CR 19-067 Rule Text

Anticipated costs incurred by private sector:

None.

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)

Carl Bryan

Budget and Policy Analyst

Wisconsin Department of Public Instruction

[e-mail]

[phone]

Place where comments are to be submitted and deadline for submission:

As provided in s. 227.16 (2) (b), Stats., there is no requirement that a public hearing be held for this rule because the proposed rule brings an existing rule into conformity with a statute that has been changed.

SECTION 1. PI 7.04 (3) is repealed and recreated to read:

PI 7.04 (3) Parent contract disputes.

(a) If the school board and the parent or guardian cannot agree upon the amount of compensation under this section, the department shall determine the amount of compensation to be designated in the contract upon the request of both parties. The department shall determine the amount of compensation on a case-by-case basis based on criteria that may include the following:

1. The estimated cost, as determined by the parent or guardian, to provide the transportation.

2. The ability of the parent to provide the transportation.

3. Other information deemed appropriate by the department.

(b) If the department is asked to determine the amount of compensation under par. (a), the school board shall provide transportation for the pupil using one of the options under s. 121.55 (1) (a) or (c) to (e), Stats., until a determination by the department is made. The department's determination shall be final, subject to judicial review pursuant to ch. 227, Stats.

  SECTION 2. PI 7.05 (2) (Note) is repealed.

  SECTION 3. PI 7.05 (6) is created to read:

PI 7.05 (6) Parent contract disputes.

(a) If the school board and the parent or guardian cannot agree on the amount of compensation under this section, the department shall determine the amount of compensation to be designated in the contract upon the request of either party. The department shall determine the amount of compensation by reviewing the school board’s estimated cost to transport the private school pupil and the school district’s average cost per pupil for bus transportation in the previous school year determined under sub. (2).

(b) In conducting the review under par. (a), the department shall utilize all the written records described under sub. (2) to determine that the district properly applied the statutes to arrive at its estimate. The department's determination shall be final, subject to judicial review pursuant to ch. 227, Stats.

  SECTION 4. PI 7.06 is repealed.

SECTION 5. EFFECTIVE DATE:

The proposed rules contained in this order shall take effect on the first day of the month commencing after the date of publication in the Wisconsin Administrative Register, as provided in s. 227.22 (2) (intro.), Stats.

Dated this _____ day of ____________, 2019

__________________________________________

Carolyn Stanford Taylor

State Superintendent