Relating to
Full-time Open Enrollment Program.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The Full-Time Open Enrollment Program was created by
1997 Wisconsin Act 27. Since then, the statute has been amended or affected by ten legislative enactments including: changes to 4-year-old kindergarten eligibility for open enrollment; limiting the number of districts a pupil can apply to; waiting lists; preferences and guarantees for certain students; transportation for open enrolled students; open enrollment to virtual charter schools; and habitual truancy. The program has been affected by one federal court decision, two state appeals court decisions and a number of circuit court decisions. Nearly 3000 appeals have been filed with the Department.
The most recent change to full-time open enrollment occurred with
2011 Wisconsin Act 114, which changed the timing of the application process under the Open Enrollment Program and permitted certain pupils to submit open enrollment applications outside the regular application period, thus changing the nature of the Open Enrollment Program from a once-a-year time-limited application period to a year-round opportunity to apply. Specifically,
2011 Wisconsin Act 114 changes s.
118.51, Stats., by requiring pupils to submit an enrollment application no later than the last weekday in April, rather than no later than the 3
rd Friday following the first Monday in February. As a result of this change, subsequent deadlines are adjusted accordingly.
2011 Act 114 also changes s.
118.51, Stats., by allowing alternative open enrollment procedures under certain circumstances.
The rules have only been amended three times since they were first promulgated in July 1998 including: addressing the number of districts a pupil may apply to, and establishing wait lists, and modifying the method of serving notices of denial. The rule amendments do not incorporate all of the statutory changes that have occurred.
The objective of the proposed rule-making is to update the full-time enrollment portion of ch.
PI 36 to address the many statutory changes made over the years and to address issues that have arisen over the past 14 years. Finally, this rule change will also include any changes to the Full-Time Open Enrollment Program stemming from the passage of the 2013-15 biennial budget.
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
Chapter
PI 36 currently addresses full-time open enrollment in the context of parent and pupil responsibilities, nonresident school board responsibilities, and resident school board responsibilities. Currently, these areas reflect the law as it existed prior to the enactment of
2011 Wisconsin Act 114, as well a number of other acts and court decisions. The DPI is proposing to update the full-time open enrollment portion of ch.
PI 36 so that it reflects the current state of the law. The alternative to not promulgating this rule is to have an administrative rules chapter that is outdated.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Under s.
227.11 (2) (a) (intro), Stats., “Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation." Under s.
118.51, Stats., the DPI requires rules to effectively implement the Full-Time Open Enrollment Program.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
No additional resources are needed to develop the rule. Language will be drafted by existing staff and is estimated that drafting can be completed in 2-4 weeks.
6. List with Description of all Entities that may be Affected by the Proposed Rule
School districts, parents, and pupils will be affected by this rule.
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.
9. Contact Person
Katie Schumacher, 267-9127 or katie.schumacher@ dpi.wi.gov.
Safety and Professional Services —
Controlled Substances Board
This statement of scope was approved by the governor on May 17, 2013.
Rule No.
Relating to
Granting a limited special use authorization permit.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to provide for the Controlled Substance Board to grant a limited special use authorization (SUA).
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
Section
961.335, Stats., provides that the controlled substances board may issue a permit authorizing a person to manufacture, obtain, possess, use, administer, or dispense a controlled substance for purposes of scientific research, instructional activities, chemical analysis, or other special uses, without restriction because of enumeration. Chapter
CSB 3 indicates that the SUA designates the controlled substance(s), amount, and project or use.
The policy to address is to allow the controlled substances board to grant a SUA with limitations rather than outright deny a SUA in specific circumstances. The circumstances may include the following:
• A person having violated the terms of a previous SUA could still obtain a SUA with terms and conditions to address past problems.
• A person that has impairment issues could still obtain a SUA with terms and conditions to address monitoring to ensure no diversion is taking place.
• Limitations placed by the federal government on their Drug Enforcement Administration registration being mirrored by limitations on the SUA.
The alternative to the proposed rule is for the controlled substances board to outright deny an applicant an SUA instead of granting a SUA.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
961.335 (8), Stats.
The controlled substances board may promulgate rules relating to the granting of special use permits including, but not limited to, requirements for the keeping and disclosure of records other than those that may be withheld under sub. (7) submissions of protocols, filing of applications and suspension or revocation of permits.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
75 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
Applicants for special use authorization permits.
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
Federal regulations requires any person who possess, manufactures, distributes or dispenses any controlled substances to register with the US Department of Justice, Drug Enforcement Administration, Office of Diversion Control. The proposed rule would allow the controlled substances board to mirror any limitations placed by the federal government on a person's DEA registration.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None to minimal economic impact.
9. Contact Person
Sharon Henes, (608) 261-2377.
Safety and Professional Services —
Controlled Substances Board
This statement of scope was approved by the governor on May 17, 2013.
Rule No.
Relating to
Denial of special use authorization permit.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule will identify the basis on which a person may be denied a special use authorization permit (SUA).
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
Section
961.335, Stats., provides that the controlled substances board may issue a permit authorizing a person to manufacture, obtain, possess, use, administer, or dispense a controlled substance for purposes of scientific research, instructional activities, chemical analysis, or other special uses, without restriction because of enumeration. While Administrative Code ch.
CSB 3 indicates the requirements for submitting an application for the special use authorization permit, the rule does not provide for the basis for which the controlled substances board may exercise its discretion and deny a person a special use authorization permit. The proposed rule will identify the basis on which a person may be denied a special use authorization permit.
The alternative to the rule is for the controlled substances board to deny an applicant on a basis for which the person was not given notice a denial could be the result or for the controlled substances board to appear arbitrary in its denials of applications.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
961.335 (8), Stats.
The controlled substances board may promulgate rules relating to the granting of special use permits including, but not limited to, requirements for the keeping and disclosure of records other than those that may be withheld under sub. (7) submissions of protocols, filing of applications and suspension or revocation of permits.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
75 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Applicants for special use authorization permits.
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
Federal regulations requires any person who possess, manufactures, distributes or dispenses any controlled substances to register with the US Department of Justice, Drug Enforcement Administration, Office of Diversion Control. The proposed rule would consider the criteria used by the federal government in granting/denying a DEA registration in that once the special use authorization permit is granted, the person would also need DEA registration.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None to minimal economic impact
9. Contact Person
Sharon Henes, (608) 261-2377.
Safety and Professional Services —
Dentistry Examining Board
This statement of Scope was approved by the governor on June 19, 2013.
