PROPOSED ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
REVISING PERMANENT RULES
The scope statement for this rule, SS 072-15, was published in Register No. 716A2, on August 10, 2015, and approved by State Superintendent Tony Evers, on August 24, 2015, and modifies SS 086-13, which was published in Register No. 691 on July 13, 2013 and approved by State Superintendent Tony Evers on August 15, 2013. 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. The State Superintendent of Public Instruction hereby proposes to repeal and recreate PI 35, relating to the parental choice program for students residing in the city of Milwaukee.
ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Statute interpreted: s. 119.23, Stats. Explanation of agency authority:
119.23 Milwaukee parental choice program.
(11) The department shall do all of the following:
(a) Promulgate rules to implement and administer this section. The department may not by rule establish standards under sub. (7) (am) that exceed the standards established by the American Institute of Certified Public Accountants.
Related statute or rule: s. 118.60, Stats. Plain language analysis:
The 2013-15 budget, 2013 Wisconsin Act 20, made several modifications to the Milwaukee Parental Choice Program; the program was further modified by the 2015-17 budget, 2015 Wisconsin Act 55. The Milwaukee Parental Choice Program allows eligible private schools to receive state aid payments for eligible students. The rules set forth the MPCP program requirements under s. 119.23, Stats., as modified by 2015 Wisconsin Act 55 and other legislation. The proposed rules and this section of the statutes apply only to private schools that choose to participate in the program. The Department’s proposed rule reflects both statutory changes and changes in practice. 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:
Section 119.23 (11) (a), Stats., requires the DPI to promulgate rules to implement and administer the Milwaukee Parental Choice Program. The 2013-15 budget, 2013 Wisconsin Act 20, made several modifications to the Milwaukee Parental Choice Program; the program was further modified by the 2015-17 budget, 2015 Wisconsin Act 55. The rule needs to be updated to reflect statutory changes and changes in practice. 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: (including email and telephone)
Carl Bryan
Budget and Policy Analyst
Wisconsin Department of Public Instruction
(608) 267-9127
Place where comments are to be submitted and deadline for submission:
Comments should be submitted to Carl Bryan, Department of Public Instruction, 125 S. Webster Street, P.O. Box 7841, Madison, WI 53707-7841 or at Carl.Bryan@dpi.wi.gov. The department will publish a hearing notice in the Administrative Register that will provide information on the deadline for the submission of comments. ______________________________________________________________________________
SECTION 1. PI 35 is created to read:
MILWAUKEE PARENTAL CHOICE PROGRAM
PI 35.01 Purpose. Any qualified pupil in grades kindergarten to 12 who meets the requirements under s. 119.23 (2) (a), Stats., may attend any school participating in the Milwaukee parental choice program under s. 119.23, Stats. This chapter establishes approval criteria and requirements for schools participating in the choice program under s. 119.23, Stats., and requirements for receipt of state aid under s. 119.23 (4) and (4m), Stats. PI 35.02 Definitions. In this chapter:
(1) “Average attendance rate” means the rate obtained by dividing the aggregate number of full-time equivalent days of a pupil’s actual attendance by the aggregate number of full-time equivalent days the pupil was enrolled.
(2) “Choice administrator” means the person signing the notice of intent to participate form under s. PI 35.03 (3) or (4). (3) “Choice program” means the Milwaukee parental choice program.
