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.
A custodial or noncustodial parent may request a good cause exemption from the cooperation requirements when it is in the best interest of the child or parent. Good cause for a custodial or noncustodial parent?s failure to cooperate exists when the W-2 agency determines that any of the following criteria applies:
• Cooperation is reasonably anticipated to result in either physical or emotional harm to the child, including threats of illegal child kidnapping or domestic abuse.
• Cooperation is reasonably anticipated to result in either physical or emotional harm to the parent, including domestic abuse.
• Cooperating with the child support agency would make it more difficult for the individual to escape domestic abuse.
• The child was conceived as a result of incest or sexual assault.
• The parent is being assisted by a public or licensed private social services agency in deciding whether to terminate parental rights and discussions have not gone on for more than 3 months.
• A petition for the adoption of the child has been filed with a court, except this does not a apply as a good cause exemption from the responsibility to make payments under an existing court order.
A W-2 agency shall provide a written good cause claim form to any W-2 applicant or participant on request. The claim form shall describe the good cause criteria and appropriate documentation to corroborate a good cause claim. An applicant or participant may file a good cause claim with the W-2 agency at any time. The applicant or participant shall specify the circumstances that the applicant or participant believes provide sufficient good cause for not cooperating and shall indicate whether the applicant or participant requests that the child support agency proceed without his or her cooperation if good cause is granted, if that is possible. Upon receipt of the good cause claim, the W-2 agency shall notify the child support agency within 2 days that no further action may be taken until it is determined whether good cause exists. The applicant or participant may submit corroborative evidence to the W-2 agency within 20 days from the day the claim was made. If the good cause claim is based on domestic abuse and no corroborative evidence is currently available, the W-2 agency may permit the applicant or participant to submit evidence to the W-2 agency within 60 days from the date the claim was made.
If an individual is cooperating with the W-2 agency in furnishing evidence and information to be used in determining the good cause claim and other eligibility criteria are met, Wisconsin Works shall not be denied, delayed, reduced, or discontinued pending the determination of a good cause claim.
The W-2 agency shall require an applicant or participant who claims a good cause exemption to submit at least one document of corroborative evidence in addition to the applicant or participant's statement. The W-2 agency may investigate any good cause claim when the applicant or participant's statement and corroborative evidence does not provide sufficient basis for determination. The W-2 agency may contact the child support agency in the course of the investigation, but may not contact the individual alleged to have committed acts that are the basis of good cause claim based on domestic abuse, physical or emotional harm, or incest or sexual assault.
The child support agency shall be given the opportunity to review and comment on the findings of the W-2 agency prior to the final determination on good cause in all good cause claims. The W-2 agency shall determine if good cause exists within 45 days from the date the claim was signed, unless an extension to submit evidence was granted to the applicant or participant or more time is necessary for the W-2 agency to obtain evidence. If the W-2 agency allowed up to 60 days to submit evidence for a claim of domestic abuse, the agency must determine if good cause exists within 85 days from the date the claim was signed.
If the W-2 agency determines that the applicant or participant does not have good cause for failing to cooperate with efforts directed at establishing paternity and obtaining support payments, the W-2 agency shall notify the child support agency that it may proceed with child support services and require the cooperation of the applicant or participant. The W-2 agency shall promptly notify the applicant or participant of the determination and the right to a review of the agency decision. The child support agency shall not proceed with child support services for 10 days from the date of the notice to the applicant or participant to allow the individual the opportunity to withdraw the application, request the case be closed, or request a review of the agency decision.
If the W-2 agency determines that the applicant or participant does have good cause for failing to cooperate with efforts directed at establishing paternity and obtaining support payments, the W-2 agency shall direct the child support agency to suspend all further case activities if the applicant or participant did not request the child support agency to proceed without his or her cooperation. The W-2 agency shall notify the child support agency that it may proceed with child support services without the cooperation of the applicant or participant if the applicant or participant did request that the child support agency proceed without his or her cooperation. If good cause was granted for criteria in s.
DWD 15.05 (1) to
(4), the child support agency shall send a notice to the individual alleged to have committed the acts that are the basis of the good cause claim that states that the agency is proceeding without the cooperation of the applicant or participant. The W-2 agency shall promptly notify the applicant or participant of the determination and the basis for the determination in writing.
A Wisconsin Works group that includes an applicant or participant who fails to cooperate with the child support agency without good cause is ineligible to receive Wisconsin Works until cooperation with the child support agency occurs. An individual who is a member of a W-2 group that fails 3 times to meet the cooperation requirements without good cause remains ineligible until all of the members of the W-2 group cooperate or for a period of 6 months, whichever is later. A custodial parent with a child under 60 days old is exempt from sanction for refusing to cooperate with requirements for that child.
A Wisconsin Works applicant or participant who is denied a good cause exemption from the requirement of cooperation with the child support agency or who disputes any decision by the W-2 agency may petition the W-2 agency for a review of the agency decision. A Wisconsin works applicant or participant who is denied eligibility based on a noncooperation determination by a child support agency may petition the child support agency for review of the agency decision. The procedures of s.
DWD 12.22 apply to the review, except that the applicant or participant may submit a request for review to the child support agency, the child support agency will conduct the fact-finding procedure, and the applicant or participant or a representative may appear for the fact-finding via telephone conference if the child support agency is in a different county than the applicant or participant's current residence. The child support agency shall be given reasonable notice and may participate in any fact-finding or hearing resulting from a good cause investigation or good cause determination.
The W-2 agency shall review good cause exemptions that are based on circumstances subject to change at each redetermination of eligibility or upon new evidence. Good cause determinations based on permanent circumstances need not be reviewed. If the W-2 agency determines that good cause for noncooperation no longer exists, the parent shall be allowed 10 days before cooperation requirements are imposed to request that the case be closed or request an agency review.
Initial Regulatory Flexibility Analysis
Privately-run W-2 agencies will be affected by the rule change, but the rule will not have a significant economic impact because there is no material change from current procedures.
Fiscal Impact
The proposed rule has no significant fiscal effect.
Contact Information
A paper copy may be obtained at no charge by contacting:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
201 E. Washington Avenue
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
