STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING 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, 2016 WI 38. 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:
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. 119.23, Stats. Specifically, s. 119.23 (11) (a) provides: 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.
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. The proposed rule refers to ch. PI 48 and ch. PI 49, provisions that are created in separate rule-making orders currently under promulgation. Draft materials of ch. PI 48 may be accessed at: . Draft materials of ch. PI 49 may be accessed at: . 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 by March 3, 2016, 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) “4-year-old kindergarten outreach activities” means the direct services that a school provides to 4-year-old kindergarten parents and primary caregivers that have an educational component that fulfills the requirements of s. 121.004 (7) (cm), Stats. (2) “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.
(3) “Choice administrator” means the person designated as such on the notice of intent to participate form under s. PI 35.03 (3) or s. PI 35.04 (1) (a) or on the form under s. PI 35.04 (2). (4) “Choice program” means the program established under s. 119.23, Stats., for pupils residing in the city of Milwaukee. (5) “Classroom records” means teacher-originated test scores, report cards, progress reports, and attendance records.
(6) “Count date” means the third Friday in September and the second Friday in January except as provided under s. 121.05 (3m), Stats. (7) “Credit” means the credit given to pupils in grades 9 to 12 for successful completion of a school term of study in one course that meets daily for a normal class period or the equivalent established by the governing body of a school.
(8) “Department” means the Wisconsin department of public instruction.
(10) “Financial audit” means the audit of a school required under s. 119.23 (7) (am) 2m. a., Stats., including the audit opinion. (11) “Financially viable” or “financial viability” means the ability of the school to pay for goods and services, make debt service payments, and pay other obligations as they become due.
(12) “First time participant” means a school that meets one of the following criteria: (a) The school did not participate in a program under s. 118.60 or 119.23, Stats., at the time the school submitted a notice of intent to participate in the choice program for the following school year. (b) The school participated in a program under s. 118.60 or 119.23, Stats., at the time the school submitted a notice of intent to participate in the choice program for the following school year but one of the following occurred:
