Rule-Making Notices (Hearing Notices)

Minnesota:

Allows licensees issued a license for a period of not less than two years to prorate the number of contact hours required for renewal based on the number of months licensed. A waiver is allowed for extreme hardship. The waiver must be in writing and must state alternative measures if a waiver is granted. A written response to the request specifies the time limitation and required alternative measures, which must be equivalent of the continuing education being waived.

Illinois:

Compliance is not required in the initial cycle of licensure. Waivers may be granted for good cause, which is comprised of military service or hardship, i.e., an incapacitating illness, physical inability to travel to sites of approved programs, or similar extenuating circumstances.

Iowa:

Exemption is allowed for first time licensees at the first renewal. An automatic exemption is allowed for military service, meeting the requirements of another state, government employees assigned to duty outside of the United States, or when absent from a state, if the professional is engaged in active practice under circumstances approved by the board.

Michigan:

Michigan does not require continuing education for renewal of license.

Summary of factual data and analytical methodologies:

The board reviewed the rules of other regulatory boards and discovered many allow for a continuing education waiver and/or a hardship exemption. Discussions were held on the merits of aligning its rules with those that allow for both.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:

The rule change would impose no additional record keeping requirements on small businesses. The rule would not have a disproportionate impact on small businesses.

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

Anticipated costs incurred by private sector:

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 [e-mail], or by calling [phone].

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: [phone]. Email: [e-mail].

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 [e-mail]. 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

[CR 06-098]

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 [phone] or leave a message with the Teletypewriter (TTY) at [phone] 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.

Statutory authority: s. 227.11 (2) (a), 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

Stephanie Petska, Director, Special Education, phone: [phone], or email: [e-mail]

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

Statutory authority:   ss. 196.02 (1) and (3), 196.378 (3) and 227.11, Stats.

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