Rule-Making Notices (Hearing Notices)

NOTICE IS HEREBY GIVEN That pursuant to s. 115.29 (4), Stats., and interpreting s. 115.29 (4), Stats., the Department of Public Instruction will hold a public hearing as follows to consider the revision of Chapter PI 5, relating to high school equivalency diplomas and certificates of general development. This hearing will be regarding both the PI 5 emergency and permanent rule changes.

Hearing Information

Date:   Monday, February 24, 2014
Time:   3:00 to 5:00 p.m.*
Location:   GEF 3 Building
  125 South Webster St.
  Room 041
  Madison, WI

*If no speakers are remaining, the hearing will conclude early (but no earlier than 3:30 p.m.). Those that would like to testify should plan to be there at the beginning of the hearing. For those who cannot attend the public hearing, comments received by the Department will be given the same weight as testimony.

The hearing site is fully accessible to persons with disabilities. If you require reasonable accommodation to access the meeting, please call Katie Schumacher at [phone], or leave a message with the Teletypewriter (TTY) at [phone], 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.

Place Where Comments Are to Be Submitted and Deadline for Submission

The proposed administrative rule is available to review at http://pb.dpi.wi.gov/pb_rulespg or https://health.wisconsin.gov/admrules/public/Rmo?nRmoId=15524. Comments can be made by using the contact information below. Written comments on the proposed rules received no later than February 28, 2014, will be given the same consideration as testimony presented at the hearing.

Agency Contact Person

Katie Schumacher, Administrative Rules Coordinator and Small Business Regulatory Coordinator, [e-mail], Department of Public Instruction, 125 South Webster Street, P.O. Box 7841, Madison, WI 53707-7841.

Analysis by the Department of Public Instruction

Statute interpreted

Section 115.29 (4), Stats.

Statutory authority

Section 115.29 (4), Stats.

Explanation of agency authority

115.29 General powers. The state superintendent may:

(4) High school graduation equivalency.

(a) Grant declarations of equivalency of high school graduation to persons, if in the state superintendent's judgment they have presented satisfactory evidence of having completed a recognized high school course of study or its equivalent. The state superintendent may establish the standards by which high school graduation equivalency is determined. Such standards may consist of evidence of high school courses completed in high schools recognized by the proper authorities as accredited, results of examinations given by or at the request of the state superintendent, successful completion of correspondence study courses given by acceptable correspondence study schools, a general educational development certificate of high school equivalency issued by an agency of the U.S. government, course credits received in schools meeting the approval of the state superintendent or other standards established by the state superintendent.

(b) Promulgate rules establishing fees for issuing a declaration of equivalency of high school graduation or a general educational development certificate under par. (a). The rules may provide exemptions from the fees based on financial need.

Related statute or rule

N/A.

Plain language analysis

PI 5 governs the issuance of high school completion credentials by the State Superintendent, which includes the certificate for completion of the General Educational Development (GED) Test and the High School Equivalency Diploma (HSED). This rule change is designed to align the rule with changes in the GED Test. The current rule references the number of subtests and the passing scores for the GED, which will be changing in January 2014 when a new test is implemented by GED Testing Service. Additionally, technical changes are needed to align the rule with statute.

The following changes were made to PI 5:

•   Changed the name of the corporation who owns the test based on changes in incorporation for GED Testing Service, LLC.

•   Changed the number of subtests from 5 to 4 because the new test only has 4 subtests.

•   Corrected the language to indicate that the passing score will now be 150 on each of the 4 subtests and that there will be no average score to be attained.

Summary of, and comparison with, existing or proposed federal regulations

N/A.

Comparison with rules in adjacent states

No information.

Summary of factual data and analytical methodologies

This rule change is designed to align the rule with changes in the GED Test and with current statute.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report

The GED Test and the HSED credentials are used by persons applying for employment or post-secondary education to demonstrate high school completion. A well educated work force that is college and career ready is critical to the economic prosperity of the citizens of Wisconsin. Aligning the rule to the changes in the GED test facilitates this process.

Anticipated Costs Incurred by Private Sector

There is not expected to be a cost to the private sector.

Effect on Small Business

The proposed rules will have no economic impact on small businesses, as defined in s. 227.114 (1), Stats.

Agency Contact Person

Beth Lewis

Alternative Education and GED/HSED Administrator

Wisconsin Department of Public Instruction

Email: [e-mail]

Telephone: [phone]

Katie Schumacher

Budget and Policy Analyst

Wisconsin Department of Public Instruction

Email: [e-mail]

Telephone: [phone]

Text of Rule

SECTION 1. PI 5.02 (6) and (11m) are amended to read:

PI 5.02

(6) “General educational development test" means the test developed by the American council on education GED Testing Service, and administered in Wisconsin at testing sites approved by the state superintendent and the American council on education. GED Testing Service.

