• Allow the board to use a surety bond on which it collects for a teach-out.
The proposed rule would allow the board to use bond proceeds to contract with a provider to teach-out students affected by a school that cannot fulfill its obligations to provide certain education or training services. This authority would help to ensure that a student completes the education or training that they had initially intended to attain.
• Amend the retention of records by schools.
Under current rule, a school only needs to retain student records for 6 years after graduation or the last date of enrollment. This provision clarifies that a school must keep student transcripts indefinitely.
• Create a provision for the retention of closed school records by the board.
In certain situations, the board has become the custodian of student records (e.g., when a school closes and the board secures them to ensure their safekeeping). This provision specifies that the student records in the possession of the board are to be maintained in accordance with retention and disposition authorization procedures established by the state records board and the federal family educational rights and privacy act (FERPA) of 1974.
• Amend the refund provisions pertaining to partial refunds.
Under current rules, there are no provisions that address refunds to students who withdraw or are dismissed prior to beginning classes. This rule clarifies that students who have not started classes are entitled to a partial refund, as determined by rule. In addition, to facilitate refund determinations involving students who stop attending classes but fail to inform the school, the proposed rule will require all schools to have a constructive notice of an intention to withdraw policy. This provision was (inadvertently) eliminated when the rule was last revised.
• Create specific provisions regarding the regulation of distance learning.
Section
45.54 (2), Stats., states that the purpose of the educational approval board is to protect the general public by “approving schools
…doing business within the state whether located within or outside this state
…" Further, s.
EAB 4.01 (1) states, “[a] school shall not operate, conduct business, offer any programs, advertise or enroll students unless it has been approved or determined to be exempt." Clearly, out-of-state, on-line schools offering programs via distance learning to Wisconsin residents are subject to EAB oversight and regulation.
The educational approval board's current regulatory framework and fee structure for initial school approval was based on an assumption that out-of-state schools delivered programs to classes of students at specific Wisconsin locations. With distance learning via the Internet, delivery is no longer place specific and a new fee structure must reflect this new reality.
Through distance learning, schools can now offer programs in all 50 states and have no physical presence. As in the traditional school model, online schools make money by enrolling classes of students, but those classes are no longer tied to a location. For example, an online class can literally consist of 20 students in 20 different states. Based on the EAB's current fee structure, it can be cost prohibitive for schools to be approved to offer online courses in Wisconsin.
Confronted with this reality, an online school will choose to either not operate in the state or ignore the approval requirements. While a school that chooses not to operate in the state ultimately limits the educational opportunities available to Wisconsin residents, a school that ignores the need for approval sets in motion an enforcement effort that is legally complex, expensive, and time consuming.
Under current rule, a school meeting certain conditions may be granted a fee reduction. While this fee reduction might provide some relief, it is not an effective way to deal with the issue presented by distance learning providers. Moreover, the fee reduction was intended to address larger, traditional institutions.
The EAB seeks to address the reality of distance learning by more fairly regulating online schools, while maintaining adequate oversight. An initial school approval fee that recognizes the unique characteristics associated with online instruction will help encourage providers to have their online programs approved in Wisconsin. As required under s.
45.54 (10) (c), Stats., the new fee structure would need to be sufficient to cover the costs incurred by the EAB to approve the school.
• The rule makes changes to correct erroneous technical information and inconsistent references to other provisions.
During the last rule update, a number of references were inadvertently amended to reference erroneous provisions. The proposed rule amends those provisions to correct these errors.
Fiscal Estimate
This rule has no fiscal effect.
Initial Regulatory Flexibility Analysis
The proposed rule relates to small businesses that operate as private postsecondary schools. In general, the rule clarifies and updates existing rule provisions. Therefore, it has been determined that this rule will not significantly affect the administrative functions or the professional skills required in order to comply with the rule.
Copies of the Rule and Contact Person
Copies of this proposed rule are available without cost upon request to:
Blanca James
Educational Approval Board
30 W. Mifflin Street, 9th Floor
P.O. Box 8696
Madison, Wisconsin 53708
Questions regarding the rule should be directed to David Dies at 608/267-7733.
Notice of Hearing
Notice is hereby given that, pursuant to s.
253.13 (1), Stats., the Department of Health and Family Services will hold a public hearing to consider both the emergency rules and proposed permanent rules creating s.
HFS 115.04 (9) to
(13), Wis. Admin. Code, relating to screening of newborns' blood for congenital and metabolic disorders.
Hearing Information
The public hearing will be held:
Tuesday, December 17, 2002 at 2:00 p.m.
Conference Room B139
State Office Building
1 West Wilson Street
Madison, WI
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Department of Health and Family Services
The early identification of particular congenital and metabolic disorders that are harmful or fatal to persons with the disorders is critical to mitigating the negative effects of such disorders. Therefore, s.
253.13, Stats., requires that every infant born be subjected to blood tests for congenital and metabolic disorders, as specified in administrative rules promulgated by the Department. Parents, however, may refuse to have their infants screened for religious reasons. The Department has issued ch.
