The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal Estimate
The department finds that the proposed rule will have no significant fiscal impact.
Effect on small business:
These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency Contact Person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before November 22, 2006 to be included in the record of rule-making proceedings.
TEXT OF RULE
SECTION 1. OT 3.06 (6) and (7) are created to read:
OT 3.06 (6) During the time between initial licensure and commencement of a full 2-year licensure period, new licensees shall not be required to meet continuing education requirements.
(7) A licensee may apply to the board for a postponement or waiver of the requirements of this section on the grounds of prolonged illness, disability, or other grounds constituting hardship. The board shall consider each request individually on its merits and may grant a postponement, partial waiver, or total waiver of the requirements.
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to s.
227.11 (2) (a), Stats., and interpreting s.
115.881, Stats., the Department of Public Instruction will hold a public hearing as follows to consider the creation of Ch.
PI 30, relating to grants for high cost special education. The hearing will be held as follows:
Date and Time Location
November 28, 2006 Madison
4:00 - 6:00 p.m. GEF 3 Building
125 South Webster St.
Room 041
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Sandra Berndt at (608) 266-1785 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
The administrative rule and fiscal note are available on the internet at
http://www.dpi.wi.gov/pb/rulespg.html. A copy of the proposed rule and the fiscal estimate also may be obtained by sending an email request to lori.slauson@ dpi.state.wi.us or by writing to:
Lori Slauson
Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than December 4, 2006, will be given the same consideration as testimony presented at the hearing.
Analysis prepared by the Dept. of Public Instruction
Statute interpreted: s.
115.881, Stats.
Related statute or rule: None.
Explanation of agency authority:
Section
227.11 (2) (a), Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Section
115.881, Stats., is a new grant program created under
2005 Wisconsin Act 25, that provides additional special education aid for high nonadministrative costs.
Because this is a grant program, rules need to be in place so applicants know what criteria are being used in the awarding of funds.
Plain language analysis:
The 2005-07 biennial budget,
2005 Wisconsin Act 25, appropriated $3,500,000 in 2006-07 for a new grant program to provide funds to a school board, board of control of a cooperative educational service agency, county children with disabilities education board, or operator of a charter school established under s.
118.40 (2r), Stats., if the applicant incurred, in the previous school year, more than $30,000 of nonadministrative costs for providing special education and related services to a child and those costs were not eligible for reimbursement under s.
115.88,
115.93, or
118.255,
20 USC 1400 et seq., or federal Medicaid.
Eligible applicants will be required to send the department the total nonadministrative costs incurred in the education of each pupil claimed. The department will then subtract from the reported total nonadministrative cost an average per pupil cost that was reimbursed to the applicants under the federal Individuals with Disabilities Education Act, state special education categorical aid, and federal Medicaid. The department will then multiply that amount that exceeds $30,000 by .90. If funds are insufficient, the department may prorate.
A new rule chapter will be created to specify the grant application requirements and determine aidable costs for the program.
Comparison with federal regulations: Not applicable.
Comparison with rules in adjacent states
Illinois, Minnesota, Iowa, and Michigan do not have administrative rules regarding high cost special education grant programs.
Summary of factual data and analytical methodologies
Children with severe disabilities often need costly nursing services and assistive technology, expenses that are currently not eligible for reimbursement under the special education categorical aid appropriation. This issue has been identified for a number of years as a priority by school districts around the state.
In her State of Education address in September 2003, the State Superintendent announced her Keeping the Promise initiative, designating $1.5 million in federal Individuals with Disabilities Education Act (IDEA) discretionary funding to Wisconsin schools for services to children with severe disabilities, specifically targeting direct services to educate children with high-cost special needs. Ultimately, a total of $2 million was set aside for 2003-04.
Aidable costs under the program include all costs (except administration) related to educating a high-cost student with special educational needs. Costs reimbursed by IDEA flow-through funds, Medicaid and special education categorical aids are deducted. Reimbursement is then calculated at 90 percent of the amount by which the total cost of providing special education and related services to an individual child exceeds $30,000 in the prior year.
In 2003-04, the first year of operation, 115 local education agencies (109 school districts, three CCDEBs and three CESAs) were approved for reimbursement. Eligible claims under the new program totaled $3.4 million for 2003-04. Therefore, payments were prorated at approximately 59 percent. Claims are expected to rise significantly over the next few years.
Discretionary federal IDEA funding provided a means to get this critically needed aid program started in 2003-04 and 2004-05. State funding was requested in the department's 2005-07 biennial budget request and was granted through
2005 Wisconsin Act 25 to continue the program and provide adequate reimbursement to school districts for these costs.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: Not applicable.
Anticipated costs incurred by private sector: Not applicable.
Effect on small business
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Agency contact person
Fiscal Estimate
Under s.
