Scott Loomans, 608-267-2452
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
Revenue limit exemptions for energy efficiencies.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
This rule change will modify ch.
PI 15 to reflect changes in the corresponding statutes as a result of
2011 Wisconsin Act 32 and
2013 Wisconsin Act 20. The rule will also be updated to reflect other statutory changes and agency practice.
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 15 was promulgated on March 1, 2010. This rule change is designed to modify the existing rule so that the rule is reflective of current law.
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, a rule is required to effectively implement and provide transparency to the revenue limit exemptions for energy efficiencies under s.
121.91 (4) (o), Stats.
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. Contact Person
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
Milwaukee Parental Choice Program.
Rule Type
Permanent.
1. Detailed Description of the Objective of the Proposed Rule
N/A.
2. Detailed Description of the Objective of the Proposed Rule
Section
119.23 (11) (a), Stats., requires the DPI to promulgate rules to implement and administer the Milwaukee Parental Choice Program. The 2013-15 budget,
2013 Wisconsin Act 20, made several modifications to the Milwaukee Parental Choice Program. The rule needs to be updated to reflect statutory changes and changes in practice.
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 proposing to update Ch.
PI 35 so that it reflects how the Milwaukee Parental Choice Program is implemented and administered. The alternative to not updating 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)
119.23 Milwaukee parental choice program.
(11) The department shall do all of the following:
(a) Promulgate rules to implement and administer this section. The department may not by rule establish standards under sub. (7) (am) that exceed the standards established by the American Institute of Certified Public Accountants.
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 is indeterminate.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Private schools participating in the Milwaukee Parental Choice Program will be impacted by this rule change.
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. Contact Person
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
Parental Choice Program for Eligible School Districts and Other School Districts.
Rule Type
Emergency and Permanent.
1. Detailed Description of the Objective of the Proposed Rule
The 2011-13 budget,
2011 Wisconsin Act 32, created the Parental Choice Programs for Eligible School Districts under s.
118.60, Stats. The 2013-15 budget,
2013 Wisconsin Act 20, significantly modified s.
118.60, Stats., including creating the Parental Choice Program for Eligible School Districts and Other School Districts. Section
118.60 (11) (a), Stats., requires the DPI to promulgate rules to implement and administer both programs. Unless a new rule is in place, DPI may be prevented from efficiently implementing and administering these programs.
2. Detailed Description of the Objective of the Proposed Rule
The 2011-13 budget,
2011 Wisconsin Act 32, created the Parental Choice Programs for Eligible School Districts under s.
118.60, Stats. The 2013-15 budget,
2013 Wisconsin Act 20, significantly modified s.
118.60, Stats., including creating the Parental Choice Program for Eligible School Districts and Other School Districts. The DPI is proposing to create a rule to govern the implementation and administration of both programs.
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 proposing to create a rule, Chapter
PI 48, to implement and administer the Parental Choice Program for Eligible School Districts and Other School Districts based on s.
118.60, Stats. Without a rule, the DPI will not be able to provide transparency in how it is implementing and administering these programs.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The DPI is explicitly required by statute to create a rule to implement and administer s.
118.60, Stats. Specifically, s.
118.60 (11) (a), Stats., provides:
118.60 Parental choice program for eligible school districts and other school districts.
(11) The department shall do all of the following:
(a) Promulgate rules to implement and administer this section. The department may not by rule establish standards under sub. (7) (am) that exceed the standards established by the American Institute of Certified Public Accountants.
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 is indeterminate.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Private schools participating in these programs will be impacted 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), Stats.
9. Contact Person
Public Service Commission
