Chapter PI 8

PI 8.01(3)(b)1. 1. The state superintendent may approve a school district board’s plan for alternative compliance with a school district standard, if he or she determines the alternative compliance plan will meet the objectives of the school district standard, maintains educational equity and will result in any of the following:

PI 8.01(3)(b)1.a. a. Improved efficiency in school administration or instruction.

PI 8.01(3)(b)1.b. b. Innovation in school district management or instruction, including but not limited to, progress towards outcome-based instruction and assessment; enhancement of educational opportunities; enhancement of education professions; and flexibility in staffing, programming and scheduling.

PI 8.01(3)(b)1.c. c. Other educational improvements.

PI 8.01(3)(b)2. 2. The plan approval under subd. 1. may be subject to conditions specified by the state superintendent.

PI 8.01(3)(b)3. 3. The state superintendent shall provide for the review of the requests for alternative compliance plans made under par. (a) and shall notify the school district board of his or her decision within 60 days from the date the request is received. The decision shall be in writing and shall include the reasons for the decision.

PI 8.01(3)(b)4. 4. The state superintendent may either hold a public hearing or request that the school district board hold a public hearing on the alternative compliance being proposed.

PI 8.01(3)(c) (c)

PI 8.01(3)(c)1. 1. An initial alternative compliance plan may be approved for a 2 year period.

PI 8.01(3)(c)2. 2. An alternative compliance plan may be renewed every 3 years after the initial plan approval only if an evaluation of the alternative compliance plan is provided by the school district board and is approved by the state superintendent.

PI 8.01(3)(c)3. 3. The evaluation shall include the information specified in par. (a) 2. g. and is subject to the same timelines specified under par. (a).

PI 8.01(4) (4) Waiver from school hours.

PI 8.01(4)(a) (a) In this subsection, “school closure” means the closure of one or more schools under s. 115.01 (10) (b) and (c), Stats.

PI 8.01(4)(b) (b) A school district board may request a waiver from the requirements under this chapter, with some exceptions, as specified under s. 118.38, Stats. A school district board requesting a waiver from the requirement to schedule and hold at least the number of hours of direct pupil instruction specified under sub. (2) (f) and s. 121.02 (1) (f), Stats., shall submit all of the following information to the department:

PI 8.01(4)(b)1. 1. A letter from the district administrator or school board president requesting a waiver from the hours of direct pupil instruction requirement under sub. (2) (f) and s. 121.02 (1) (f), Stats., and specifying the reason or reasons for requesting the waiver.

PI 8.01(4)(b)2. 2. A record of the public hearing held under s. 118.38 (1) (b), Stats., indicating the response from the community to the waiver request.

PI 8.01(4)(b)3. 3. A copy of the order to close the school under s. 115.01 (10) (b) or (c), Stats., if applicable. If the order is submitted under s. 115.01 (10) (c), Stats., a copy of the board minutes indicating approval of the request for a waiver.

PI 8.01(4)(b)4. 4. The number of hours requested to be waived.

PI 8.01(4)(b)5. 5. The dates the school or schools were closed.

PI 8.01(4)(b)6. 6. A description of the actions the school board took to make up the hours of instruction missed during the period of the school closure and what prevented the district from scheduling and holding at least the number of hours of direct pupil instruction specified under sub. (2) (f) and s. 121.02 (1) (f), Stats.

PI 8.01(4)(b)7. 7. The number of days planned for inclement weather and parent teacher conference days as specified under sub. (2) (f).

PI 8.01(4)(b)8. 8. Any additional information requested by the department.

PI 8.01(4)(c) (c) In determining whether to grant a waiver from the requirement to schedule and hold at least the number of hours of direct pupil instruction specified under sub. (2) (f) and s. 121.02 (1) (f), Stats., the department shall consider all of the following factors and may consider additional factors:

PI 8.01(4)(c)1. 1. Whether the department received all the information required under par. (b).

PI 8.01(4)(c)2. 2. The response of the community to the proposed waiver as indicated by the record of the public hearing submitted under par. (b) 2.

PI 8.01(4)(c)3. 3. The length of the school closure.

PI 8.01(4)(c)4. 4. The dates of the school closure and whether there was sufficient time before the end of the school year to adjust the school calendar to provide the required hours of direct pupil instruction missed during the period of the school closure.

