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 August 31, 2005, will be given the same consideration as testimony presented at the hearing.
Analysis by the Department of Public Instruction
Explanation of agency authority:
The Department is responsible for administering the Public School Open Enrollment Program under s.
118.51, Stats. Section
118.51 (3) (a) 1., Stats., requires parents who wish to participate in the program to submit an application “on a form provided by the department . . ." Further, s.
118.51 (15), Stats., requires the department to prepare and make available to parents the application form required under sub. (3) (a) 1.
Chapter
PI 36 contains the administrative rules for the program, including requirements pertaining to submitting an application for open enrollment.
Because the department is responsible for administering the open enrollment program and the forms required under s.
118.51, Stats., s.
PI 36.03 (1) (d) is being amended pursuant to rule-making authority granted under s.
227.11 (2) (a) and
(b), Stats.
Related statute or rule: None.
Plain language analysis: Section
PI 36.03 (1) (d) requires a parent to sign the open enrollment application form. If parents are divorced or legally separated, both parents are required to sign the form.
This proposed rule would repeal the requirement that both custodial parents must sign the form.
Summary of, and comparison with, existing or proposed federal regulations: There are no similar existing or proposed federal regulations concerning inter-district open enrollment programs.
Comparison with rules in adjacent states:
Illinois has no open enrollment program. Michigan has a limited open enrollment program but there is no application available for review. Iowa and Minnesota have statewide open enrollment programs but do not require more than one signature on the application form.
Summary of factual data and analytical methodologies:
Current administrative rules require a parent to sign the open enrollment application. If parents are divorced or legally separated, both parents are required to sign the form. The Department proposes to repeal the requirement for both custodial parents to sign the form.
This provision was intended to require parents to keep each other informed and to keep school districts out of the middle of the situation. However, it has created a hardship in cases where one custodial parent cannot be located.
In other cases, the rule has had the opposite of the desired effect. The open enrollment period is only three weeks long and custody issues can be very complicated. Three weeks can be too short a time to have the issue resolved, especially when mediation and/or family court are involved. Requiring both signatures before the issue has been resolved reduces the child's educational options. And occasionally, school districts are drawn into the disagreement, rather than be insulated from it.
The open enrollment form is an application only. Allowing one of the custodial parents to sign the form, even without informing the other, is not determinative of where the child must go to school. That question must be resolved in the way all joint custodial decisions are made. But it keeps the open enrollment option open until such time as the parents can make a joint decision.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: None.
Anticipated costs incurred by private sector: None.
Effect on small business: The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Fiscal Estimate
These proposed rules have no state or local fiscal effect. The proposed rules have no fiscal effect on 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.
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to ss.
119.23 (2) (b) and
(11) and
227.11 (2) (a), Stats., and interpreting s.
119.23 (2) (b), Stats., the Department of Public Instruction will hold a public hearing as follows to consider emergency rules amending of Chapter
PI 35, relating to the prorate method to be used under the Milwaukee Parental Choice Program. The emergency rules became effective August 1, 2005. The hearing will be held as follows:
Date and Time Location
August 31 , 2005 Milwaukee
4:00 – 6:00 p.m. Milwaukee Area Technical College
700 W. State St.
Room S-120
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please contact Lisa Geraghty, Consultant, Milwaukee Parental Choice Program,
elisabeth.geraghty@dpi.state.wi.us, (608) 266-0523, or leave a message with the Teletypewriter (TTY), (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 mailing or email address no later than September 2, 2005, will be given the same consideration as testimony presented at the hearing.
Analysis by the Department of Public Instruction
Explanation of agency authority:
Under s.
119.23 (2) (b), Stats., no more than 15% of the Milwaukee Public Schools' membership may attend private schools participating in the program. If in any school year there are more spaces available in the participating private schools than the maximum number of pupils allowed to participate, the department is required to prorate the number of spaces available at each participating private school. 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.
Section
119.23 (11), Stats., gives the department authority to promulgate rules to implement and administer the entire program.
Court decisions directly relevant: None.
Related statute or rule: None.
Plain language analysis:
Under s.
119.23 (2) (b), Stats., no more than 15% of Milwaukee Public School's (MPS) membership (approximately 15,000 students) may attend private schools under the MPCP. The department is required to prorate the number of spaces available at each participating private school if in any school year there are more spaces available than the maximum number of students allowed to participate in the program.
The proposed rules establish a process by which the number of seats will be prorated among all participating private schools if there are more pupil applications submitted than the statutory limit permits to participate. Under the proposed rule, the application periods for students applying to start school in the fall of 2005 would end by August 20, 2005. The department would calculate the number of spaces available after processing eligible student applications and the private school's 3rd Friday in September membership reports received at the department by October 1, 2005, and divide any remaining spaces by the number of eligible private schools interested in accepting additional students. Each interested school would receive an equal number of spaces. Participating private schools would fill the seats first from their established waiting lists, if applicable, and second from applications accepted in November and December.
Summary of, and comparison with, existing or proposed federal regulations: None.
Comparison with rules in adjacent states: None.
Summary of factual data and analytical methodologies:
The department anticipates the program reaching the 15% cap in the 2005-06 school year. By October 25, 2005, the department will determine the number of seats available, prorate any remaining seats equally among all participating private schools, and notify the private schools of pupils each private school may enroll in the program for the remainder of the school year. The department would like the rule in place as soon as possible in order to provide adequate notice to participating schools and parents.
The prorating process established in this emergency rule is different from that proposed in Clearinghouse Rule (CHR) 04-069 which was objected to by the Assembly Education Reform Committee on October 20, 2004, and the Joint Committee for Review of Administrative Rules on December 16, 2004. To prohibit the department from selecting pupils for the Milwaukee Parental Choice Program on a random basis as proposed in CHR 04-059, Senate Bill 8 and Assembly Bill 8 were introduced in the legislature on January 13 and 18, 2005, respectively. The bills were introduced as required under s.
227.19 (5) (e), Stats., in support of the objection of the committees.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: None.
Anticipated costs incurred by private sector: None.
Fiscal Estimate
Section
119.23 (2) (b), Stats., requires the department to establish a proration method to utilize when there are more spaces available in the participating private schools than the maximum number of pupils allowed to participate. No more than 15% of Milwaukee Public School's (MPS) membership (approximately 15,000 students) may attend private schools under the MPCP. The rules establish a process by which the number of seats will be prorated among all participating private schools if there are more pupil applications submitted than the statutory limit permits to participate.
These rules will not have a fiscal effect on the private schools participating in the program, MPS, 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.
