Statements of Scope

Public Instruction

053-13-old SS 053-13

Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.

Rule No.

Revises Chapter PI 34.

Relating to

The definition of immoral conduct.

Rule Type

Permanent.

1. Finding/Nature of the Emergency (Emergency Rule Only)

N/A.

2. Detailed Description of the Objective of the Proposed Rule

The proposed rule change will expand the ch. PI 34 definition of “immoral conduct" to align that definition with the statutory definition. The statutory definition of “immoral conduct" was expanded in 2011 Wisconsin Act 84 to include the intentional use of an educational agency's equipment to download, view, solicit, seek, display, or distribute pornographic material.

3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives

This proposed rule change is a technical change that would modify the ch. PI 34 definition of “immoral conduct" to reflect the statutory definition.

4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)

115.31 License or permit revocation; reports; investigation.

115.31 (1) In this section:

115.31 (1) (c) “Immoral conduct" means conduct or behavior that is contrary to commonly accepted moral or ethical standards and that endangers the health, safety, welfare or education of any pupil. “Immoral conduct" includes the intentional use of an educational agency's equipment to download, view, solicit, seek, display, or distribute pornographic material.

115.31( 8) The state superintendent shall promulgate rules to implement and administer this section.

5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule

The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed to create the rule language itself will be minimal. However, the time involved with developing a process to implement the rule will be fairly significant.

6. List with Description of all Entities that may be Affected by the Proposed Rule.

This rule change should not affect any entity since this is only a technical change to align the rule with statutes.

7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule

N/A.

8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)

The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.

Contact Person

Katie Schumacher, Budget and Policy Analyst and Administrative Rules Coordinator, Wisconsin Department of Public Instruction, [phone], [e-mail].