CR 17-053 Rule Text

Plain language analysis:

As a result of the Assembly Education Committee’s Red Tape Review of administrative rules, the Department issues the following rule changes:

• PI 12: The proposed rule makes technical changes to various terms used throughout PI 12 to align the rule with terminology provided in statute.

• PI 18: The proposed rule is a technical change that removes past dates and redundancies from rules governing submission of high school graduation standards under PI 18 of the Wisconsin Administrative Code.

• PI 20: The proposed rule makes technical changes to various terms used throughout PI 20 to align the rule with terminology provided in statute and in current practice.

• PI 27: The proposed rule is a technical change that removes past dates from rules governing the commencement of the school term under PI 27 of the Wisconsin Administrative Code.

Summary of, and comparison with, existing or proposed federal regulations: N/A

Comparison with rules in adjacent states:

• Educational Services Program for the Deaf and Hard of Hearing/Center for the Blind and Visually Impaired (PI 12): Information concerning similar programs for pupils who are deaf and hard of hearing or visually impaired is found under:

• Illinois: Illinois School Code 105 ILCS 5/14-11.02 authorizes the State Board of Education to develop and operate or contract for the operation of a service center for persons who are deaf-blind;

• Iowa: Iowa Administrative Code 681.15.1-681.15.10 and 681.16.1-681.16.9 authorizes creation of the Iowa Braille and Sight Saving School and the Iowa School for the Deaf;

• Michigan: Michigan Statutes Sections 393.51-393.69 and 393.101-393.111 authorizes creation of the Michigan School for the Deaf and the Michigan School for the Blind; and

• Minnesota: Minnesota Statutes Section 125A.61-125A.73 authorize the Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind.

• Graduation Requirements (PI 18): Information concerning graduation requirements is found under:

• Illinois: Illinois School Code 105 ILCS 5/27-22 provides that each pupil must complete four years of language arts, two years of writing intensive courses, three years of mathematics, two years of science, two years of social studies, and one year chosen from music, art, foreign language, or vocational education;

• Iowa: Iowa Administrative Code 281.12.5(5) provides that each pupil must six units of English-language arts, five units of social studies, six units of mathematics, five units of science, one unit of health, one unit of physical education, three units of fine arts, four units of foreign language, and twelve units of vocational education;

• Michigan: Michigan School Code Section 380.1278a provides that each pupil must complete at least four credits in English language arts, four credits in mathematics, three credits in social science, three credits of science, one credit in visual arts, performing arts or applied arts, one credit in a subject that includes both health and physical education, and two credits of foreign language; and

• Minnesota: Minnesota Statutes Section 120B.024 provides that each pupil must complete four credits of language arts, three credits of mathematics, an algebra I credit by the end of 8th grade, three credits of science, three and one-half credits of social studies, one credit of the arts, and a minimum of seven elective credits.

• Disposition of Funds (PI 20): Information concerning disposition of funds is as follows:

• Illinois: Illinois School Code 105 ILCS 5/2-3.36 provides that the State Board of Education may accept and expend gifts, grants or legacies from any source for educational purposes if such purposes have been authorized in advance by resolution of the General Assembly;

• Iowa: Iowa Code 256.9.7 provides that the Director of the Department of Education may accept grants and gifts on behalf of the Department;

• Michigan: Michigan Statutes Section 388.1008 provides that the State Board of Education may take by gift, grant from federal or other sources, devise, bequest, or in any other lawful manner, property, money, pledges or promises to pay money for the purpose of carrying any of its powers and may, with the approval of the Legislature, use the same for the purposes for which they were donated; and

• Minnesota: Minnesota Statutes Section 127A.08.5 provides that the Commissioner of Education may receive grants and gifts administered by agencies of the state and other government or nongovernment sources and expend such funds for the purpose for which it is granted.

• Commencement of School Term (PI 27): Information concerning the commencement of the school term is as follows:

• Illinois: Illinois School Code 105 ILCS 5/10-19 provides that the commencement of the school term is to be prepared by local school boards;

• Iowa: Iowa Code 279.10.1 provides that the commencement of the school term is not to begin before August 23, with certain exceptions;

• Michigan: Michigan Statutes Section 380.1284B provides that the commencement of the school term is not to begin before Labor Day, with certain exceptions; and

• Minnesota: Minnesota Statutes Section 120A.40 provides that the commencement of the school term is not to begin before Labor Day, with certain exceptions.

Summary of factual data and analytical methodologies:

PI 12: PI 12 was promulgated to provide criteria for the leasing of space in the facilities owned by the Wisconsin Educational Services Program for the Deaf and Hard of Hearing and the Wisconsin Center for the Blind and Visually Impaired, as permitted under ss. 115.52 (6) and 115.525 (6), Stats. Current statutes make use of the term “Wisconsin Educational Services Program for the Deaf and Hard of Hearing,” while current rule uses the abbreviated term “Wisconsin School for the Deaf.” Additionally, the rule makes use of the term “school” in reference to the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, which does not completely reflect its capacity as a “program” or “center” as provided in statute. Finally, ss. 115.52 (2) and 115.525 (2), Stats. provide that the individuals appointed by the State Superintendent serve as “directors” of both this program and the Wisconsin Center for the Blind and Visually Impaired, while current rule uses the term “superintendent” of each respective program. The proposed technical change aligns the terms provided in rule with the terms provided in statute. Without a rule change, the Department will continue to administer the rule as it exists in PI 12.

