Rule-making notices
Notice of Hearing
Controlled Substances Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Controlled Substances Board in ss.
961.11 (1) and
961.14, Stats., Stats., and interpreting ss.
961.11 (1) and
961.14, Stats., the Controlled Substances Board will hold a public hearing at the time and place indicated below to consider an order to create ss.
CSB 2.31 and
2.32, relating to the scheduling of two schedule I controlled substances, N-benzylpiperazine (BZP) and 2,5 dimethoxy-4-(n)- propylthiophenethylamine (2C-T-7) under chapter 961, Stats., of the Uniform Controlled Substances Act.
Hearing Date, Time and Location
Date: September 7, 2006
Time: 9:30 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Appearances at the Hearing:
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by September 8, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Explanation of agency authority: The Controlled Substances Board is authorized by s.
961.11 (1) Stats., to add substances to or delete or reschedule substances listed under schedule I, in s.
961.14 Stats., pursuant to the rulemaking procedures of ch.
227, Stats.
Related statute or rule:
21 CFR Sec. 1308.11 (d) (6) and (f) (2)
Plain language analysis:
By final rule of the Drug Enforcement Administration (DEA), adopted effective March 10, 2004, 2,5 dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7) and N-benzylpiperazine (BZP) were classified as schedule I controlled substances under the federal Controlled Substances Act (CSA). Neither 2C-T-7 or BZP have been so scheduled under the Wisconsin Controlled Substances Act in Chapter
961, Stats. The objective of this proposed rule-making is to bring the treatment of this drug into conformity with that at the federal level.
Drugs that are classified as “controlled substances" under federal and state laws are subject to higher civil and criminal penalties for their illicit possession, distribution and use. Health care providers are also subject to greater record keeping requirements respecting their obtaining, prescribing and dispensing of such drugs. This is due to the fact that certain drugs have a greater likelihood of abuse, addiction and adverse consequences to patient health if utilized inappropriately, than do other drugs. In its Year 2003 Annual Report, The National Forensic Laboratory Information System (NFLIS) indicates BZP, a substance with effects similar to amphetamines, in 0.18% of total club drugs reported. The DEA has encountered BZP in Wisconsin and reports that it is often sold as MDMA (“Ecstasy") when combined with TFMPP. Abuse of 2C-T-7, which produces hallucinogenic-like effects, increased in 2000 and has also been encountered at “raves" in Wisconsin. Three deaths have been associated with its consumption. The DEA administers the Controlled Substances Act. This forms the basis for the DEA action.
SECTION 1 schedules 2,5 dimethoxy-4-(n)- propylthiophenethylamine (2C-T-7) into schedule I of the Uniform Controlled Substances Act.
SECTION 2 schedules N- benzylpiperazine (BZP) into schedule I of the Uniform Controlled Substances Act.
Summary of, and comparison with, existing or proposed federal regulation:
21 CFR Sec. 1308.11 (d) (6)- 2,5 dimethoxy-4-(n)- propylthiophenethylamine (2C-T-7).
21 CFR Sec. 1308.11 (f) (2)- N- benzylpiperazine (BZP).
Comparison with rules in adjacent states:
Illinois:
Not scheduled.
Michigan:
Not scheduled.
Minnesota:
Emergency scheduling- schedule I of that state's controlled substances act. [Both substances]
Iowa:
Not scheduled.
Summary of factual data and analytical methodologies:
The Wisconsin Controlled Substances board reviewed the federal rule summary and supplemental information for the scheduling of these two substances, and agrees with the conclusions therein regarding the potential for abuse, no current accepted medical use and lack of medical safety for these two substances. The substances are the specific object of abuse by young adults in the “raves" context, specifically, in Wisconsin.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
Since there is no anticipated impact on small business from this rule, no additional compliance, bookkeeping, reporting, recordkeeping or professional skills are required.
Section
227.137, Stats, requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Entities affected by the rule:
Enforcement agencies; the Wisconsin Department of Justice, local District Attorneys.
Fiscal Estimate
The department finds that the proposed rule will have no significant fiscal impact.
