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 Mr. Martye Griffin, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 23, 2007. 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 Mr. Griffin.
Notice of Hearing
Natural Resources
(Environmental Protection-Air Pollution Control, Chs.
NR 400—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
285.11 (1),
285.13 and
285.17, Stats., interpreting ss.
285.11 (1),
285.13 and
285.17, Stats., the Department of Natural Resources will hold a public hearing on revisions to chs.
NR 406,
407 and
445, Wis. Adm. Code, relating to the timeline for implementation of air permit and hazardous air pollutant requirements for emissions associated with agricultural waste and minor technical corrections. The State Implementation Plan developed under s.
285.11 (6), Stats., is also revised.
The proposed rule will extend the compliance deadline to July 31, 2011 for air permit and hazardous air pollutant requirements associated with agricultural waste under chs.
NR 406,
407 and
445. The reason this rule is needed is that results of ongoing state and federal air monitoring studies of animal feeding operations will not be available in time to support implementation of current rules by the July 2007 and June 2008 compliance deadlines. Extension of the compliance deadline to July 31, 2011 will allow sufficient time for completion of these studies and development of compliance plans by affected sources. When the original rule language was adopted in 2004, it was anticipated that these study results would be available to support timely rule implementation.
The results of the state study will be available by mid-2008 and results of the federal study will be available by mid-2010. The study results will provide an emissions estimation methodology for calculating emissions associated with agricultural waste, which is necessary to determine rule applicability and compliance options.
In addition, this proposal includes minor technical corrections to ch.
NR 445.
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rules may have an impact on small businesses as follows:
a. Types of small businesses affected: Sources of hazardous air emissions associated with agricultural waste. It is anticipated this rule will impact large livestock operations.
b. Description of reporting and bookkeeping procedures required: None
c. Description of professional skills required: None
Environmental Analysis
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.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
September 10, 2007 Room 511
Monday GEF #2 Office Building
at 1:30 p.m. 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 Bob Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The proposed changes have no fiscal impact on state or local governments.
Assumptions used in arriving at fiscal estimate
This proposal is to extend the compliance deadline to July 31, 2011, for air permit and hazardous air pollutant requirements associated with agricultural waste. In addition, this proposal includes minor technical corrections to ch.
NR 445. No action is required by local government. No new costs are associated with these proposed changes, neither to the private sector nor to government.
Copies of Rule, Written Comments, Contact Person
The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. (Search this Web site using the Natural Resources Board Order No. AM-24-07. Written comments on the proposed rule may be submitted via U.S. mail to Ms. Eileen Pierce, South Central Regional Air and Waste Leader, 3911 Fish Hatchery Road, Madison, WI 53711 or by e-mail to
Eileen.Pierce@wisconsin.gov. Comments may be submitted until September 14, 2007. 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. If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate may be obtained from Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling (608) 266-2856.
Notice of Hearings
Public Instruction
Hearing Information
The hearings will be held as follows:
Date and Time Location
August 20, 2007 Eau Claire
3:00 – 5:00 p.m. UW Eau Claire
Schneider Hall
1702 Park Avenue
Room 225
August 22, 2007 Stevens Point
3:00 – 5:00 p.m. UW – Stevens Point
CPS Building
1901 Fourth Avenue
Room 116
August 23, 2007 Madison
3:00 - 5:00 p.m. GEF 3 Building
125 South Webster Street
Room 041
The hearing sites are fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Chrystyna Mursky, Consultant, Gifted and Talented, at (608) 267-9273 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, Written Comments, 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 August 24, 2007, will be given the same consideration as testimony presented at the hearing.
Analysis by the Department of Public Instruction
Statute interpreted
Statutory authority
Agency authority
Section
118.35 (2), Stats., requires the state superintendent to establish guidelines for the identification of gifted and talented pupils by rule.
Section
121.02 (5), Stats., requires the department to promulgate rules to implement and administer the 20 school district standards under s.
