CR 16-006 Rule Text

ORDER OF THE

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION

ADOPTING PERMANENT RULES

The scope statement for this rule, SS 073-15, was published in Register No. 716A2, on August 10, 2015, and approved by State Superintendent Tony Evers on August 24, 2015, and modifies SS 087-13, which was published in Register No. 691 on July 13, 2013, and approved by State Superintendent Tony Evers on August 13, 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, 2016 WI 38.

The State Superintendent of Public Instruction hereby proposes to create PI 48, relating to the parental choice program for eligible school districts and other school districts.

ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION

Statute interpreted: s. 118.60, Stats.

Statutory authority: ss. 118.60 (11) (a) and 227.11 (2) (a), Stats.

Explanation of agency authority:

Under s. 227.11 (2) (a), Stats., the DPI “may promulgate rules interpreting the provisions of any statute enforced or administered” by the DPI. The DPI is explicitly required by statute to create a rule to implement and administer s. 118.60, Stats. Specifically, s. 118.60 (11) (a), Stats., provides:

118.60  Parental choice program for eligible school districts and other school districts.

(11) The department shall do all of the following:

118.60(11)(a)(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: ss. 115.7915 and 119.23, Stats., and ch. PI 35 and ch. PI 49.

Plain language analysis:

The 2011-13 budget, 2011 Wisconsin Act 32, created the Parental Choice Programs for Eligible School Districts under s. 118.60, Stats. The 2013-15 budget, 2013 Wisconsin Act 20, significantly modified s. 118.60, Stats., including creating the Parental Choice Program for Eligible School Districts and Other School Districts. The 2015-17 budget, 2015 Wisconsin Act 55, further modified s. 118.60, Stats., and included a new funding mechanism for how choice pupils are counted and aided. The DPI is proposing to create a rule to govern the implementation and administration of both programs.

The proposed rule refers to ch. PI 35 and ch. PI 49, provisions that are created in separate rule-making orders currently under promulgation. Draft materials of ch. PI 35 may be accessed at: http://docs.legis.wisconsin.gov/code/chr/all/cr_16_004. Draft materials of ch. PI 49 may be accessed at: http://docs.legis.wisconsin.gov/code/chr/all/cr_16_005.

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:

The DPI is proposing to create a rule, ch. PI 48, to implement and administer the Parental Choice Program for Eligible School Districts and Other School Districts based on s. 118.60, Stats. Without a rule, the DPI will not be able to provide transparency in how it is implementing and administering these programs.

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), Stats.

Agency contact person: (including email and telephone)

Carl Bryan

Budget and Policy Analyst