PI 8.01 History History: Cr. Register, October, 1974, No. 226, eff. 11-1-74; emerg. am. (2) (l) 2., eff. 12-24-79; am. (2) (l) 2., Register, September, 1980, No. 297, eff. 10-1-80; r. (1), (2) (b) (h) and (m), renum. (2) (intro.) to be (1) and am., renum. (2) (c) to (e), (g), (i) to (l) to be (b) to (d), (e) and (g) to (j), cr. (2) (n), r. and recr. (2) (f), Register, November, 1986, No. 371, eff. 12-1-86; r. and recr. (2) (b), cr. (2) (f) 2., (k) to (m) and (o) to (t), eff. 9-1-88; r. and recr. (2) (h), cr. (2) (j) (intro.), am. (2) (j), Register, December, 1987, No. 384, eff. 1-1-88; am. (2) (c), (d), (e), (f) 2., cons. (2) (l) 2. intro. and a. and am., renum. (2) (l) 2. b., c., d. and 3 to be (2) (l) 2. a., b., 3. and 4. and am. 2. a. and b., r. and recr. (2) (k) 6. intro., eff. 9-1-88; am. (2) (c), (d), (h) 3., (i), (k) 3. and 4., (r) 1., (s) and (t) 2., r. and recr. (2) (e) and (g), renum. (2) (l) 2. to 4. to be 3., 5. and 6., cr. (2) (l) 2. and 4., Register, February, 1991, No. 422, eff. 3-1-91; except (2) (c) (d), (e), (g), (n) 3., (i), (k) 3. and 4., (l) 2. and (t) 2., eff. 9-1-91 and (2) (l) 4., eff. 9-1-94; am. (1), cr. (3), Register, November, 1992, No. 443, eff. 12-1-92; renum. (2) (a) to be (2) (a) 1., cr. (2) (a) 2., r. and recr. (2) (o), am. (2) (s), Register, October, 1994, No. 466, eff. 11-1-94; corrections in (2) (i) and (m) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register October 2001 No. 550; corrections in (2) (a) 2. made under s. 13.93 (2m) (b) 7., Stats., Register June 2004 No. 582; CR 07-057: am. (2) (t) 2. Register March 2008 No. 627, eff. 4-1-08; correction in (2) (s) 1. b. made under s. 13.92 (4) (b) 7., Stats., Register March 2008 No. 627; CR 09-117: cr. (4) Register May 2010 No. 653, eff. 6-1-10; correction in (2) (i) made under s. 13.92 (4) (b) 6., Stats., Register May 2010 No. 653; CR 10-083: r. and recr. (2) (a) 2. b., r. (2) (a) 2. c., renum. (2) (a) 2. d. to be (2) (a) 2. c. Register November 2010 No. 659, eff. 12-1-10; correction in (2) (i) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673; CR 15-080: am. (2) (f) (title), r. (2) (f) 1., renum. (2) (f) 2., am. (4) (a), (b) (intro.), 1., 3., 6., (c) Register March 2016 No. 723, eff. 4-1-16; CR 16-016: am. (2) (f) Register July 2016 No. 727, eff. 8-1-16; correction in (2) (a) 2. a., b. made under s. 13.92 (4) (b) 7., Stats., Register July 2016 No. 727; CR 19-034: am. (2) (a) 2. a., b. Register February 2020 No. 770, eff. 3-1-20; CR 19-069: cr. (2) (u) Register February 2020 No. 770, eff. 3-1-20; CR 24-021: cr. (2) (v) Register July 2024 No. 823, eff. 8-1-24.

PI 8.02 PI 8.02 Compliance audits.

PI 8.02(1) (1) The department shall conduct an inquiry into compliance with the standards upon receipt of a complaint and may, on its own initiative, conduct an audit of a school district.

PI 8.02(2) (2) The department shall notify the school district board at least 90 days prior to beginning the on-site audit.

PI 8.02(3) (3) The department shall provide a report to the school district board in writing within 60 days of the end of the on-site visit. If the report indicates that the district is not in compliance with s. 121.02 (1), Stats., or s. PI 8.01 (2), the school district board or the electors of the school district as provided under s. 121.02 (3), Stats., may petition the state superintendent for a public hearing within 45 days of receipt of the audit report. The state superintendent shall hold the public hearing prior to any finding of noncompliance.

PI 8.02 History History: Cr. Register, November, 1986, No. 371, eff. 9-1-88; am. (1), Register, October, 1994, No. 466, eff. 11-1-94; CR 03-073: am (1) Register January 2004 No. 577, eff. 2-1-04.

PI 8.03 PI 8.03 Noncompliance hearings.

PI 8.03(1) (1) Upon request of the school board or upon receipt of a petition signed by the number of electors under s. 121.02 (3), Stats., the state superintendent, or a person designated by the state superintendent as the hearing officer, shall conduct a public hearing in the school district prior to any finding that a school district is not in compliance with the standards under s. 121.02 (1), Stats., or s. PI 8.01 (2).

PI 8.03(2) (2) The department shall mail notice of the hearing to the interested parties or their representatives and to representative media in the geographical area of the school district at least 10 days before the public hearing. The notice shall include the time and place of the hearing, and a deadline for submitting written statements.

PI 8.03(3) (3) At the public hearing, all interested persons or their representatives shall be given an opportunity to present facts, opinions or arguments relative to the allegation of noncompliance in the report under s. PI 8.02 (3) or in the petition of the electors under s. 121.02 (3), Stats. The hearing officer may administer oaths or affirmations to those persons interested in giving testimony, and may question persons giving testimony. The hearing officer may limit the length of oral presentations at his or her discretion and may continue or postpone the hearing to such time as he or she deems appropriate. The department shall keep minutes or a taped record of the hearing.

PI 8.03(4) (4) Any interested person may present written statements of facts, opinions or arguments on the issue of the hearing to the state superintendent, whether or not the person presented oral testimony. The state superintendent or hearing officer shall set a reasonable deadline for the submission of any written statements.

PI 8.03(5) (5) After the public hearing and not later than 90 days after the deadline for submission of written statements, the state superintendent shall issue a written decision on whether the district is in compliance with the standards.

PI 8.03(6) (6) If the state superintendent finds the school district board is not in compliance with the standards, the state superintendent may develop with the school district board a plan for compliance which specifies a time period, not to exceed 90 days, in which compliance must be achieved. Prior to the expiration of the time period, a school district board may submit a written request to the state superintendent for an extension of the time period. The request shall set forth the extenuating or mitigating circumstances that support granting the request and a date by which compliance will be achieved. The state superintendent may grant one extension of the time period, not to exceed one year. The state superintendent shall withhold up to 25% of state aid from any school district which fails to achieve compliance within the specified period, as required under s. 121.02 (3), Stats.

PI 8.03 History History: Cr. Register, November, 1986, No. 371, eff. 9-1-88.