20.255 (2) (bd), Stats.,
2005 Wisconsin Act 25 appropriated $3,500,000 annually beginning in FY07 for a new grant program to provide funds to a school board, board of control of a CESA, county children with disabilities education board, or operator of a charter school, if the applicant incurred, in the previous school year, more than $30,000 of nonadministrative costs for providing special education and related services to a child and those costs are not eligible for reimbursement under s.
115.88,
115.93, or
118.255,
20 USC 1400 et seq., or federal Medicaid.
The proposed rules establish approval criteria for awarding additional special education aid as provided in the statute.
The rules will have no costs to local governments or small businesses.
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s.
227.114 (1) (a), Stats.
Notice of Hearing
Public Service Commission
Hearing Date: Monday, December 4, 2006, 9:00 a.m.
Hearing Location: Public Service Commission, 610 North Whitney Way, Madison, WI
The Public Service Commission of Wisconsin proposes an order to repeal ch.
PSC 118.02 (5), (9), and (10), 118.03 (2) and (3) (a), 118.04 (1) and (2) (a) to (d), and 118.05 (4); to renumber and amend PSC 118.05 (6); to amend PSC 118 (title), 118.01, 118.02 (7), 118.04 (2) (e) and (3), 118.05 (1), (2) (intro.) and (3), and 118.06 (1) and (4) (a); to repeal and recreate PSC 118.02 (13) and 118.06 (2); and to create PSC 118.04 (2) (g) and 118.07; relating to a renewable resource credit tracking program.
Analysis Prepared by the Public Service Commission of Wisconsin
Statute interpreted: s.
196.378, Stats.
2005 Wis. Act 141 (Act 141) modified Wisconsin's renewable portfolio standard (RPS), which prescribes minimum levels of electric energy that public utilities and electric cooperatives must produce from renewable resources for delivery to their customers. The new law sets a specific minimum level for each electric provider, using a baseline of the provider's average renewable energy production for the years 2001, 2002, and 2003:
Years RPS Requirement
2006-2009 Not less than the 2001-2003 baseline percentage
2010-2014 Baseline plus 2 percent
After 2014 Baseline plus 6 percent
Previously, state law had specified a gradually increasing RPS that started with 0.5 percent of retail sales in 2001 and would have risen to 2.2 percent by 2011. Act 141 also changes what is defined as a “renewable facility." Prior law excluded most of the energy from pre-1998 hydroelectric facilities in the state. Act 141 includes all existing renewable generation for the years 2001-2003 to establish the baseline renewable percentage for each electric provider.
If an electric provider delivers more renewable energy to its customers than its RPS requirement from a “new" renewable facility that is placed in service after December 31, 2003, Act 141 allows the electric provider to create renewable resource credits (RRCs) that can be sold or saved for up to four years for future use. RRCs were also created under prior law, but Act 141 specifies that these old RRCs will expire on December 31, 2011. The proposed rules incorporate these changes in state law and establish an RRC tracking program, which can be either statewide or a multi-state, regional program. The proposed rules also identify the responsibilities of the program administrator, who must establish and operate a system that creates an account for each renewable generation facility, each electric provider, and any wholesale supplier that acts as an aggregator for its members or customers. In addition, the tracking system will record the amount of electricity each renewable facility in the area produces, will issue a certificate for every RRC, and will track RRCs from their creation until an electric provider uses them to meet its RPS or otherwise retires them. The proposed rules give the program administrator authority to audit the records of participating renewable generators and to perform any other function the Public Service Commission may designate.
Initial Regulatory Flexibility Analysis
The rule will have no effect on small business.
TEXT OF PROPOSED RULE
The text of the proposed rule is set forth as Attachment A.
Fiscal Estimate
The proposed rule changes allow for the establishment of a regional renewable credit tracking system and other changes required by
WI Act 141 laws of 2005. There are no additional costs to state or local government as a result of these changes.
NOTICE IS GIVEN that pursuant to s.
227.16 (2) (b), Stats., the Commission will hold a public hearing on these proposed rule changes in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, on
Monday, December 4, 2006, at 9:00 a.m. This building is accessible to people in wheelchairs through the Whitney Way (lobby) entrance. Handicapped parking is available on the south side of the building.
Written Comments
Any person may submit written comments on these proposed rules. The hearing record will remain open for written comments from the public until December 13, 2006. All written comments must include a reference on the filing to docket 1-AC-221. File by one mode only.
Industry: File comments using the Electronic Regulatory Filing system. This may be accessed from the Commission's website psc.wi.gov.
Members of the Public:
If filing electronically: Use the Public Comments system or the Electronic Regulatory Filing system. Both of these may be accessed from the Commission's website psc.wi.gov.
