LRB-3112/1
PG:jrd:km
1995 - 1996 LEGISLATURE
May 10, 1995 - Introduced by Representatives Plache, Ladwig, Klusman, Krug,
Ziegelbauer, Musser, Plombon, Harsdorf, Olsen, Gronemus, F. Lasee and
Ainsworth, cosponsored by Senators Leean and
Andrea. Referred to
Committee on Education.
AB373,1,2
1An Act to create 118.38 of the statutes;
relating to: the waiver of various school
2district requirements.
Analysis by the Legislative Reference Bureau
This bill provides that a school board may request the state superintendent to
waive any administrative rule promulgated by the department of public instruction
that imposes a requirement on school boards or school districts. The state
superintendent may approve the request if he or she determines that:
1. The requirement addresses a problem that is not present in the school
district;
2. The school board's application proposes an alternative plan that adheres to
the general intent of the requirement;
3. Implementation of an alternative plan will result in financial savings and
no loss of educational quality; or
4. Approval will facilitate the implementation of an innovative or experimental
plan in the school district.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB373, s. 1
3Section
1. 118.38 of the statutes is created to read:
AB373,1,6
4118.38 Rule waivers. (1) A school board may request the state
5superintendent to waive any school board or school district requirement in the
6administrative rules promulgated under the authority of chs. 115 to 121.
AB373,2,2
1(2) The state superintendent may approve the request if he or she determines
2that any of the following applies:
AB373,2,43
(a) The requirement addresses a problem that is not present in the school
4district.
AB373,2,65
(b) The school board's application proposes an alternative plan that adheres to
6the general intent of the requirement.
AB373,2,97
(c) The implementation by the school board of an alternative method of
8complying with the requirement will result in financial savings and no loss of
9educational quality.
AB373,2,1110
(d) Approval of a waiver of a requirement will facilitate the implementation of
11an innovative or experimental plan in the school district.
AB373,2,15
12(3) (a) The state superintendent shall grant or deny the waiver within 30 days
13after receiving the plan or request. The decision shall be in writing and shall include
14the reasons for the decision. The state superintendent may impose conditions upon
15the approval of a waiver.
AB373,2,1716
(b) The waiver is effective indefinitely unless the state superintendent specifies
17otherwise.