121.02 (1), Stats. Gifted and talented is one of those standards.
Related statute or rule
Section
118.35, Stats., programs for gifted and talented pupils.
Plain language analysis
In
Todd Palmer v. The State Of Wisconsin Department Of Public Instruction, the Court instructed the department to promulgate a rule establishing guidelines for identifying gifted and talented pupils as required under s.
118.35 (2), Stats., because its current rule under s.
PI 8.01 (2) (t), is not sufficient.
Therefore, the department is modifying s.
PI 8.01 (2) (t) to establish more specific guidelines for the identification of gifted and talented pupils. The rule requires the school district board to identify pupils in grades kindergarten through grade 12 in the five areas specified in statute. Multiple measures must be used to build a pupil profile, instruments and measures must be validated for the specific purposes for which they are being used, and the identification process and tools must be responsive to the pupil's economic conditions, race, gender, culture, native language, developmental differences, handicapping conditions, and other factors.
Federal regulations
N/A
Surrounding states regulations
• Illinois – Illinois' rules apply only to locally developed GT programs for which state funding is sought. Illinois State Code requires the use of multiple measures (3 or more); the measures must be valid for their purpose; the process must be fair and impartial; and assessment instruments must be sensitive to inclusion of underrepresented groups. Illinois also requires an appeals process. Illinois' State Code allows any “area of aptitude" to be identified, but there is “an emphasis on" language arts and math (the top 5% locally must be identified in these two areas). The identification process must be of equal rigor in each area of aptitude but does not specify identification can be in more than one area. Finally, a procedure for notifying parents of identification results must be provided and there must be an annual report to the parents and community.
• Iowa – Iowa requires a school improvement plan be in place for each district. The plan must include valid and systematic procedures including multiple selection criteria and goals and performance measures. GT policies must be free from discrimination practices in the education program. Iowa does not specify areas of identification; and does not specify whether identification can be in more than one category.
• Michigan – No rule requirements for gifted identification criteria or programs.
• Minnesota – No rule requirements to identify or serve gifted students.
Summary of factual data and analytical methodologies
The primary reference source for developing the proposed rule is the document, Pre-K-Grade 12 Gifted Program Standards, published by the National Association for Gifted Children (NAGC). The NAGC supports and develops policies and practices that encourage and respond to the diverse expressions of gifts and talents in children and youth from all cultures, racial and ethnic backgrounds, and socioeconomic groups. It supports and engages in research and development, staff development, advocacy, communication, and collaboration with other organizations and agencies who strive to improve the quality of education for all students. The NAGC standards were developed in 1998 and represent consensus from professionals in the field on critical practice in gifted education. In addition, the proposed rule is consistent with the state superintendent's commitment to the children and youth of Wisconsin found in The New Wisconsin Promise.
Analysis and supporting documents used to determine effect on small business
N/A
Initial Regulatory Flexibility Analysis
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 rules establish more specific guidelines for the identification of gifted and talented pupils. The size of the population of children identified as gifted and talented as a result of this rule is indeterminate. However, these rules are not expected to have a significant local or state fiscal effect. School districts may have to purchase some additional assessment materials if they need to use a tool they don't already have and assign staff to administer any new screening or testing that takes place.
There are no anticipated costs incurred by the private sector.
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s.
227.114 (1) (a), Stats.
Agency Contact Person
Chrystyna Mursky, Consultant
Gifted and Talented
(608) 267-9273
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16(1) and
343.51(1) and
(2), Stats., and interpreting ss.
340.01(43g),
341.14(1),
(1a),
(1e),
(1m),
(1q) or
(1r)(a),
343.51,
343.52,
346.50(1m),
(2a)(h),
(j), and
(k) and
(3), Stats., the Department of Transportation will hold a public hearing in Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
15th day of August, 2007, at
1:00 PM, to consider the amendment of ch.
Trans 130, Wisconsin Administrative Code, relating to special identification cards and special registration plates for physically disabled.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted
