CR 15-012 Rule Text

PROPOSED ORDER OF THE

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION

REVISING PERMANENT RULES

The scope statement for this rule, SS 034-14, was published in Register No. 700, on April 30, 2014, and approved by State Superintendent Tony Evers, on May 13, 2014. Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor’s approval for the statement of scope or this rule.

The State Superintendent of Public Instruction hereby proposes to repeal and recreate Chapter PI 45, relating to changes as a result of 2013 Wisconsin Act 115.

The rules are being adopted under s. 227.16 (2) (b), Stats., which provides that rulemaking does not need to be preceded by notice and public hearing if the proposed rule brings an existing rule into conformity with a statute that has been changed.

____________________________________________________________________________________

ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION

Statute interpreted: s. 118.134, Stats.

Statutory authority: s. 118.134 (4), Stats.

Explanation of agency authority:

Under s. 118.134 (4) (a), Stats., the State Superintendent is required to promulgate rules to implement and administer s. 118.134, Stats., the statute on schools’ race-based nicknames, logos, mascots, and team names.

Related statute or rule: None.

Plain language analysis:

This proposed rule change will align ch. PI 45 with the statutory changes made as a result of 2013 Wisconsin Act 115. This rule change eliminates s. PI 45.04, the section creating a presumption that the use of any unambiguously race-based nicknames or team names are presumed to promote discrimination, pupil harassment or stereotyping; revises the complaint procedure to reflect the statutory procedures enacted under 2013 Wisconsin Act 115; and makes other minor changes to the rule to align it with 2013 Wisconsin Act 115.

Summary of, and comparison with, existing or proposed federal regulations: N/A.

Comparison with rules in adjacent states: N/A.

Summary of factual data and analytical methodologies:

This is a change to align ch. PI 45 with the changes in s. 118.134, Stats.

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: N/A.

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: (including email and telephone)

Katie Schumacher

Budget and Policy Analyst

Wisconsin Department of Public Instruction

125 S. Webster Street,

P.O. Box 7841

Madison, WI 53707-7841

[e-mail]

[phone]

Place where comments are to be submitted and deadline for submission:

Comments can be submitted to Katie Schumacher using the contact information above. Comments must be submitted no later than 15 days after publication of the Notice of Submittal of Rules to the Legislative Council Rules Clearinghouse in the Administrative Register.

_____________________________________________________________________________________

SECTION 1. Chapter PI 45 is repealed and recreated to read:

CHAPTER PI 45

USE OF RACE-BASED NICKNAMES, LOGOS, MASCOTS, AND TEAM NAMES