Wisconsin Department of Public Instruction
STATEMENT OF SCOPE
FOR ADMINISTRATIVE RULES
Rule No.: PI 36
Relating to: Eliminating Part Time Open Enrollment
Rule Type: Permanent
Pursuant to Coyne v. Walker, the Department of Public Instruction is not required to obtain the Governor’s approval for the statement of scope for this rule. Coyne v. Walker, 2015 WI App 21, 361 Wis.2d 255.
1. Finding/nature of the emergency (Emergency Rule only).
2. A description of the objective of the proposed rule.
The objective of the proposed rule is a technical change to repeal sections of PI 36 that are obsolete due to the enactment of 2013 Wisconsin Act 20 with respect to the part time open enrollment program.
3. A description of the existing policies and new policies included in the proposed rule and an analysis of policy alternatives.
2013 Wisconsin Act 20 eliminated the part time open enrollment program from statutes under s. 118.52, Stats., in lieu of the newly created Course Options program. Since there is no longer any statutory authority for implementing this program, the rules are no longer necessary. Thus, this rule change will eliminate the part time open enrollment program section from PI 36.
4. The statutory authority for the proposed rule.
There is no explicit statutory authority for this rule because 2013 Wisconsin Act 20 eliminated the part time open enrollment program from statutes.
5. An estimate of the amount of time agency employees will spend developing the proposed rule and of other resources needed to develop the rule.
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminate.
6. A description of all of the entities that will be affected by the proposed rule.
No entities should be affected by this rule change since the change will only be done to align the PI rule chapters with the statutes.
7. A summary and preliminary comparison of any existing or proposed federal regulation that addresses or is intended to address the activities to be regulated by the proposed rule.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses).
The proposed rule will have no significant economic impact on small businesses, as defined in s. 227.114 (1), stats.
Policy And Budget Team