121 East Wilson Street
PO Box 7873, Madison WI 53707-7873
Notice of Hearing
NOTICE IS HEREBY GIVEN That pursuant to ss.
118.045 (3) and
227.11 (2) (a), Stats., and interpreting s.
118.045, Stats., the Department of Public Instruction will hold a public hearing as follows to consider emergency rules, ch.
PI 27, relating to the commencement of a school term.
The hearing will be held as follows:
Date and Time Location
April 26, 2002 Madison
3:00 – 4:30 p.m. GEF 3 Building
125 South Webster St.
Room 349
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Lori Slauson, at (608) 267-9127 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above email or street address no later than May 3, will be given the same consideration as testimony presented at the hearing.
Analysis by the Department of Public Instruction
2001 Wis. Act 16 requires school boards to start a school term after September 1 unless a school board submits a request to the Department of Public Instruction stating the reasons it would like the school term to start earlier. The department may grant a request only if it determines there are extraordinary reasons for granting it.
The department is required to promulgate rules to implement and administer this provision. The rules establish a procedure for school boards to use in requesting an earlier start date and gives examples of extraordinary reasons for granting such requests.
Fiscal Estimate
The proposed creation of ch.
PI 27, rules relating to the commencement of a school term, is a result of statutory changes made under
2001 Wis. Act 16. The rules will not have a fiscal effect separate from the statutory changes made under the Act. The Act modified s.
118.045, Stats., requiring school boards to start a school term after September 1 unless a school board submits a request to the department stating the reasons it would like the school term to start earlier. The department may grant a request only if it determines there are extraordinary reasons for granting it.
By law, school districts must provide 180 days of instruction. By starting school later, school districts will likely have to make up days by having shorter winter or spring breaks, or by extending the school year later into summer. If school is conducted during Thanksgiving or winter break when schools would normally be vacant, heating and electrical costs may increase. These costs are indeterminate.
Additionally, current law requires school districts to provide transportation for pupils in private schools. If private schools choose to begin the school year prior to September 1, transportation costs may increase if school districts are required to run additional bus lines or otherwise accommodate the transportation needs of private school pupils when public school is not in session. For example, one public school district has 40 percent of its elementary student population in private or parochial schools. The business manager of the public district estimated that if the private schools chose to start school prior to September 1, it would cost the school district an additional $5,000 to $6,000 per day in transportation costs. The private schools started on August 26 in 2001. If the new legislation would have been in effect this year, it would have cost the public school district $25,000 to $30,000. It should be noted that excessive private school transportation costs are listed in the rule as an extraordinary reason to allow a school to begin a school term prior to September 1.
It is assumed this rule will have no state fiscal effect. These rules may affect small businesses. However, any costs or benefits will vary on a case-by-case basis depending on when such businesses need to employ pupils (at the beginning or end of summer).
Notice of Hearing
NOTICE IS HEREBY GIVEN That pursuant to ss.
118.30 (3) (b) and
227.11 (2) (a), Stats., and interpreting s.
118.30 (3), Stats., the Department of Public Instruction will hold a public hearing as follows to consider the creation of ch.
PI 28, relating to providing access to the 4
th, 8
th, and 10
th grade Knowledge and Concepts Examinations and the High School Graduation Test.
The hearing will be held as follows:
Date and Time Location
April 26, 2002 Madison
3:00 – 4:30 p.m. GEF 3 Building
125 South Webster St.
Room 349
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Lori Slauson, at (608) 267-9127 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above email or street address no later than May 3, 2002, will be given the same consideration as testimony presented at the hearing.
Analysis by the Department of Public Instruction
Since 1992, when the knowledge and concepts examinations were first instituted in Wisconsin, the state superintendent has been required to make available, upon request, within 90 days of the date of administration, any of the required pupil assessments under s.
118.30, Stats. This requirement also applied to the high school graduation test when it was added in 1997. The department has provided guidance on proper test use and review in a document titled, “DPI Guidelines for Appropriate Testing Procedures."
2001 Wis. Act 16 created s.
118.30 (3) (b), Stats., requiring the state superintendent to promulgate rules establishing procedures to allow a person to view these tests. The proposed rules codify the requirements in the guidelines. Specifically, the rules:
Do not allow a person to review a test that is being developed or validated.
Require a person to submit a written request to the state superintendent and the school board within 90 days after the date of administration of the test.
Require the school board to file a confirmation of destruction/security agreement with the test publisher before allowing a test to be reviewed.
Require the school board or the department to ensure that the individual making the request signs a confidentiality agreement.
Require the school board or the department to ensure the test viewer is accompanied by a qualified staff member who is aware of the confidentiality requirements associated with the test.
Fiscal Estimate
The rules establish requirements for school boards providing access to the 4th, 8th, and 10th grade Knowledge and Concepts Examinations and the High School Graduation Test. The rules also establish procedures for individuals to follow in requesting these tests for review.
