Wisconsin Administrative Code
Department of Public Instruction
Chapter PI 36 - Public School Inter-District Open Enrollment
Subchapter III - Full-time Open Enrollment
Section PI 36.10 - Special education
Universal Citation: WI Admin Code ยง PI 36.10
Current through August 26, 2024
(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.
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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