Anticipated costs incurred by private sector:
The department finds that this rule has no significant fiscal effect on the private sector.
Effect on small business:
These proposed rules will be reviewed by the department's small business review advisory committee to determine whether they will have any significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency contact person:
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before September 7, 2006 to be included in the record of rule-making proceedings.
TEXT OF RULE
SECTION 1. CSB 2.31 is created to read:
CSB 2.31 Addition of 2,5 dimethoxy-4-(n)- propylthiophenethylamine (2C-
T-7) to schedule I. (1) Section
961.14 (4) (wh) is created to read:
Section
961.14 (4) (wh) 2,5 dimethoxy-4-(n)- propylthiophenethylamine, commonly known as “2C-T-7";
SECTION 2. CSB 2.32 is created to read:
CSB 2.32 Addition of N- benzylpiperazine (BZP)
to schedule I. (1) Section
961.14 (7) (q) is created to read:
Notice of Hearing
Controlled Substances Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Controlled Substances Board in ss.
961.11 (1) and
961.14, Stats., Stats., and interpreting ss.
961.11 (1) and
961.14, Stats., the Controlled Substances Board will hold a public hearing at the time and place indicated below to consider an order to create ss.
CSB 2.33 and
2.34, relating to the scheduling of two schedule I controlled substances, alpha-methyltryptamine (AMT) and 5-methyox-N, N-diisopropyltryptamine (5-MeO-DIPT) under chapter 961, Stats., of the Uniform Controlled Substances Act.
Hearing Date, Time and Location
Date: September 7, 2006
Time: 9:40 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by September 8, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Explanation of agency authority:
The Controlled Substances Board is authorized by s.
961.11 (1) Stats., to add substances to or delete or reschedule substances listed under schedule I, in s.
961.14 Stats., pursuant to the rulemaking procedures of ch.
227, Stats.
Related statute or rule:
21 CFR Sec. 1308.11 (d) (15) and (19)
Plain language analysis:
By final rule of the Drug Enforcement Administration (DEA), adopted effective October 3, 2004, alpha-methyltryptamine (AMT) and 5-methoxy-N, N-diisopropyltryptamine (5-MeO-DIPT) were classified as schedule I controlled substances under the federal Controlled Substances Act (CSA). Neither AMT nor 5-MeO-DIPT have been so scheduled under the Wisconsin Controlled Substances Act in Chapter
961, Wis. Stats. The objective of this proposed rule-making order is to bring the treatment of these drugs into conformity with that at the federal level.
Drugs that are classified as “controlled substances" under federal and state laws are subject to higher civil and criminal penalties for their illicit possession, distribution and use. Health care providers are also subject to greater record keeping requirements respecting their obtaining, prescribing and dispensing of such drugs. This is due to the fact that certain drugs have a greater likelihood of abuse, addiction and adverse consequences to patient health if utilized inappropriately, than do other drugs. The National Forensic Laboratory Information System (NFLIS) has registered 10 cases of AMT and 12 cases of 5-MeO-DIPT. The Drug Enforcement Agency (DEA) asserts that AMT shares pharmacological effects of amphetamine and LSD and that 5-MeO-DIPT copies the effects of MDMA, both Schedule I hallucinogens. Three deaths have been associated with its consumption. The DEA administers the Controlled Substances Act. This forms the basis for the DEA action. The policy alternative to not scheduling the indicated substances concurrent with federal scheduling will be that state prosecutions will not be available. Generally, state prosecutions at the local level, rather than federal prosecutions, are more likely to occur where smaller amounts of a scheduled substance are involved.
SECTION 1 schedules alpha-methyltryptamine (AMT) into schedule I of the Uniform Controlled Substances Act.
SECTION 2 schedules 5-methoxy-N, N-diisopropyltryptamine (5-MeO-DIPT) into schedule I of the Uniform Controlled Substances Act.
