ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING PERMANENT RULES
The scope statement for this rule, SS 041-16, was published in Register No. 725B, on May 31, 2016, and approved by State Superintendent Tony Evers, on June 14, 2016. Pursuant to Coyne v. Walker, the Department of Public Instruction is not required to obtain the Governor’s approval for this rule. Coyne v. Walker, 2016 WI 38.
ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Explanation of agency authority:
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, a rule is required to effectively implement and administer the payment of state aid to school districts for summer and interim session classes under s. 121.14, Stats. In addition, the Department is given specific rulemaking authority to establish criteria for summer and interim session classes under s. 121.14 (1) (a), Stats., which reads as follows:
121.14 State aid for summer classes and interim session classes.
(1) (a) State aid shall be paid to each district or county children with disabilities education board for all of the following:
1. Subject to par. (b), those academic summer classes or laboratory periods that are for necessary academic purposes, as defined by the state superintendent by rule.
2. Subject to par. (b), for a school district or county children with disabilities education board that provides year-round school, those interim session classes or laboratory periods that are for necessary academic purposes, as defined by the state superintendent by rule.
Related statute or rule: N/A
Plain language analysis:
The proposed rule modifies existing policies and practices in the following ways:
• Aligns existing summer and interim session courses with the regular academic curriculum
• Permits membership calculations to include pupils enrolled in courses funded partially or solely with grant funds
• Removes duplicative and unnecessarily restrictive language relating to the operation of summer school in cooperation or through an agreement with another entity
• Makes various technical changes to ensure consistency in terms used throughout the rule
Summary of, and comparison with, existing or proposed federal regulations: N/A
Comparison with rules in adjacent states: N/A
Summary of factual data and analytical methodologies:
The proposed rule modifies existing policies and practices around items such as membership calculations, eligible fund sources and credit requirements.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: N/A
Anticipated costs incurred by private sector: N/A
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: (including email and telephone)
Budget and Policy Analyst
Wisconsin Department of Public Instruction
Place where comments are to be submitted and deadline for submission:
Comments should be submitted by November 21, 2016, to Carl Bryan, Department of Public Instruction, 125 S. Webster Street, P.O. Box 7841, Madison, WI 53707-7841 or at email@example.com. The Department will publish a hearing notice in the Administrative Register that will provide information on the deadline for the submission of comments.
SECTION 1. PI 17.02 (1d) is amended to read: