Statutory authority:
Sections 15.08 (5) (b) and 227.11 (2), Stats.
Estimate the amount of state employe time and any other resources that will be necessary to develop the rule:
1 hour.
Psychology Examining Board
Subject:
Psy Code - Relating to clarification of administrative rules relating to psychologists and the private practice of school psychology.
Description of policy issues:
Objective of the rule:
The objective of these revisions is to make the administrative rules more understandable to the public by improving the clarity, grammar, punctuation and use of plain language in the rules. The changes being recommended relate to amending form, style, grammar, punctuation; use of plain language to improve readability; statutory authority; conflicts or duplication of existing rules; examination reviews; passing scores; cheating policy; eliminating outdated provisions; updating citations to statutes for accuracy; and issues regarding safety and welfare of the public. A substantive provision addresses the Americans With Disabilities Act.
Policy analysis:
The proposed changes focus on form, style, grammar and punctuation of the existing rules in order to improve readability and eliminate outdated provisions. The changes also update citations referencing statutes which have been renumbered, modified or repealed; and deal with examination passing scores, cheating and reviews. The proposals also create a provision relating to reasonable accommodations as required under the Americans With Disabilities Act.
Statutory authority:
Sections 15.08 (5) (b), 227.11 (2) and 455.08, Stats.
Estimate the amount of state employe time and any other resources that will be necessary to develop the rule:
20 hours.
Public Instruction
Subject:
Ch. PI 40 - Relating to administering the youth options program.
Description of policy issues:
Rationale for proposed rule development:
1991 Wis. Act 39 created the postsecondary enrollment options (PSEO) program beginning in the 1992-93 school year. The program allowed any public school pupil enrolled in the 11th or 12th grade to enroll in a center or institution within the UW system, a Wisconsin technical college system (WTCS) school or a private, nonprofit institution of higher education (IHE).
Administrative rules, ch. PI 40, were created to administer the program. The rules established general requirements for participating pupils, parents/guardians, school boards, IHE's, transportation reimbursement, appeals, and state superintendent's responsibilities. The provisions relating to IHE's pertained to technical colleges as well.
Effective the 1998-99 school year, 1997 Wis. Act 27 replaces the PSEO program with the youth options program and makes several modifications. For private colleges and the UW system, the youth options program will operate essentially the same as it did under the PSEO program. However, the program differentiates between participation in an institution of higher education (IHE) and a technical college making it necessary to revise the rule as it relates to technical colleges.
Describe the objective(s) of the proposed rule:
To modify the current rules under ch. PI 40 relating to technical colleges to provide for clarity and to comply with statutory language changed as a result of 1997 Wis. Act 27.
To review and possibly modify the guidelines used in the determination and awarding of high school credit. This will be done in cooperation with the IHE's.
To describe the requirements of the technical college in ensuring that a pupil's educational program meets the high school graduation requirements under s. 118.33, Stats. This will be done in cooperation with the Wisconsin Technical College System Board.
To eliminate the requirement that a school district offer a course if the school board determined that the number of resident pupils enrolled in a postsecondary course at a postsecondary institution was equal to or greater than the number normally required for the district to offer the course and if the board expected the situation to continue in the next year.
Describe any existing relevant policies to be included in the administrative rule:
Most of the provisions which currently pertain to IHE's under the administrative rule will still pertain to technical colleges.
Describe any new policies to be included in the proposed rule:
Per 1997 Wis. Act 27, the following provisions will apply to technical colleges:
▶ Requires a technical college to admit a pupil who meets the requirements or prerequisites of the course for which he or she has applied.
▶ Requires a technical college to ensure a pupil's educational program meets the high school graduation requirements.
▶ Allows a technical college to reject the application of a pupil who has not completed the 10th grade, has a record of disciplinary problems, is not in good academic standing, or is a child at risk under s. 118.153, Stats.
▶ Does not allow a technical college to reject a pupil's application due to lack of space.
▶ Changes how school boards are to pay a technical college based on the number of credits a pupil takes each semester.
▶ Requires payment made to technical colleges to be adjusted to reflect the cost of any special services needed for a child with exceptional educational needs.