Summary of, and comparison with, existing or proposed federal regulation:
(d)***
(15) Alpha-methyltryptamine (other name: AMT)
********
(19) 5-methoxy-N,N-diisopropyltryptamine (other name: 5-MeO-DIPT)
Comparison with rules in adjacent states:
Illinois: AMT is included in schedule I of that state's controlled substances act.
Michigan: Not scheduled.
Minnesota: Not scheduled.
Iowa: Not scheduled.
Summary of factual data and analytical methodologies:
The Wisconsin Controlled Substances board reviewed the federal rule summary and its basis for the scheduling of these two substances. The National Forensic Laboratory Information System (NFLIS) has registered 10 cases of AMT and 12 cases of 5-MeO-DIPT. The Drug Enforcement Agency (DEA) asserts that AMT shares pharmacological effects of amphetamine and LSD and that 5-MeO-DIPT copies the effects of MDMA, both schedule I hallucinogens. Three deaths have been associated with its consumption.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
Since there is no anticipated impact on small business from this rule, no additional compliance, bookkeeping, reporting, recordkeeping or professional skills are required.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Entities affected by the rule:
Enforcement agencies; the Wisconsin Department of Justice, local District Attorneys.
Fiscal Estimate
The department estimates that the proposed rule will have no significant fiscal impact.
Anticipated costs incurred by private sector:
The department finds that this rule has no significant fiscal effect on the private sector.
Effect on small business:
These proposed rules will be reviewed by the department's small business review advisory committee to determine whether they will have any significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency Contact Person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before September 7, 2006 to be included in the record of rule-making proceedings.
TEXT OF RULE
SECTION 1. CSB 2.33 is created to read:
CSB 2.33 Addition of alpha-methyltryptamine (AMT) to schedule I. (1) Section
961.14 (4) (wi) is created to read:
SECTION 2. CSB 2.34 is created to read:
CSB 2.34 Addition of 5-methoxy-N, N-diisopropyltryptamine (5-MeO-DIPT) (1) Section
961.14 (4) (wj) is created to read:
Section
961.14 (4) (wj) 5-methoxy-N, N-diisopropyltryptamine, commonly known as “5-MeO-DIPT";
Notice of Hearings
Natural Resources
NOTICE IS HEREBY GIVEN that pursuant to s.
823.075 (1) (d), Stats., interpreting s.
823.075 (1) (d), Stats., the Department of Natural Resources will hold public hearings on the creation of s.
NR 1.25, Wis. Adm. Code, relating to the definition of “generally accepted forestry management practices".
2005 Wisconsin Act 79 created s.
823.075 (1) (d), Stats., which requires the to define “generally accepted forestry management practices" and allows the Department to incorporate into the definition, by reference, the most recent version of the Department publication entitled Wisconsin Forest Management Guidelines. The proposed rule requires updates to the Forest Management Guidelines a minimum of every five years and requires the Department to use a process that incorporates public participation, including public comments.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at
SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Tuesday, August 29, 2006 at 4:00 p.m.
Conference Room, DNR Service Center
107 Sutliff Ave.
Rhinelander
Wednesday, August 30, 2006 at 4:00 p.m.
Room 150, State Office Building
718 W. Clairemont
Eau Claire
Thursday, August 31, 2006 at 1:00 p.m.
Gathering Waters Room, DNR South Central Region Hdqrs.
3911 Fish Hatchery Road
Fitchburg
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Carmen Wagner at (608) 266-1667 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Impact
The rule proposal will result in increased costs of $37,44 annually. While the publication may only be updated a minimum of every five years, the review of new guidance/policy to determine if an update to the publication is required will be an on-going activity.
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Ms. Carmen Wagner, Division of Forestry, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 15, 2006. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Wagner.
Notice of Hearing
Podiatrists Affiliated Credentialing Board
Hearing Date, Time and Location
Date: September 26, 2006
Time: 9:30 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Appearances at the Hearing:
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by September 26, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Explanation of agency authority: The Podiatrists Affiliated Credentialing Board has the authority under s.
448.665, Stats., to promulgate rules relating to continuing education.
Related statute or rule: There are no other related statutes or rules other than those listed above.