Requiring test access originated with the enactment of
1991 Wis. Act 269; however, rules relating to test access were not required to be developed. Instead, the department developed
DPI Guidelines for Appropriate Testing Procedures. 2001 Wisconsin Act 16 required the department to promulgate rules relating to test access. The rule codifies the requirements in the guidelines.
Because the requirements specified in the guidelines have been in place for quite some time, the rules codifying these requirements are not anticipated to have a local or state fiscal effect separate from current practice.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
49.145 (2) (f) and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider ch.
DWD 15, relating to child support cooperation for Wisconsin works.
Hearing Information
May 1, 2002 GEF 1 Building, Room B103
Wednesday 201 E. Washington Avenue
1:00 p.m. Madison
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Analysis Prepared by the Department of Workforce Development
Section
49.145 (2) (f), Stats., requires that every parent in a Wisconsin Works (W-2) group fully cooperates in good faith with efforts directed at establishing paternity and obtaining support payments or any other payments or property to which that parent and any minor child of that parent may have rights or for which that parent may be responsible, regardless of whether the parent is the custodial or noncustodial parent of the minor child. Cooperation may not be required if the parent has good cause for failing to cooperate, as determined by the Department in accordance with federal law.
The current chapter DWD 15 contains obsolete information on the cooperation requirements and good cause exemptions for custodial parents under the Aid to Families with Dependent Children program. The proposed chapter DWD 15 specifies the cooperation requirements and good cause exemptions for custodial and noncustodial parents under the W-2 program.
The proposed rule provides that a custodial parent who is a member of a W-2 group must cooperate with efforts directed at identifying and locating an absent parent of a minor child of the custodial parent, establishing the paternity of any child of that parent, and obtaining any support payments or any other payments or property to which that parent may have rights. A custodial parent must cooperate in any action that is relevant to those purposes including the following:
• Providing verbal information, written information, or other evidence that the custodial parent knows, possesses, or might reasonably obtain or signing an affidavit declaring a lack of information, subject to penalty of false swearing pursuant to s.
946.32, Stats.
• Attending interviews and responding to written requests for information by the child support agency.
• Appearing as a witness at hearings or other legal proceedings.
• Attending genetic tests pursuant to judicial or administrative order.
• Paying to the Department or its designee any court-ordered child support payments received directly from the absent parent after an assignment under s.
49.145 (2) (s), Stats., has been made.
The proposed rule provides that a noncustodial parent who is a member of a W-2 group must cooperate in good faith with efforts directed at establishing the paternity of an alleged child of that parent and obtaining any support payments or any other payments or property for which that parent may be responsible. A noncustodial parent must cooperate in any action that is relevant to those purposes including the following:
• Providing verbal information, written information, or other evidence that the noncustodial parent knows, possesses, or might reasonably obtain.
• Appearing at hearings or other legal proceedings.
• Attending genetic tests pursuant to judicial order.
• Paying court-ordered child support to the Department or its designee.
Acts of cooperation for custodial and noncustodial parents do not include involuntary participation in a polygraph, a requirement to sign a voluntary statement of paternity, relinquishment of the right to request a genetic test, or a requirement to sign a stipulation for a child support order.
The child support agency determines if an individual is not cooperating with child support services. The child support agency may determine that a custodial parent is not cooperating if, without adequate reason, the custodial parent misses two consecutive agency appointments; misses one agency appointment and fails to respond to a written communication from the agency within a 90-day period; or fails to appear for a hearing, other legal proceeding, or a genetic test. Adequate reason includes personal or family illness or injury; family crisis; breakdown in transportation arrangements; inclement weather that causes a general breakdown in travel; demonstrable mail problem that could result in the failure to receive a hearing notice, appointment notice, or written request for information; or other reasonable circumstances as determined by the child support agency.
The child support agency may determine that a noncustodial parent is not cooperating if the noncustodial parent is the subject of a warrant relating to paternity or support, including a criminal warrant for failure to support pursuant to s.
948.22, Stats., a civil warrant for contempt of court pursuant to ch.
785, Stats., or an arrest warrant pursuant to s.
818.02 (5) or
(6), Stats., excluding a warrant issued for failure to effect service of process.
An individual who wants to restore cooperative status after being determined noncooperative must demonstrate cooperation by performing the action required for the child support agency or court to proceed with the case. The child support agency shall provide the individual who has been found noncooperative with the opportunity to resume cooperation within 30 days of contacting the child support agency to express an intent to cooperate. When a rescheduled court hearing cannot occur within 30 days, the child support agency shall either lift the noncooperation determination upon contact from the individual or make it possible for the individual to perform some other required activity within 30 days of the contact.
The W-2 agency shall provide a written notice describing the cooperation requirements and the right to good cause as an exception to the cooperation requirements to all applicants and participants of Wisconsin works. The notice shall be provided to applicants when they apply for W-2 and to participants when a child is added to the W-2 group, at reapplication for continued benefits, and if a participant discloses to his or her W-2 financial and employment planner that the participant is experiencing circumstances that may meet the good cause criteria.