(11m) “Subtest" means one of the 5 4 content area tests given under the general educational development test.

SECTION 2. PI 5.035 (6) is amended to read:

PI 5.035

(6) Based on the process specified under sub. (3), the state superintendent establishes the general educational development subtest and test passing scores as follows:

(a) A a minimum standard score of no less than 410150 shall be required on each subtest in the battery of 5 4 subtests; and.

(b) A total average score of the 5 subtests may not be less than 450.

SECTION 3. PI 5.04 is amended to read:

PI 5.04

The state superintendent shall grant a certificate of general educational development to a person who meets the requirements under s. PI 5.03 and completes the general educational development test with a passing score on each subtest and a passing average score as determined by the state superintendent.

SECTION 4. EFFECTIVE DATE:

The proposed rules contained in this order shall take effect on the first day of the month commencing after the date of publication in the Wisconsin Administrative Register, as provided in s. 227.22 (2) (intro.), Stats.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA 2049 (R 07/2011) ADMINISTRATIVE RULES FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
PI 5, High School Equivalency Diplomas and Certificates of General Educational Development
Subject
Aligning the Rule with Changes in the GED Test
Fund Sources Affected			Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
X State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
PI 5 governs the issuance of high school completion credentials by the State Superintendent, which includes the certificate for completion of the General Educational Development (GED) Test and the High School Equivalency Diploma (HSED). This rule change is designed to align the rule with changes in the GED Test. The current rule references the number of subtests and the passing scores for the GED, which will be changing in January 2014 when a new test is implemented by GED Testing Service. Additionally, technical changes are needed to align the rule with statute. The following changes were made to PI 5: •Changed the name of the corporation who owns the test based on changes in incorporation for GED Testing Service, LLC. •Changed the number of subtests from 5 to 4 because the new test only has 4 subtests. •Corrected the language to indicate that the passing score will now be 150 on each of the 4 subtests and that there will be no average score to be attained.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Local: None. These are technical changes to the GED Test. State: None. These are technical changes to the GED Test.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
This rule change will align PI 5 with changes in the GED Test. This will avoid possible confusion because the rule will be consistent with the current version of the GED Test.
Long Range Implications of Implementing the Rule
PI 5 will be consistent with the current version of the GED Test.
Compare With Approaches Being Used by Federal Government
No information.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
No information.
Name and Phone Number of Contact Person
Katie Schumacher, Department of Public Instruction Administrative Rules Coordinator, [phone].

Notice of Hearing

Revenue

rulemaking_notices CR 14-005 CR 14-005

NOTICE IS HEREBY GIVEN That, pursuant to ss. 71.05 (6) (b) 47.e., 71.28 (9s) (d) 2., 71.47 (9s) (d) 2., 73.03 (69) (c), 73.15 (3), 71.80 (1) (c), and 77.96 (4), Stats., the Department of Revenue will hold a public hearing to consider permanent rules revising Chapters Tax 2 and 3, relating to income and franchise tax provisions.

Hearing Information

Date:   Tuesday, February 11, 2014
Time:   9:00 a.m.
Location:   Events Room
  State Revenue Building
  2135 Rimrock Road
  Madison, Wisconsin 53713

Handicap access is available at the hearing location.

Appearances at the Hearing and Submittal of Written Comments

Interested persons are invited to appear at the hearing and may make an oral presentation. It is requested that written comments reflecting the oral presentation be given to the department at the hearing. Written comments may also be submitted to the contact person listed below or to adminrules.wisconsin.gov no later than February 11, 2014, and will be given the same consideration as testimony presented at the hearing.

Dale Kleven

Department of Revenue

Mail Stop 6-40

2135 Rimrock Road

P.O. Box 8933

Madison, WI 53708-8933

Telephone: [phone]

E-mail: [e-mail]

Analysis by the Department of Revenue

Statutes interpreted

Sections 71.05 (1) (c) 11. and (6) (b) 47., 71.07 (3n) and (5i) (b), 71.28 (3n), (5i) (b), and (9s), 71.47 (3n), (5i) (b), and (9s), 71.82 (1) (b), 71.90 (1), 73.03 (69), and subch. VII of ch. 77, Stats.

Statutory authority

Sections 71.05 (6) (b) 47. e., 71.28 (9s) (d) 2., 71.47 (9s) (d) 2., 73.03 (69) (c), 73.15 (3), 71.80 (1) (c), and 77.96 (4), Stats.

Explanation of agency authority:

Sections 71.05 (6) (b) 47.e., 71.28 (9s) (d) 2., and 71.47 (9s) (d) 2., Stats., provide “[t]he department shall promulgate rules…" These provisions apply to the revisions to s. Tax 2.957.