Plain language analysis: Chapter
Pod 3 sets forth the requirements for obtaining continuing education for podiatrists. Each biennium, podiatrists are required to obtain 50 hours of acceptable continuing education. Under the current rule, licensees may apply to the board for a waiver of this requirement provided they become ill, have a disability, or another similar circumstance. This proposed rule-making is intended to provide greater flexibility because it permits the board to consider postponing the continuing education requirements and to consider other circumstances besides disability or illness in making its determinations.
SECTION 1 amends the statutory citation for “controlled substance" to the correct cite.
SECTION 2 amends an incorrect statutory citation to the correct citation.
SECTION 3 amends an incorrect statutory citation. It also amends the requirements for obtaining a waiver of continuing education requirements by permitting the board to consider each request individually on its merits and to allow it to grant a postponement, partial waiver, or total waiver of the requirements.
SECTION 4 amends an incorrect statutory citation to the correct citation.
Summary of, and comparison with, existing or proposed federal regulation:
There is no existing or proposed federal regulation.
Comparison with rules in adjacent states:
Iowa
First time licensees are not required to complete continuing education as a prerequisite for license renewal. An exemption is allowed for disability or illness.
Illinois
The board may recommend a waiver for good cause, which includes illness or hardship as defined by rule. The rule requires a finding of “extreme hardship," including full time service in the Armed Forces, incapacitating illness with physician documentation, physical inability to travel to continuing education sites, or other similar extenuating circumstances.
Michigan
A 60 day late renewal period is allowed. The board has defined guidelines setting forth the policy the board will follow in granting waivers. Disability, military service, absence from the continental United States, or circumstances beyond the control of the applicant is deemed sufficient for waiver by the board.
Minnesota
In the initial licensure period, a fraction of the 30 hours required must be satisfied, represented by the ratio of the number of days the license is held in the initial licensure period to 730 days. A six month extension of the reporting deadline is allowed and two consecutive extensions may be granted for “good cause," which includes unforeseen hardships such as illness, family emergency and military call-up.
Summary of factual data and analytical methodologies:
Continuing education rules for other professions regulated by boards connected to the Department of Regulation and Licensing allow for hardship exceptions and exemptions for initial licensees in their first full cycle of licensure. These provisions make reasonable allowances for not completing the continuing education requirements.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
There are no additional recordkeeping or bookkeeping requirements for small businesses, the rule does not increase reporting requirements, and no professional skill, training or credential is required beyond those that must currently be maintained.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Anticipated costs incurred by private sector:
The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal Estimate
The department finds that this rule will have no significant fiscal impact.
Effect on small business:
These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency Contact Person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before September 26, 2006 to be included in the record of rule-making proceedings.
TEXT OF RULE
SECTION 1. Pod 1.02 (2) is amended to read:
Pod 1.02 (2) “Controlled substance" has the meaning under s. 961.10 961.01 (4), Stats.
SECTION 2. Pod 1.09 (4) is amended to read:
Pod 1.09 (4) The holder of a locum tenens license to practice podiatric medicine and surgery shall practice podiatric medicine and surgery as defined in s. 448.01 (8) 448.60 (4), Stats., providing the practice is confined to the geographical area for which the license is issued.
SECTION 3. Pod 3.01 (1) and (2) are amended to read:
Pod 3.01 Continuing podiatric medical education required; waiver. (1) Each podiatrist required to complete the biennial training requirement under s. 448.465
448.665, Stats., shall, in each second year at the time of making application for a certificate of registration as required under s. 448.465 448.665, Stats., sign a statement on the application for registration certifying that the podiatrist has completed at least 50 hours of acceptable continuing educational programs relevant to the practice of podiatric medicine within the 2 calendar years immediately preceding the calendar year for which application for registration is made.
(2) A licensee may apply to the board for a postponement or waiver of the requirements of this chapter on the grounds of prolonged illness or, disability
, or other similar circumstances, and each case shall be individually considered on its merits by the board grounds constituting hardship. The board shall consider each request individually on its merits and may grant a postponement, partial waiver, or total waiver of the requirements.
