Wisconsin Special Education Requirements
What special education requirements does Wisconsin have beyond federal law?
Wisconsin has several special education requirements that exceed or differ from the federal IDEA baseline. Key Wisconsin-specific provisions: (1) Transition planning begins at age 14, two years earlier than the federal minimum of 16 (Wis. Stat. § 115.787(2)(g); PI 11.09(2)(d)); (2) Two-stage evaluation timeline: 60 days to determine disability + 30 days for IEP meeting from consent (Wis. Stat. § 115.78(3); Wis. Admin. Code PI 11.04(2)); (3) Emotional Behavioral Disability (EBD) requires multi-setting evidence (3 settings) and, for sudden onset, a licensed mental health professional's diagnosis (Wis. Admin. Code PI 11.36(7)); (4) SLD identification uses mandatory RtI with a 1.25 SD threshold; discrepancy model available only for private school students (PI 11.36(6)); (5) Restraint and seclusion governed by Wis. Stat. § 118.305 — locked seclusion prohibited, parent notified within 1 business day, written report within 3 business days; (6) One-party recording consent — parents may record IEP meetings without others' consent (Wis. Stat. § 968.31(2)(c)); (7) Mediation through WSEMS is free, voluntary, must commence within 21 days, and agreements are enforceable in circuit court (Wis. Stat. § 115.797); (8) Wisconsin has 12 regional CESAs (Cooperative Educational Service Agencies) providing shared specialized services (Wis. Stat. § 116.01); (9) Specially designed physical education must be considered for every student with a disability (34 CFR 300.108).
What Wisconsin Requires
Transition planning begins at age 14 — two years earlier than the federal minimum of 16 (Wis. Stat. § 115.787(2)(g); Wis. Admin. Code PI 11.09(2)(d)).
Two-stage evaluation timeline: 60 days for disability determination + 30 days for IEP meeting = 90-day outer limit from consent (Wis. Stat. § 115.78(3); Wis. Admin. Code PI 11.04(2)).
EBD requires behavioral evidence in three settings (academic school, non-academic school, AND home/community); sudden-onset EBD requires a licensed mental health professional diagnosis (Wis. Admin. Code PI 11.36(7)).
SLD uses a mandatory RtI model (1.25 SD threshold after intensive intervention); the discrepancy model is available only for private school students (Wis. Admin. Code PI 11.36(6)).
Restraint/seclusion: locked seclusion expressly prohibited; parent notification within 1 business day; written report delivered within 3 business days (Wis. Stat. § 118.305).
One-party recording consent: parents present at IEP meetings may legally audio-record without consent from district staff (Wis. Stat. § 968.31(2)(c)).
Mediation via WSEMS is voluntary, free, must commence within 21 days of mediator appointment, and agreements are enforceable in Wisconsin circuit court (Wis. Stat. § 115.797).
Wisconsin has 12 CESAs (Cooperative Educational Service Agencies) providing contracted specialized and low-incidence services to member districts (Wis. Stat. § 116.01).
Specially designed physical education must be considered for and made available to every student with a disability (34 CFR 300.108; Wis. Stat. § 115.787).
Key Timelines
60 days from parental consent: disability determination (Wis. Stat. § 115.78(3); PI 11.04(2)).
30 days after disability determination: IEP meeting and placement (Wis. Stat. § 115.78(3)).
Age 14: transition planning and postsecondary goal requirement (Wis. Stat. § 115.787(2)(g)).
1 business day: parent notification after restraint/seclusion incident (Wis. Stat. § 118.305).
3 business days: written restraint/seclusion incident report delivered to parents (Wis. Stat. § 118.305).
21 days: mediation must commence after mediator appointment (Wis. Stat. § 115.797).
60 days from enrollment: out-of-state transfer student evaluation and IEP (Wis. Admin. Code PI 11.07).