The Wisconsin Constitution guarantees a free appropriate public education (FAPE) for all children ages 4 through 20 who have not graduated from high school. Students who are being held in the Waukesha County Jail or Juvenile Center (Waukesha County correctional facilities) are entitled to an education.
If a student is held in one of the Waukesha County correctional facilities but normally resides in another school district, the School District of Waukesha (SDW) is responsible for providing educational services for the student while being held in those facilities. The SDW begins providing educational services for an incarcerated student as soon as the student becomes a resident of one of the Waukesha County correctional facilities.
When the SDW becomes responsible for FAPE it must, in consultation with the child’s parents, provide FAPE to the student, including services comparable to those described in the student’s Individual Education Program (IEP) from the previous school district, until the SDW either:
- Adopts the student’s IEP from the previous district or
- Develops, adopts, and implements a new IEP.
To facilitate the transition of a student who transfers, SDW must take reasonable steps to promptly obtain the student’s records, including the IEP, supporting documents and any other records relating to the provision of special education and related services, from the previous district consistent with federal and state laws.