SECTION 4. Pod 3.02 (1) (intro.) is amended to read:
Pod 3.02 Acceptable continuing medical educational programs. (1) (intro.) In satisfaction of the biennial training requirement under s. 448.465 448.665, Stats., the board shall accept an educational program approved at the time of the podiatrist's attendance by any of the following:
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to ss.
115.55 (9) and
227.11 (2) (a), Stats., and interpreting s.
118.55, Stats., the Department of Public Instruction will hold a public hearing as follows to consider the amending of chapter PI 40, relating to the youth options program.
The hearing will be held as follows:
Date, Time and Location
September 5, 2006, Madison
3:30 – 4:30 p.m.
GEF 3 Building, 125 South Webster St., Room 041
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Beth Lewis, Consultant, at (608) 267-1062 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 mail or email address no later than September 12, 2006, will be given the same consideration as testimony presented at the hearing.
Analysis by the Department of Public Instruction
Statute interpreted: s.
118.55, Stats.
Explanation of agency authority: Section
118.55 (9), Stats., requires the department to promulgate rules to implement and administer this program.
Related statute or rule: None.
Plain language analysis:
2003 Wisconsin Act 131 modified the youth options program under s.
118.55, Stats. Chapter
PI 40 will be modified to conform to the changes made under the Act, including:
Repealing the provision which required a school district to pay for ½ of comparable courses (up to six credits) for a pupil who attended a technical college for 10 or more credits in any semester.
Repealing the prohibition against taking more than 15 credit hours per semester at an IHE and the prohibition against participating in the youth options program for more than two semesters once the pupil gains 12th grade status.
Allowing a school district to establish a policy limiting its payment to the equivalent of 18 postsecondary semester credits for noncomparable courses taken for high school credit at an institution of higher education or technical college.
Providing that if a pupil receives a failing grade or fails to complete a course for which the school board has made payment under the program, the pupil's parent or guardian (or the pupil if he or she is an adult) must reimburse the school board upon the school board's request. If a school board has requested reimbursement and has not been reimbursed, the pupil is ineligible to participate in the program.
Providing that a technical college must admit an eligible pupil (unless the pupil is rejected because of disciplinary problems) if there is space available in the course after admission of individuals who are not attending the technical college under the program. This provision clarifies that pupils under the program do not take priority for admission over others applying to attend a technical college as a postsecondary student.
The rules will also make the following technical modifications:
Clarifying that regardless of whether the pupil plans to attend an IHE or technical college, only one deadline applies (May 15 for the fall semester and November 15 for the spring semester) to school boards when notifying the pupil of its determinations of high school credit.
Replacing the term “child with exceptional educational needs" with “child with a disability" to be consistent with terminology used under subchapter V of chapter 115, Stats.
Clarifying provisions relating to payment for equipment under the program.
Adding a web address to notes within the rules to allow easier accessibility to forms and other information referenced in the rules.
Eliminating the requirement that the state superintendent's decisions be sent by certified mail.
Summary of, and comparison with, existing or proposed federal regulations: None.
Comparison with rules in adjacent states:
According to the 2001 Postsecondary Options: Dual/Concurrent Enrollment Report compiled by the Education Commission of the States Center for Community College Policy, the following is a summary of similar programs offered in states adjacent to Wisconsin:
Illinois: Generally students are taught by college faculty, either at the college or high school or through distance education. The Board of Education encourages AP courses. The Illinois Community College Board has developed policies governing admission to postsecondary courses by high school students. The board also has developed funding policies for dual enrollment courses. Most college courses are offered by community colleges. The student or school district pays for courses. It is a local decision as to who pays the tuition costs for dually enrolled students.