HFS 115, Screening of Newborns for Congenital and Metabolic Disorders, to administer this statutory requirement. Currently, s.
HFS 115.04 lists eight congenital and metabolic disorders for which the state hygiene laboratory must test newborn blood samples.
In determining whether to add or delete disorders from the list under ss.
HFS 115.04 and
115.06 directs the Department to seek the advice of persons who have expertise and experience with congenital and metabolic disorders. For this purpose, the Department established the Wisconsin Newborn Screening Umbrella Advisory Group. Section
HFS 115.06 also lists six criteria on which the Department must base its decision to add to or delete disorders from s.
HFS 115.04. These criteria are:
1. Characteristics of the specific disorder, including disease incidence, morbidity and mortality.
2. The availability of effective therapy and potential for successful treatment.
3. Characteristics of the test, including sensitivity, specificity, feasibility for mass screening and cost.
4. The availability of mechanisms for determining the effectiveness of test procedures.
5. Characteristics of the screening program, including the ability to collect and analyze specimens reliably and promptly, the ability to report test results quickly and accurately and the existence of adequate follow-up and management programs.
6. The expected benefits to children and society in relation to the risks and costs associated with testing for the specific condition.
In consideration of these criteria, the Wisconsin Newborn Screening Umbrella Advisory Group recently recommended that the Department add five aminoacidopathies, i.e., amino acid-related disorders, to the eight disorders currently screened for and listed in s.
HFS 115.04. These disorders are:
· Maple Syrup Urine Disease;
· Homocystinuria;
· Tyrosinemia;
· Citrullinemia; and
· Argininosuccinic Acidemia.
Persons with these disorders can experience serious medical consequences such as failure-to-thrive, developmental delays, seizures, mental retardation and death.
The additional costs associated with these five additional screening tests is less than a dollar per baby screened because the amino acids in the blood sample are measured simultaneously with the acylcarnitines for Fatty Acid Oxidation and Organic Acidemias. In the absence of this screening, the Department estimates the annual Wisconsin costs for these disorders to be $144,909. The Department also estimates the annual Wisconsin costs of this screening to be $29,134. Therefore, the cost benefit from these five screening tests is $115,775.
The Advisory Group also recommended that the Department immediately begin screening newborns for these additional disorders. Before this testing can begin, the Department must change its rules to add the five new disorders to the existing list under s.
HFS 115.04. Therefore, the Department issued identical emergency rules that became effective on October 12, 2002. These proposed permanent rules are intended to replace the emergency rules currently in effect.
Fiscal Estimate
This rule change adds 5 amino acid-related disorders to the 8 disorders currently screened for under s. HSS. 115.04. Minimal additional laboratory resources are needed because the amino acids are measured simultaneously with the acylcarnitines for Fatty Acid Oxidation and Organic Acidemias. The additional costs to screen for aminoacidopathies is less than $1.00 per specimen. Therefore, there is no anticipated increase in the surcharge during the proposed five-year pilot phase of adding these tests. The annual Wisconsin costs due to implementation of screening will total approximately $29,000 and will be absorbed by the current lab and surcharge funds.
The Department anticipates a $115,000 savings with early diagnosed and treated patients because they will require less hospitalization and other medical care.
Initial Regulatory Flexibility Analysis
The rule changes will not affect small businesses as “small business" is defined in s.
227.114 (1) (a), Stats.
Contact Information
Sonja Blihovde
Division of Public Health
Family Health Section
P.O. Box 2659, Madison, WI 53701-2559
Ph. 608-267-7148 or,
if you are hearing impaired,
1-800-947-3524 (TTY)
Fax 608-267-3824
If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter, or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments on the proposed rule received at the above address no later than Wednesday, December 20, 2002, will be given the same consideration as testimony presented at the hearing.
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss. ss.
29.014 (1),
29.041,
29.519 (1) (b),
227.11 (2) (a) and
227.24, Stats., interpreting ss.
29.014 (1),
29.041 and
29.519 (1) (b), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FH-47-02(E) relating to commercial and home use fishing for lake trout in Lake Superior. This emergency order took effect on November 1, 2002. This emergency order revised the allocation of lake trout among home use and non-Indian commercial fishers and the Red Cliff and Bad River bands.
The harvest of lake trout from Wisconsin waters of Lake Superior is guided by the 1995 State-Tribal Lake Superior Agreement among the Department and the Red Cliff and Bad River Bands of Lake Superior Chippewa. Wisconsin waters of Lake Superior are divided into two management areas, W-1 and W-2. The agreement was recently amended to change the allowable harvest of lake trout. The harvest limit for W-1 will remain at 14,500. In W-2, the harvest limit will be increased from 89,900 to 112,100.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Friday, December 13, 2002 at 10:00 a.m.
Room 511, GEF #2
101 South Webster Street
Madison
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call William Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The department does not expect these revisions to have a fiscal impact at the state or local level.
