PROPOSED ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING PERMANENT RULES
The scope statement for this rule, SS 046-14, was published in Register No. 701B, on May 31, 2014, and approved by State Superintendent Tony Evers, on June 10, 2014. 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, No. 2013AP416, 2015 WL 686178 (Wis. Ct. App. Feb. 19, 2015).
The state superintendent of public instruction hereby proposes to renumber s. PI 17.02 (1); to amend ch. PI 17 (title), ss. PI 17.01, 17.03 (title), (1), (2) (intro.) and (c), 17.03 (3) and (3) (e), (4), and (5), 17.04 (title), (1), and (2), 17.05 (title), (1) (intro.), (2) (intro.) and (b), and (4); and to create ss. PI 17.02 (1d), (2m), and (6) and 17.03 (2) (d); relating to changes as a result of 2013 Wisconsin Act 257.
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ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Statute interpreted: 121.14, Stats.
Statutory authority: 121.14, Stats., and 227.11 (2) (a) (intro.), Stats.
Explanation of agency authority:
Under ss. 227.11 (2) (a) (intro.) and 121.14, Stats., the Department is authorized to establish criteria for summer school classes and interim session classes receiving state aid. Section 121.14 (1) (a), Stats., provides specific rulemaking authority as follows:
121.14 State aid for summer classes and interim session classes.
(1)
(a) State aid shall be paid to each district or county children with disabilities education board for all of the following:
1. Subject to par. (b), those academic summer classes or laboratory periods that are for necessary academic purposes, as defined by the state superintendent by rule.
2. Subject to par. (b), for a school district or county children with disabilities education board that provides year-round school, those interim session classes or laboratory periods that are for necessary academic purposes, as defined by the state superintendent by rule.
Related statute or rule: None.
Plain language analysis:
This proposed change will modify ch. PI 17 as a result of statutory change made in 2013 Wisconsin Act 257. Any other changes to ch. PI 17 that are needed to align PI 17 with current statutes will also be made.
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 17 with the statutory changes made as a result of 2013 Wisconsin Act 257, including changes to s. 121.14, 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 significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Agency contact person: (including email and telephone)
Carl Bryan
Budget and Policy Analyst
Wisconsin Department of Public Instruction
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