PI 18: PI 18 was promulgated to establish course requirements to meet Wisconsin graduation standards including procedures by which school boards will submit reports describing the board’s policies on high school graduation standards to the Department. Further, PI 18 establishes procedures by which those policies are certified by the board and reviewed by the State Superintendent, and by which equivalent policies are approved by the State Superintendent. PI 18 provides that by September 1, 1986, each board operating a high school shall submit to the State Superintendent, on forms provided by the Department, a report describing the board's high school graduation policies governing diplomas which shall be granted subsequent to September 1, 1988. Additionally, the rule makes redundant references to the review and approval of each high school graduation policy to ensure compliance with statutes and rule. The proposed technical change eliminates past dates and clarify the language governing the review and approval of high school graduation standards. Without a rule change, the Department will continue to administer the rule as it exists under PI 18.

PI 20: PI 20 was promulgated to determine how money should be handled and expended by the Department in conjunction with student activities and gifts received for the benefit of students at the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, the Wisconsin Center for the Blind and Visually Impaired, and career and technical student organizations in the state. Current statutes make use of the term “Wisconsin Educational Services Program for the Deaf and Hard of Hearing,” while current rule uses the abbreviated term “Wisconsin School for the Deaf.” Further, the rule makes references to “public school vocational youth organizations,” which is an outdated term and should be replaced with “career and technical student organizations.” The terms for various career and technical student organizations are also defined and referred to in rule, which are also outdated and should be changed. The proposed technical change aligns the terms provided in rule with the terms provided in statute and in current practice. Without a rule change, the Department will continue to administer the rule as it exists under PI 20.

PI 27: PI 27 was promulgated to establish procedures for school boards to use in requesting that a school term commence prior to September 1, and also establishes criteria used for the Department in determining whether an extraordinary reason exists for granting such a request. Section PI 27.03 (1) provides that, beginning in the 2002-03 school year, no public school may commence a school term prior to September 1, and s. PI 27.03 (3) (a) provides that a school board may commence a school term prior to September 1, 2002, if it submits a written request to the Department and such a request is granted. Finally, s. PI 27.03 (5) (a) provides, as a reason for the Department to grant a school board’s request that a school term commence prior to September 1, that school calendars for the 2002-03 or 2003-04 school year were ratified prior to September 1, 2001. This provision applies to union high school districts and the school districts operating only elementary grades whose territory is included in the union high school district when one of these districts has a ratified calendar for the 2002-03 or 2003-04 school year. The proposed technical change eliminates past dates which are no longer relevant to the implementation of the rule. Without a rule change, the Department will continue to administer the rule as it exists in PI 27.

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

[e-mail]

[phone]

Place where comments are to be submitted and deadline for submission:

As provided in s. 227.16 (2) (b), there is no requirement that a public hearing be held for this rule because the proposed rule brings an existing rule into conformity with a statute that has been changed.

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SECTION 1. Chapter PI 12 (title) is amended to read:

Chapter PI 12

WISCONSIN SCHOOLEDUCATIONAL SERVICES PROGRAM FOR THE DEAF AND HARD OF HEARING AND WISCONSIN CENTER FOR THE BLIND AND VISUALLY IMPAIRED

  SECTION 2. PI 12.001 is created to read:

PI 12.001 Definitions. In this chapter:

(1) “Center” has the meaning given in s. 115.525 (1), Stats.

(2) “Program” has the meaning given in s. 115.52 (1), Stats.

  SECTION 3. PI 12.01 (1) (intro.), (b), and (c), (2), (3), (4), (6), and (7) are amended to read:

PI 12.01 (1) The department of public instruction, as managing authority of the Wisconsin schooleducational services program for the deaf and hard of hearing and the Wisconsin center for the blind and visually impaired buildings and facilities, may permit the same to be used by any governmental body or official, or any non-profit, fraternal, religious, or veterans' organization for the purpose of governmental business, public meetings for the free discussion of public questions, or for activities of a broad public purpose, if such use:

(b) Does not unduly burden the department of public instruction, the Wisconsin schooleducational services program for the deaf and hard of hearing, or the Wisconsin center for the blind and visually impaired.,

(c) Is not a hazard to the safety of the students of the 2 schoolsprogram or center, or the public, or state employees; nor detrimental to the buildings or facilities,

(2) The applicant for such use shall make a written request on a specified form to the superintendentdirector of the respective schoolprogram or center at least one week in advance of the anticipated utilization of the building or facility. In the event of a conflict of requests by 2 or more organizations, the respective superintendentdirector of each schoolthe program or center shall have full discretion.