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Hearings Scheduled on Special Education Rules

Proposed rules to help schools determine children’s need for special education are up for public comment in the next two weeks.

The state Department of Public Instruction has scheduled a series of public hearings on proposed rules setting eligibility criteria for children with disabilities. The intent of the rules is to assist teams that prepare individualized education programs (IEPs) in making an accurate determination of an impairment and need for special education.

The agency says the intent is not to expand the number of children eligible for special education, or to cause the identification rate of children with disabilities to increase.

“Some of the criteria are drastically different than those currently in place,” said WEAC Instruction and Professional Development Director Katie Schultz Stout. “Members need to let the DPI know their opinions of the rules in person or in writing. People directly involved in making assessments should share their experience and knowledge with the agency. They are the ones who can best say whether the criteria will allow teams to appropriately identify student needs.”

The department is asking for comments on whether the proposed rules would result in increased special education rates. Under the proposed rules, an IEP team evaluating a child with a potential disability must:

  • Use more than one procedure to determine whether the child has a disability or to set the appropriate educational program for the child.
  • Decide whether an impairment specified in the rules adversely affects the child’s educational performance, requiring the need for special education and related services for the child.
  • Determine the child’s needs that cannot be met in the regular education setting; modifications that can be made in the regular education program; potential harmful effects if the child does not receive special education; and the need for additions or modifications to the child’s special education and related services in order for the child to meet his or her goals.

The rules also describe eligibility criteria to identify children with cognitive disabilities; visual, hearing, speech and language impairments; specific learning disabilities; and emotional behavioral disabilities.

The hearing schedule:

  • Dec. 7: 3-7 p.m., Portage Public Library.
  • Dec. 8: 3-7 p.m., CESA 6, Oshkosh; and CESA 3, Fennimore.
  • Dec. 9: 3-7 p.m., Western Wisconsin Technical College, La Crosse; and CESA 8, Gillett.
  • Dec 10: 3-7 p.m., Northeast Wisconsin Technical College, Green Bay.
  • Dec. 14: 4-7 p.m., GEF 3 Building, Madison.
  • Dec. 15: 3-7 p.m., Milwaukee Public Schools Administration Building.

Written comments should go to Lori Slausen, administrative rules coordinator, 125 S. Webster St., P.O. Box 7841, Madison, WI 53707 by Dec. 31. The rules are online at www.dpi.state.wi.us/dpi/dlsea/een/doc/eenidea2.doc.

Posted December 4, 1998