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 mailing or email address no later than January 19, 2005, will be given the same consideration as testimony presented at the hearing.
Analysis by the Department of Public Instruction
Statutory authority: ss.
118.43 (6m), Stats and 227.11 (2) (a), Stats.
Explanation of agency authority:
Section
118.43 (6m), Stats., requires the department to promulgate rules to implement and administer the payment of state aid under s.
118.43 (6), Stats.
Because the department is interpreting the provisions of this statute and administers/enforces the program governed by it, s.
227.11 (2) (a), Stats., gives the department general rule-making authority.
Court decisions directly relevant: None.
Related statute or rule: None.
Plain language analysis:
The department is required to promulgate rules to implement and administer the payment of state aid under the student achievement guarantee in education (SAGE) program. By statute, the department must pay an amount not to exceed $2,000 multiplied by the number of low-income pupils enrolled in grades kindergarten to 3.
The proposed rules establish 3 calculation periods for the department and provide eligible schools with 3 reporting periods in October, January, and March. The proposed rules establish deadlines in each reporting period for eligible schools to report low-income pupils for aid under the SAGE program. If funds are insufficient in any calculation period to award $2,000 per low-income pupil, the payment will be prorated. If adequate funds remain after any calculation period, the department will notify eligible schools that they may report any additional low-income pupils who were enrolled on the third Friday in September but for whom low-income status was not submitted or eligibility was not determined on or before the reporting dates in October, January or March.
Summary of, and comparison with, existing or proposed federal regulations: Title II-A under the No Child Left Behind Act allows federal money to be used for class size reduction initiatives but does not specify what those initiatives must be. The Act provides non-regulatory guidance only.
Comparison with rules in adjacent states: Illinois, Iowa, Michigan, and Minnesota do not have administrative rules relating to state-funded class size reduction programs.
Summary of factual data and analytical methodologies: The proposed rules codify current practice.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: Not applicable.
Anticipated costs incurred by private sector: None.
Fiscal Estimate
The department is required to promulgate rules to implement and administer the payment of state aid under the student achievement guarantee in education (SAGE) program. The rules, as required by statute, specify that the department may award no more than $2000 per low-income pupil enrolled in grades kindergarten to 3 to eligible schools. The rules establish 3 calculation periods for the department and 3 reporting periods for eligible schools in October, January, and March. If funds are insufficient in any calculation period, the rules allow the department to prorate the $2000 per low-income student. If adequate funds are available in any calculation period, the rules allow eligible schools to report to the department and receive funds for additional pupils who were enrolled on the third Friday in September but for whom documentation of low-income status was not submitted or determined until a later date.
There is a possibility in the future that some low-income pupils in eligible schools would not receive funding under the proposed rules if the eligible school does not claim the pupil in the October reporting/calculation period and all appropriated funds are allocated in that initial calculation of state aid. Under past practice, all low-income pupils reported by eligible schools would have received a prorated amount.
The rules will have no fiscal effect on the department or small businesses.
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s.
227.114 (1) (a), Stats.
