Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to ss.
118.38 (2) (bm) and
227.11 (2) (a), Stats., the Department of Public Instruction will hold a public hearing as follows to consider emergency and proposed permanent rules creating section
PI 8.01 (4), relating to waiver of school hours.
Hearing Information
The hearing will be held as follows:
Date and Time Location
February 1, 2010 Madison
1:00 - 3:00 p.m. GEF 3 Building
125 South Webster Street
Room 041
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Paul Sandrock, Director, Content and Learning, (608) 267-3726 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
Submission of Written Comments
Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than February 5, 2010, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by Department of Public Instruction
Statute interpreted
Sections
115.01 (10 ) (a) 2. and 3. and 118.38 (2) (bm), Stats.
Statutory authority
Explanation of agency authority
Section
118.38 (2) (bm), Stats., requires the department to promulgate rules establishing criteria for waiving the requirement to schedule at least the number of hours of direct pupil instruction specified under s.
121.02 (1) (f) 2., Stats., if school is closed by order of a local health officer, department of health services, or school district administrator under s.
115.01 (10) (a) 2. or
3., Stats.
Section
227.11 (2) (a), Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule
Plain language analysis
2009 Wisconsin Act 42 allows school boards to meet the 180 school day requirement by including the following in the definition of “school day": 1) a school district administrator closing a school due to a threat to the health or safety of pupils or school personnel, unless the school board determines otherwise (this does not include days closed due to inclement weather) and 2) the department of health services (in addition to a local health officer) closing a school.
Notwithstanding these provisions, a school board must still provide the required number of instructional hours under s.
121.02 (1) (f) 2., Stats. Thus, the Act requires the department to promulgate rules establishing criteria for waiving the required number of hours of direct pupil instruction if a school is closed for either reason stated above.
As required in the Act, the proposed rules will establish criteria for waiving the requirement to schedule at least the number of hours of direct pupil instruction specified under s.
121.02 (1) (f) 2., Stats., to address either of the above scenarios.
Comparison with federal regulations
None.
Comparison with rules in adjacent states
Illinois, Iowa, Michigan, and Minnesota do not have rules relating to school hours or waiving of school hours.
Summary of factual data and analytical methodologies
The information required in the rule is typical of information requested from school districts that have requested waivers from the school hour standard requirement under s.
121.02 (1) (f) 2., Stats.
Analysis and supporting documents used to determine effect on small business
N/A.
Anticipated costs incurred by private sector
N/A.
Small Business Impact
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s.
227.114 (1) (a), Stats.
Fiscal Estimate
Summary
The proposed rules establish criteria for waiving the requirement to schedule at least the number of hours of direct pupil instruction specified under s.
121.02 (1) (f) 2., Stats., if a school is closed by a school district administrator, the Department of Health Services, or the local health officer under s.
115.01 (10) (a) 2. or
3., Stats.
State fiscal effect
The costs associated with administering requests for these waivers will be absorbed by the department.
Local government fiscal effect
School districts may, but are not required to, apply for a waiver for the required number of hours of direct pupil instruction. The application procedures should not have a fiscal effect. The fiscal effect on a district that receives an approved waiver is indeterminate.
Agency Contact Person
Deborah Mahaffey, Assistant State Superintendent
Division for Academic Excellence
Phone: (608) 266-3361
Notice of Hearing
Tourism
NOTICE IS HEREBY GIVEN That pursuant to ss.
41.16 and
227.11 (2), Stats., the Department of Tourism will hold a public hearing on the proposed rule order to create Chapter
Tour 3 relating to grants to municipalities and organizations for regional tourist information centers created under
2009 Wisconsin Act 28.
Hearing Information
Date: February 1, 2010
Time: 10:00 a.m.
Location: 201 West Washington Avenue
1st Floor Human Resource Conf. Room
WHEDA Building
Madison, WI 53708
Submission of Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Facts, opinions and arguments may also be submitted in writing, without a personal appearance, by mail addressed to: Laura Muenich, Department of Tourism, P.O. Box 8690, Madison, WI 53708-8690 or by email to
lmuenich@travelwisconsin.com. Written comments must be received by 4:30 P.M. on February 10, 2010, to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Laura Muenich, Budget & Policy Analyst, Department of Tourism, P.O. Box 8690, Madison, Wisconsin 53708-8690, or by email to
lmuenich@travelwisconsin.com.
Analysis Prepared by the Department of Tourism
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
41.16 (3) (c), Stats., requires the Department to promulgate rules to administer the grants under this section, including the preparation of an application form.
Related statute or Rule
There are no other statutes or rules other than those listed above.
Plain language analysis
Under the proposed rule, tourist information centers may apply for a grant to seek reimbursement to up to 50 percent of eligible costs. The proposed rule identifies the eligible costs, application procedures, contracts, and reporting requirements.
Comparison with federal regulations
The Department is not aware of any existing or proposed federal legislation on this matter.
Comparison with rules in adjacent states
The Department is not aware of any similar rules in surrounding states.
Summary of factual data and analytical methodologies
The proposed rule was developed by a Department workgroup comprised of the secretary, grant coordinator, customer services manager, and the budget and policy analyst. The group researched other states for applicable laws and rules relating to grants to regional tourist information centers for reimbursement of operating costs. The workgroup also reviewed the rules for the Joint JEM grants.
Analysis and supporting documents used to determine effect on small business
This proposed rule will not affect or impact adversely small businesses.
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 Tourism is not included as an “agency" in this section.
Small Business Impact
