in generalizing. The child exhibits strengths in concrete
thinking while difficulties are demonstrated in abstract thinking, awareness
and judgment. Perseverant thinking and impaired ability to process symbolic
information may be present.
5. The
child exhibits unusual, inconsistent, repetitive or unconventional responses to
sounds, sights, smells, tastes, touch or movement. The child may have a visual
or hearing impairment or both in addition to sensory processing difficulties
associated with autism.
6. The
child displays marked distress over changes, insistence on following routines,
and a persistent preoccupation with or attachment to objects. The child's
capacity to use objects in an age- appropriate or functional manner may be
absent, arrested or delayed. The child may have difficulty displaying a range
of interests or imaginative activities or both. The child may exhibit
stereotyped body movements.
(9) TRAUMATIC BRAIN INJURY.
(a) Traumatic brain injury means an acquired
injury to the brain caused by an external physical force resulting in total or
partial functional disability or psychosocial impairment, or both, that
adversely affects a child's educational performance. The term applies to open
or closed head injuries resulting in impairments in one or more areas, such as
cognition; speech and language; memory; attention; reasoning; abstract
thinking; communication; judgment; problem solving; sensory, perceptual and
motor abilities; psychosocial behavior; physical functions; information
processing; and executive functions, such as organizing, evaluating and
carrying out goal-directed activities. The term does not apply to brain
injuries that are congenital or degenerative, or brain injuries induced by
birth trauma.
(b) Children whose
educational performance is adversely affected as a result of acquired injuries
to the brain caused by internal occurrences, such as vascular accidents,
infections, anoxia, tumors, metabolic disorders and the effects of toxic
substances or degenerative conditions may meet the criteria of one of the other
impairments under this section.
(c)
The results of standardized and norm-referenced instruments used to evaluate
and identify a child under this paragraph may not be reliable or valid.
Therefore, alternative means of evaluation, such as criterion-referenced
assessment, achievement assessment, observation, work samples, and
neuropsychological assessment data, shall be considered to identify a child who
exhibits total or partial functional disability or psychosocial impairment in
one or more of the areas described under par. (a).
(d) Before a child may be identified under
this subsection, available medical information from a licensed physician shall
be considered.
(e) Upon
re-evaluation, a child who met initial identification criteria and continues to
demonstrate a need for special education under s. PI 11.35, including specially
designed instruction, is a child with a disability under this
subsection.
(10) OTHER HEALTH IMPAIRMENT. Other health impairment means having limited strength, vitality or alertness, due to chronic or acute health problems. The term includes but is not limited to a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, leukemia, diabetes, or acquired injuries to the brain caused by internal occurrences or degenerative conditions, which adversely affects a child's educational performance.
(11) Significant Developmental Delay.
(a) Significant developmental delay means
children, ages 3 through 9 years of age, who are experiencing significant
delays in the areas of physical, cognition, communication, social-emotional, or
adaptive development.
(b) All other
suspected impairments under this section shall be considered before identifying
a child's primary impairment as significant developmental delay.
(c) A child may be identified as having
significant developmental delay when delays in development significantly
challenge the child in two or more of the following five major life activities:
1. Physical activity in gross motor skills,
such as the ability to move around and interact with the environment with
appropriate coordination, balance and strength; or fine motor skills, such as
manually controlling and manipulating objects such as toys, drawing utensils,
and other useful objects in the environment.
2. Cognitive activity, such as the ability to
acquire, use and retrieve information as demonstrated by the level of
imitation, discrimination, representation, classification, sequencing, and
problem-solving skills often observed in a child's play.
3. Communication activity in expressive
language, such as the production of age-appropriate content, form and use of
language; or receptive language, such as listening, receiving and understanding
language.
4. Emotional activity
such as the ability to feel and express emotions, and develop a positive sense
of oneself; or social activity, such as interacting with people, developing
friendships with peers, and sustaining bonds with family members and other
significant adults.
5. Adaptive
activity, such as caring for his or her own needs and acquiring independence in
age-appropriate eating, toileting, dressing and hygiene tasks.
(d) Documentation of significant
developmental delays under par. (c) and their detrimental effect upon the
child's daily life shall be based upon qualitative and quantitative measures
including all of the following:
1. A
developmental and basic health history, including results from vision and
hearing screenings and other pertinent information from parents and, if
applicable, other caregivers or service providers.
2. Observation of the child in his or her
daily living environment such as the child's home, with a parent or caregiver,
or an early education or care setting which includes peers who are typically
developing. If observation in these settings is not possible, observation in an
alternative setting is permitted.
3. Results from norm-referenced instruments
shall be used to document significant delays of at least one and one-half
standard deviations below the mean in 2 or more of the developmental areas
which correspond to the major life activities. If it is clearly not appropriate
to use norm-referenced instruments, other instruments, such as criterion
referenced measures, shall be used to document the significant
delays.
(e) Upon
re-evaluation, a child who met initial identification criteria and continues to
demonstrate a need for special education under s. PI 11.35, including specially
designed instruction, is a child with a disability under this subsection. In
conducting the re-evaluation, the IEP team shall consider all other suspected
impairments under this section before continuing to identify the child's
primary impairment as significant developmental delay.
With respect to the eligibility criteria under s. PI 11.36, in September 1991 the U.S. department of education issued a memorandum clarifying state and local responsibilities for addressing the educational needs of children with attention deficit disorder (ADD). (See 18 IDELR 116) as a condition of receipt of federal funds under the Individuals with Disabilities Education Act (IDEA), the state and local school districts are bound to comply with the federal policy outlined in that memo. (See e.g. Metropolitan school district of Wayne Township, Marion County, Indiana v. Davila, 969 F. 2d 485 (7 th cir. 1992)).
Pursuant to that federal policy memo, a child with ADD is neither automatically eligible nor ineligible for special education and related services under ch. 115, Stats. In considering eligibility, an IEP team must determine whether the child diagnosed with ADD has one or more impairments under this section and a need for special education. For example, pursuant to the federal policy memo, a child with ADD may be eligible for special education and related services under ch. 115, Stats., if the child meets the eligibility criteria for "other health impaired" or any other impairment enumerated in this section. In addition, 34 CFR 300.7(c) (9) (i) now specifically lists ADD and attention deficit hyperactivity disorder among the health problems which may result in disability based on other health impairment. A copy of the federal policy may be obtained by writing the Special Education Team, Division for Learning Support: Equity and Advocacy, Department of Public Instruction, P.O. Box 7841, Madison, WI 53707-7841.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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