Wis. Stat. § 115.787 — WI Code / Chapter 115 / Section 115.787
Section 115.787
Status: in_force

(3) Development.

(a) In developing each child’s individualized education program, the individualized education program team shall consider the strengths of the child, the concerns of the child’s parents for enhancing the education of their child, the results of the initial evaluation or most recent reevaluation of the child, and the academic, developmental, and functional needs of the child.

(b) The individualized education program team shall do all of the following:

1. In the case of a child whose behavior impedes his or her learning or that of others, consider the use of positive behavioral interventions and supports and other strategies to address that behavior.

2. In the case of a child with limited English proficiency, consider the language needs of the child as such needs relate to the child’s individualized education program.

3. In the case of a child who is visually impaired, provide for instruction in Braille and the use of Braille unless the individualized education program team determines, after an evaluation of the child’s reading and writing skills, needs and appropriate reading and writing media, including an evaluation of the child’s future needs for instruction in Braille or the use of Braille, that instruction in Braille or the use of Braille is not appropriate for the child.

4. Consider the communication needs of the child, and, in the case of a child who is hearing impaired, consider the child’s language and communication needs, opportunities for direct communications with peers and professional personnel in the child’s language and communication mode, academic level and full range of needs, including opportunities for direct instruction in the child’s language and communication mode.

5. Consider whether the child requires assistive technology devices and services.

(c) The regular education teacher of the child, as a participant on the individualized education program team, shall, to the extent appropriate, participate in the development of the individualized education program of the child, including the determination of appropriate positive behavioral interventions and supports and other strategies and the determination of supplementary aids and services, program modifications and support for school personnel.

(e) The local educational agency shall give a copy of the child’s individualized education program to the child’s parents with the notice of placement under s. 115.792 (2) .

(4) Review and revision.

(a) The individualized education program team shall do all of the following:

1. Review the child’s individualized education program periodically, but at least annually, to determine whether the annual goals for the child are being achieved.

2. Revise the individualized education program as appropriate to address all of the following:

a. Any lack of expected progress toward the annual goals and in the general curriculum.

b. The results of any reevaluation conducted under s. 115.782 .

c. Information about the child provided to or by the child’s parents, as described in s. 115.782 .

d. The child’s anticipated needs.

e. Other matters.

(b) The regular education teacher of the child, as a participant on the individualized education program team, shall, to the extent appropriate, participate in the review and revision of the individualized education program of the child.

(c) After the annual individualized education program meeting for a school year, the entire individualized education program team may make changes to the child’s individualized education program, or the child’s parent and the local educational agency may agree not to convene an individualized education program team meeting for the purpose of making changes to the child’s individualized education program. If the child’s parent and the local educational agency agree not to convene an individualized education program team meeting, they shall instead develop a written document to modify the child’s current individualized education program. The local educational agency shall give the child’s parent a copy of the child’s revised individualized education program.

(5) Failure to meet transition objectives. If a participating agency, other than the local educational agency, fails to provide transition services in accordance with sub. (2) (g) , the local educational agency shall reconvene the individualized education program team to identify alternative strategies to meet the transition objectives for the child set out in the individualized education program.

(6) Children with disabilities in state prisons.

(a)

1. The requirements relating to participation of children with disabilities in general assessments under sub. (2) (e) do not apply to a child with a disability who is convicted of a crime under state law and incarcerated in a state prison.

2. The requirements relating to transition planning and transition services under sub. (2) (g) 1. and 2. do not apply with respect to a child with a disability who is convicted of a crime under state law and incarcerated in a state prison and whose eligibility under this subchapter will end, because of his or her age, before he or she will be released from prison.

(b) If a child with a disability is convicted of a crime and incarcerated in a state prison, the child’s individualized education program team may modify the child’s individualized education program or placement notwithstanding the requirements of sub. (1) and s. 115.79 (1) (a) if the department of corrections has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

(7) Construction. Nothing in this section requires the individualized education program team to include information under one component of a child’s individualized education program that is already contained under another component of the individualized education program or requires that additional information be included in a child’s individualized education program beyond what is explicitly required by this section.

History: 1997 a. 164 ; 1999 a. 117 ; 2005 a. 258 ; 2011 a. 125 , 156 ; 2015 a. 212 ; 2019 a. 118 .