Iowa: Generally students are taught by college faculty, either at the college or high school or through distance education. The program allows 11th and 12th grade students to enroll part time in nonsectarian college courses in eligible institutions. A gifted and talented student, according to the school's criteria, may also enroll in college courses. A student may enroll part-time in an eligible postsecondary institution for no more than four semester terms or six quarter terms unless identified as a gifted and talented 9th- or 10th-grade student. Students may enroll in any of the three state universities, the 15 public community colleges, and accredited private institutions as defined in Iowa's code and are eligible for the Iowa Tuition Grant Program. Students must meet entrance requirements for postsecondary courses as determined by the postsecondary institution before they can enroll. Students may not enroll in eligible postsecondary courses if the high school in which a student is enrolled offers a comparable course. The student or school district pays for the courses. If the student does not successfully complete the college courses, the student must pay.
Michigan: Generally students are taught by college faculty, either at the college or high school or through distance education. The program allows high school students to participate in dual enrollment or other postsecondary options. Qualified students for dual enrollment must take the MEAP High School Test and must be endorsed in the subject area in which they wish to dually enroll. If a subject has no endorsement, students are eligible to dually enroll in those areas as long as they have taken the MEAP High School Test. An eligible student must be enrolled in at least one high school class in at least grade 11in a school district in Michigan, except a foreign exchange student enrolled under a cultural exchange program. The postsecondary enrollment options program establishes eligibility criteria for students, institutions and courses. It mandates eligible charges for tuition, course fees and registration fees that can be charged to a school district. It creates requirements for enrollment and credit. The program requires schools to provide postsecondary options counseling and mandates school districts to report to the Department of Education. The school district pays for the courses.
Minnesota: Generally students are taught by college faculty, either at the college or high school or through distance education. This is the oldest dual enrollment program in the United States. All high school juniors/seniors, except cultural exchange students, and some adults 21 years of age who do not have a high school diploma, are eligible to participate under the High School Graduation Incentives Act. Students may enroll in any public or private postsecondary institution. The student may only enroll in nonsectarian courses. The student or the state pays for the courses.
Summary of factual data and analytical methodologies:
The statutory language relating to the Youth Options program under s.
118.55, was modified thereby necessitating the amending of its corresponding administrative code, Chapter
PI 40.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: N/A
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
The proposed rule itself is not expected to have a fiscal effect separate from the legislation modified under the Act. Therefore, this fiscal note is based on the provisions in
2003 Wisconsin Act 131. The provisions under the Act which may have a fiscal effect on school district costs include:
1. Repealing the provision which required a school district to pay for ½ of comparable courses (up to six credits) for a pupil who attended a technical college for 10 or more credits in any semester. The amount saved by a school district would depend on the number of pupils participating in the technical college, the total number of credits taken, the total number of comparable credits taken, and the district's average per pupil cost in the previous school year. These amounts are indeterminate. This provision will have no state fiscal effect.
2. Repealing the prohibition against taking more than 15 credit hours per semester at an institution of higher education (IHE) and allowing a school district to establish a policy limiting its payment to the equivalent of 18 postsecondary semester credits for noncomparable courses taken for high school credit at an IHE or technical college. The amount saved by a school district would depend on whether it elects to establish a policy limiting its payment to 18 postsecondary semester credits for noncomparable courses taken at an IHE or technical college. If a district does establish such a policy, payment could be limited to 18 semester credits taken over 4 semesters. Using the statutory payment for private universities under s.
118.55 (1) (c), Stats., of $273 per semester credits, payment over 4 semesters would be $4,914 (18 semester credits X $273 per credit). Under the previous language, a district could pay up to $16,380 (15 semester credits X 4 semesters X $273 per credit). This provision will have no state fiscal effect.
3. Providing that if a pupil receives a failing grade or fails to complete a course for which the school board has made payment under the program, the pupil's parent or guardian (or the pupil if he or she is an adult) must reimburse the school board upon the school board's request. This provision benefits school districts fiscally by allowing them to recover tuition or fees paid for courses that a pupil drops or fails. Because it is unknown how many pupils fail or drop courses or whether a school district could actually recover the payment from the pupil or his or her parent, these fiscal benefits are indeterminate. This provision will have no state fiscal effect.
4. Eliminating the requirement that the state superintendent's decisions be sent by certified mail. The department sends approximately 20 letters a year at $2.40 per letter for a savings of $48 annually. This provision will have no local fiscal effect.
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.
