Rule Type
Permanent.
1. Finding/Nature of the Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
This rule change will eliminate ch.
PI 42, the rule chapter for the School Breakfast Program.
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
1999 Wisconsin Act 9 eliminated the grants awarded under the School Breakfast Program. Since there is no longer any statutory authority to award school breakfast grants, the rules are no longer necessary. Thus, this rule change will eliminate ch.
PI 42.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
There is no statutory authority for this rule anymore because
1999 Wisconsin Act 9 eliminated the grants awarded under the School Breakfast Program.
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 minimal.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rule change should not affect any entity since the statutory authority for awarding grants has already been rescinded.
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), Stats.
9. Agency Contact
Bureau for Policy and Budget
Katie Schumacher
(608) 267-9127
Public Instruction
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.
Relating to
Academic and career plans.
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 Department of Public Instruction (DPI) proposes to create a new rule that outlines how to ensure that every school board is providing academic and career planning services to pupils enrolled in grades 6 to 12 beginning in the 2017-18 school year.
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
The DPI is required by statute to promulgate rules relating to academic and career planning.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
115.28 General duties. The state superintendent shall:
(59) ACADEMIC AND CAREER PLANNING. (a) Ensure that, beginning in the 2017-18 school year, every school board is providing academic and career planning services to pupils enrolled in grades 6 to 12 in the school district.
(b) Procure, install, and maintain information technology, including computer software, to be used statewide by school districts to provide academic and career planning services to pupils in grades 6 to 12.
(c) Provide guidance, training, and technical assistance to school districts and school district staff, including teachers and counselors, on how to implement model academic and career plans, including training and technical assistance that is necessary to implement the information technology under par. (b).
(d) Promulgate rules to implement this subsection.
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 minimal.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rule change will affect school districts.
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), Stats.
9. Agency Contact
Bureau for Policy and Budget
Katie Schumacher
(608) 267-9127
Public Instruction
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.
Relating to
Rule Type
Permanent.
1. Finding/Nature of the Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
This proposed rule change will align chs.
PI 11,
18, and
24 with the statutory changes made as a result of
2011 Wisconsin Act 105. Any other changes to chs.
PI 11,
18, and
24 that are needed to align these rules with current statutes will also be made.
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 is a technical change to align these PI rule chapters with statutes.
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." As such, ch.
PI 11 is required to effectively implement and provide transparency to the programs involving children with disabilities under Subchapter
V of ch. 115, Stats.
PI 18 has statutory authority under s.
118.33 (2), Stats.
118.33 High school graduation standards; criteria for promotion.
(2) The state superintendent shall:
(c) Establish course requirements under sub. (1) (a) and approve any school board's high school graduation standards policy that is equivalent to the requirements under sub. (1).
(m) Adopt policies to accommodate pupils with exceptional educational interests, needs or requirements, not limited to children with disabilities, as defined under s.
115.76 (5).
(4) (a) The state superintendent shall establish procedures for school boards to certify to the state superintendent whether they are in compliance with the requirements under sub. (1) and the rules promulgated under sub. (2).
(b) The state superintendent may periodically review school district high school graduation standards and shall notify any school board not in compliance with the requirements under sub. (1) or the rules promulgated under sub. (2), identifying the changes necessary.
PI 24 has statutory authority under s.
118.43 (6m), Stats.
118.43 Achievement guarantee contracts; state aid.
(6m) Rules. The department shall promulgate rules to implement and administer the payment of state aid under sub. (6).
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 minimal.
6. List with Description of all Entities that may be Affected by the Proposed Rule
No entities should be affected by this rule change since the change will only be done to align the PI rule chapters with the 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