▶ Requires a school board to pay for some technical college credits that are comparable to courses offered in the school district if the pupil is attending a technical college for 10 or more credits in a semester.
▶ Allows a school board to refuse to permit a pupil with exceptional educational needs from attending a technical college if the school board determines that the cost would impose an undue financial burden on the school district.
▶ Specifies that a school board is not responsible for transporting a pupil to a technical college under this program.
Describe policy altematives:
If rules remain unchanged, they will conflict with current law. Most of the changes being proposed will simply align the rules with the new statutory language.
Statutory authority:
SS. 118.37 and 227.11 (2) (a), Stats.
Estimate the amount of time/staff resources necessary to develop rule:
The amount of time needed for rule development by Department staff and the amount of other resources necessary is indeterminable. The time needed in creating the rule language, itself, will be minimal; however, the time involved with guiding the rule through the required rule promulgation process is fairly significant. The rule process takes more than 6 months to complete.
Public Service Commission
Subject:
S. PSC 112.05 (3) (a) - Relating to construction by electric public utilities and extensions of electric service.
Description of policy issues:
A description of policy issues to be resolved, including groups likely to be impacted or interested in the issues, follows:
Chapter PSC 112, and specifically, s. PSC 112.05, Wis. Adm. Code, is administered by the Commission. Section PSC 112.05, Wis. Adm. Code, deals with the dollar cost threshold approval requirements a utility must consider in determining whether Commission approval is needed before constructing, installing or placing in operation certain facilities.
Section PSC 112.05 (3), Wis. Adm. Code, would be amended to increase cost thresholds of projects, subject to Commission review, to streamline the regulatory process as well as to respond to the reliability needs of Wisconsin citizens. Many of the project presently subject to review include upgrades or modifications to existing plants or substations. The Commission needs to review a project that does not meet the cost threshold. It could impose its authority under s. 196.49 (3), Stats.
This proposed amendment would impact Wisconsin's electric public utilities.
Statutory authority:
SS. 196.02 (3), 196.49 (5) (h) and 227.11 (2), Stats.
Staff time required:
The Commission estimates that approximately 20 hours of employe time will be required to develop the proposed revision.
Regulation & Licensing
Subject:
RL Code - Relating to electronic transmission of applications for credentials and credential renewals.
Description of policy issues:
Objective of the rule:
1997 Wis. Act 27 created s. 440.03 (7m), Stats., to specifically authorize the electronic submission of applications for credentials and credential renewals. The objective of the rule is to establish appropriate procedures for submitting applications by electronic transmission, and to provide guidance in adopting procedures and systems to assure the validity, accuracy and security of applications received electronically.
Policy analysis:
The electronic transmission of applications give rise to a need for rules to assure the validity and accuracy of information received via computer. Additionally, the issue of the security of personal information contained in and transferred between computers over the “Internet” is of general concern to the public. It is necessary for the Department to adopt rules to assure the validity, accuracy and security of electronically transmitted information. The rules shall specify procedures for complying with any requirement that a fee be submitted with the application, the identity of the individual transmitting the application, and the material that will be required to accompany the application.
Statutory authority:
Section 227.11 (2), Stats., and s. 440.03 (7m), Stats., as created by 1997 Wis. Act 27.
Estimate the amount of state employe time and any other resources that will be necessary to develop the rule:
20 hours.
Regulation & Licensing
Subject:
RL Code - Relating to clarification of administrative rules relating to certification of optometrists to use diagnostic pharmaceutical agents.
Description of policy issues:
Objective of the rule:
The objective of these revisions is to make the administrative rules more understandable to the public by improving the clarity, grammar, punctuation and use of plain language in the rules. The changes recommended also relate to statutory authority, conflict with or duplication of existing rules, and the adequacy of references to related statutes, rules and forms.
Policy analysis:
The proposed changes focus primarily on statutory authority and adequacy of references.
Statutory authority:
Sections 227.11 (2) and 440.03 (1), Stats.
Estimate the amount of state employe time and any other resources that will be necessary to develop the rule:
5 hours.
