NOTICE IS HEREBY GIVEN That pursuant to ss.
115.001 (11) and
227.11 (2) (a), Stats., the Department of Public Instruction will hold a public hearing as follows to consider proposed permanent rules amending Chapter
PI 34, relating to school nurse certification. The hearing will be held as follows:
Hearing Information
Date: July 30, 2010
Time: 1:00 - 3:30 p.m.
Location: Madison
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 Douglas White, Director, Student Services/Prevention and Wellness at douglas.white@ dpi.wi.gov, (608) 266-5198 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 Proposed Rule and Submittal of Written Comments
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 4, 2010, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by Department of Public Instruction
Statute interpreted
Statutory authority
Explanation of agency authority
Section
115.001 (11), Stats., requires the department to prescribe the qualifications for school nurses by rule.
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
N/A.
Plain language analysis
2009 Wisconsin Act 160 requires the department to prescribe the qualifications for school nurses by rule. To meet the requirements under the Act, the department is modifying Chapter
PI 34, relating to Teacher Education Program Approval and Licenses, by creating a definition of "school nurse" under s.
PI 34.01 (52m) and by modifying the school nurse licensing information under s.
PI 34.31 (2).
The DPI school nurse license which requires completion of a school nurse practicum and an institutional endorsement, is still an optional license and is not required for a nurse to work in a school. In the past, a school nurse only had to hold a license as a registered nurse under the Department of Regulation and Licensing. The rule will require a school nurse to hold a bachelor's degree as well.
An individual employed by, or under contract with, a school board, a CESA, a CCDEB, or charter school as a school nurse on January 1, 2011, shall be considered a school nurse, regardless of whether or not that individual holds a bachelor's degree.
To coincide with the Act's effective date, the rule will become effective January 1, 2011.
Comparison with federal regulations
N/A.
Comparison with rules in adjacent states
Iowa:
Iowa does not have rules relating to the qualification of school nurses.
Illinois and Minnesota:
Illinois and Minnesota require a school nurse to be a registered professional nurse with a bachelor's degree.
Michigan:
Michigan requires that a professional school nurse be a registered professional nurse with a bachelor's degree. Michigan also offers a standard school nurse certificate requiring the applicant to be a registered nurse.
Summary of factual data and analytical methodologies
2009 Wisconsin Act 160 clarifies that a nurse may be employed by a school district without being “certified" by the department but rather “meets the qualifications prescribed by the department." The DPI school nurse license under s.
PI 34.31 (2) requires the applicant to have, in part, a school nursing practicum and an institutional endorsement. This DPI license is optional and is not required for a nurse to work in a school. The Act removes the department's certification requirement and replaces it with the qualifications for school nurses prescribed by the department in rule. The qualifications specified in this rule will better reflect current practice without reducing the qualifications of the state's school nurses.
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
The proposed rules require a nurse to hold a bachelor's degree in addition to a license issued by the Department of Regulation and Licensing in order to become a school nurse. The rules allow a nurse that was employed or under contract as a school nurse in a school board, CESA, CCDEB or charter school established under s.
118.40 (2r) Stats., on or before the effective date of the rule to be considered a school nurse.
Any fiscal effect to local school districts is indeterminate. A school nurse with a bachelor's degree may command more money for his or her salary. However, it is unknown how many school nurses will be hired under this new requirement as the grandfathering provision allows school nurses currently employed without a bachelor's degree to remain employed.
The proposed rules will make it easier for school districts to receive partial state aid reimbursement for school nurses under s.
115.88 (1m) (a), Stats., special education aid, because a school nurse must meet the qualifications in this rule rather than meet DPI certification requirements which require a practicum and an institutional endorsement in addition to a bachelor's degree. (Prior law required school nurses to be certified by DPI to receive special education aid.)
These proposed rules may result in a redistribution of state special education aid but will not change the total amount of aid distributed.
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Agency Contact Person
Douglas White, Director
Student Services/Prevention and Wellness
Phone: (608) 266-5198
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1),
227.11,
343.02 and
344.66, Stats., the Department of Transportation will hold a public hearing to consider emergency rules to create section
Trans 100.25, Wis. Adm. Code, relating to mandatory insurance exemptions.
Hearing Information
Date: June 24, 2010
Time: 10:00 a.m.
Location: Hill Farms State Transportation Bldg.
Room 144-B
4802 Sheboygan Avenue
Madison, WI
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Reggie Paradowski at (608) 264-7002 with specific information on your request at least 10 days before the date of the scheduled hearing. Accommodations such as interpreters, English translators, or materials in alternative format will, to the fullest extent possible, be made available upon a request from a person with a disability to accommodate your needs.
Copies of Emergency Rule
A copy of the rule may be obtained upon request from Reggie Paradowski, Section Chief, Division of Motor Vehicles, Driver Information Section, Room 301, P. O. Box 7983, Madison, WI 53707-7983. You may also contact Mr. Paradowski via e-mail: reginald.paradowski@wisconsin. gov, or by calling (608) 264-7002 to obtain copies of the emergency rule. Copies will also be available at the hearing.
Analysis Prepared by the Department of Transportation
Statutes interpreted
Statutory authority
Explanation of agency authority
The Department is charged with administering the safety responsibility, damage judgment and mandatory insurance laws contained in Chapter
344, Stats. This rule making deals with exceptions to the mandatory insurance provisions of Subchapter
VI to Chapter
344, Stats.
Related statute or rule
Plain language analysis
The purpose of this emergency rule making is to set interim standards for filings made in lieu of insurance with the Department pursuant to s.
344.63, Stats., as created by
2009 Wis. Act 28.
One deposit accepted in lieu of insurance under s.
344.63, Stats., is $60,000 cash. The $60,000 amount is set in the statutes and is far less than the minimum insurance required under the law. U.S. currency, cashiers and certified checks, money orders, bank checks, and attorney trust fund checks may be accepted as a cash deposit by the Department. In addition to depositing cash, the depositor must prove no judgments are outstanding against the depositor in the depositor's county of residence. s.
344.37(1), Stats.
A second deposit accepted by the Department is a bond. There are two types of bonds. First, a bond issued by a surety company for the minimum liability coverage amounts required by law (currently $15,000 property, $50,000 personal injury to one person, $100,000 personal injury of multiple persons). The bond will need to be in a form approved by the Department. The other form of bond permitted under the statutes is a judicial bond. If requested, judges will have to approve or disapprove of applications to create a bond secured by $330,000 in real estate (twice the amount of the bond).
The third mechanism available under the statute is posting securities. Securities are the most problematic from an administrative and enforcement standpoint. The value of securities can vary greatly over time. The Department cannot and will not know the value of securities after deposit. The burden will be on the depositor to be able to prove the value of any securities deposited with the Department to police when asked. Deposits of securities must be accompanied by an opinion of counsel verifying that the securities meet the statutory requirements for use in lieu of insurance. The depositor will need to provide an affidavit as to the value of the securities at the time of deposit and will need to pledge the securities in a manner that permits the Department to sell them in order to use the proceeds to satisfy damages resulting from accidents. The share or bond certificates will need to be physically deposited with the Department.
Comparison with federal regulations
There are no existing or proposed federal regulations on this issue.
Comparison with rules in adjacent states
Michigan:
All motorists must carry liability coverage also referred to as “Michigan no fault insurance." Insurance certificate must be kept in vehicle at all times when operating vehicle.
Minnesota:
