Rule No.
Relating to
High school equivalency diplomas and certificates of general educational development.
Rule Type
Emergency and Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
The number of subtests and the passing scores for the General Educational Development (GED) Test will be changing in January 2014 when a new test is implemented by the GED Testing Service. Unless the rule is changed to reflect these new subtests and passing scores, the Department may be prevented from issuing credentials for test takers who pass the GED Test because the required passing scores will be incorrect.
2. Detailed Description of the Objective of the Proposed Rule
Chapter
PI 5 governs the issuance of high school completion credentials by the State Superintendent, which includes the GED Test and the High School Equivalency Diploma (HSED). This rule change is designed to align the rule with changes in the GED Test. The current rule references the number of subtests and the passing scores for the GED, which will be changing in January 2014 when a new test is implemented by GED Testing Service. Additionally, technical changes are needed to align the rule with statute.
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 rule change is designed to align the rule with changes in the GED Test and with current statute.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
115.29 General powers. The state superintendent may:
(4) High school graduation equivalency. (a) Grant declarations of equivalency of high school graduation to persons, if in the state superintendent's judgment they have presented satisfactory evidence of having completed a recognized high school course of study or its equivalent. The state superintendent may establish the standards by which high school graduation equivalency is determined. Such standards may consist of evidence of high school courses completed in high schools recognized by the proper authorities as accredited, results of examinations given by or at the request of the state superintendent, successful completion of correspondence study courses given by acceptable correspondence study schools, a general educational development certificate of high school equivalency issued by an agency of the U.S. government, course credits received in schools meeting the approval of the state superintendent or other standards established by the state superintendent.
(b) Promulgate rules establishing fees for issuing a declaration of equivalency of high school graduation or a general educational development certificate under par. (a). The rules may provide exemptions from the fees based on financial need.
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
Testing and preparation sites authorized by the state superintendent to administer the GED Test may be affected by the proposed rule, including technical colleges, community based organizations, correctional institutions and high schools throughout Wisconsin.
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.
Contact Person
Bureau For Policy And Budget
Attn: Katie Schumacher
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
2013-15 budget changes to youth options and course options.
Rule Type
Emergency and Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
The 2013-15 budget,
2013 Wisconsin Act 20, recreated the part-time open enrollment program into the course options program under s.
118.52, Stats. A rule is needed to govern the course options program since an application process must be in place for those students wishing to apply to take course options classes in the spring and fall of 2014. Unless a rule is in place, the Department may be prevented from efficiently implementing and administering the course options program.
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rulemaking is to create a separate rule chapter to reflect the course option structure that was created in the 2013-15 budget and delete the part-time open enrollment portion of ch.
PI 36. Additionally, the youth options rule chapter may need to be updated to align with the changes in the course options rule chapter.
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 2013-15 budget,
2013 Wisconsin Act 20, made significant changes to the part-time open enrollment program. As a result, the rule chapters for the part-time open enrollment program and youth options program need to be revised to reflect those changes.
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." A rule is necessary to effectively administer the course options program under s.
118.52, 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
School districts 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), Stats.
Contact Person
Bureau For Policy And Budget
Attn: Katie Schumacher
Safety and Professional Services
Professional Services, Chs.
SPS 1—299
This statement of scope was approved by the Governor on October 31, 2013.
Rule No.
Chapters
SPS 1,
1 Appendix
I,
1 Appendix
II,
2,
2 Appendix
I,
3,
3 Appendix
I,
4,
6,
7,
8,
8 Appendix
I,
9, and
500 (revise).
Relating to
Administrative procedures and small business enforcement discretion.
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 rulemaking project is intended to review and update Department administrative procedures and incorporate rule changes to ch.
SPS 500, Wis. Adm. Code, as affected by the enactment of
2011 Wisconsin Act 46.
The Department is evaluating a number of modifications to SPS chapters. Modifications include:
1. Clarifying procedures for summary judgment motions.
2. Eliminating references to former Division titles.
3.
Modifying deadlines associated with the assessment of costs in s.
SPS 2.18, Wis. Adm. Code.
4.
Updating the reference to the “complainant's attorney" in ch.
SPS 2 Appendix I, Wis. Adm. Code.
5. Improving the efficiency of the procedures for the Department's filing of papers with disciplinary authorities.
6.
Adding pertinent rule authority references to ch.
SPS 4, Wis. Adm. Code.
7.
Amending s.
SPS 6.11, Wis. Adm. Code, to allow an administrative law judge from the Department of Administration to preside over show cause hearings.
8.
Revising the definition of “first occurrence" in ch.
SPS 8, Wis. Adm. Code, to more closely align with s.
440.205, Wis. Stats.
The rules are also to be reviewed for clarity, consistency and format which may result in non-substantive revisions.
The objectives of this rule project may be incorporated into more than one rule package, and may include revisions to other chapters affected by the proposal.
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
Existing rules for Department administrative procedures reflect previously used practices and policies. Proposed modifications would update the rules to reflect current practices, align rules more closely with statute, and incorporate technological efficiencies. The alternative to updating and modernizing Department administrative procedures is to continue with current rules that reflect outdated practices and create inefficiencies and uncertainties.
2011 Wisconsin Act 46 requires that each agency establish, by rule, reduced fines and alternative enforcement mechanisms for minor violations of administrative rules made by small businesses. These rules must include a definition of “minor violation". Chapter
SPS 500 outlines the discretion that may be exercised by the Department in enforcement actions undertaken to obtain compliance with Department rules and guidelines, by a small business. This chapter, however, does not include a definition of “minor violation". The proposed rule change would incorporate a definition of “minor violation" to ch.
SPS 500 as required by
2011 Wisconsin Act 46.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section 227.04 (2) (b), Wis. Stats. Consistent with the requirements under s.
895.59 and, to the extent possible, each agency shall do all of the following: Establish, by rule, reduced fines and alternative enforcement mechanisms for minor violations of administrative rules made by small businesses. The rules promulgated under this paragraph shall include a definition of “minor violation".
