Many other states establish procedures to govern administrative appeals (e.g., Minnesota Board of Teaching appeals under Minn. R. 8710.0900; Illinois Charter School Appeal Process under 105 ILCS 5/27A; Michigan Educator Effectiveness appeals under s. 380.1249(2)(l); Iowa appellate review by the state board of education, the director of education, or the department of education under 281—Iowa Administrative Code 6). Summary of factual data and analytical methodologies:
Chapter PI 1 specifies the procedures for the Department to hear appeals and complaints related to decisions by school districts. Since the rule was last updated, the Department has been charged with hearing additional types of complaints and appeals, not all of which relate to decisions by school districts. The revised rule would be modeled after the existing ch. PI 1, the revised ch. PI 35 (CHR 16-004, which became effective on August 1, 2016), and approaches taken by other state agencies (e.g., ATCP Ch. 1). Other states and the federal government establish procedures to govern administrative appeals (e.g., Child and Adult Food Care Program appeals under 7 C.F.R. § 226.6 (k); Minnesota Board of Teaching appeals under Minn. R. 8710.0900). There is no policy alternative because the Department is required by law to hear appeals. 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
(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 adminrules@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 1.01 (1) and (2) (intro.), (b), (c), (d), (e), and (f) are amended to read:
PI 1.01 (1) Purpose. Under s. 115.28 (5), Stats., the state superintendent is charged with examining and determining all appeals that are made by law to the state superintendent. The purpose of this chapter is to provide the state superintendent with a system for dealing with complaints and appeals received by the department; to promote coordination with other appropriate units of government and agencies regarding complaints and appeals; and to promote the voluntary resolution of problems at the level closest to their source. (2) Applicability. This chapter applies to all complaints received by the department, and to all appeals authorized by statute whichor rule that are filed with the department, except that this chapter does not apply to appeals or complaints subject to other, more specific, statutes or rules, including, but not limited to, the following:
(a) Appeals relating to the identification, evaluation, educational placement, or the provision of a free appropriate public education of a child who has an exceptional educational needwith a disability, which shall be resolved under 20 USC 1415 of the Education of the HandicappedIndividuals with Disabilities Education Act and subch. V of ch. 115, Stats. (c) Complaints that the state or a subgrantee is violating subch. II of the Education of the HandicappedIndividuals with Disabilities Education Act, 20 USC 1411-1418 and 1420Subchapter II, which shall be resolved through the procedures under the Education Department General Administrative Regulations at 34 CFR Partsparts 76 and 77, commonly referred to as EDGAR. (d) Complaints, hearings, and appeals related to license revocation and reinstatement under s. 118.19 (5), Stats., and s. PI 34.35 , which shall be resolved through the procedures specified inunder s. PI 34.35. (e) School district boundary appeal board hearings, which shall be conducted under s. 117.03, Statsch. PI 2. (f) Appeals relating to the granting of high school credit and number of high school credits to be awarded to a pupil participating in the postsecondary enrollmentyouth options program under ch. PI 40, which shall be resolved through the procedures under s. PI 40.08. SECTION 2. PI 1.01 (2) (g), (h), (i), (j), and (k) are created to read:
PI 1.01 (2) (g) Appeals relating to orders issued by the state superintendent under s. 115.7915 (8), Stats., which shall be resolved through the procedures specified under s. PI 49.15. (h) Appeals of a school board’s decision to deny an open enrollment application under s. 118.51 (9), Stats., which shall be resolved through the procedures specified under s. PI 36.14. (i) Appeals relating to orders issued by the state superintendent under s. 118.60 (10), Stats., which shall be resolved through the procedures specified under s. PI 48.21. (j) Appeals relating to orders issued by the state superintendent under s. 119.23 (10), Stats., which shall be resolved through the procedures specified under s. PI 35.21. (k) Complaints related to race-based nicknames, logos, mascots, and team names under s. 118.134, Stats., which shall be resolved through the procedures specified under s. PI 45.03. SECTION 3. PI 1.02 (1) is amended to read:
PI 1.02 (1) "Appeal" means an application to the state superintendent, as provided by statute or rule, to review a decision by the department or a local education agency.
SECTION 4. PI 1.02 (3m) is created to read:
PI 1.02 (3m) “Institution” means a participant in the national school lunch program, special milk program for children, school breakfast program, or child and adult food care program.
SECTION 5. PI 1.02 (4) and (5) are amended to read:
PI 1.02 (4) "Local education agency" means school boards, school districts, cooperative educational service agencies, county handicapped childrens'children with disabilities education boards, public libraries, public library systems, and private schools or agencies if the private schools' or agencies' actions or decisions concern programs receiving state or federal funds which are administered by the department.
(5) "Party" means the complainant or appellant and the local education agencyrespondent named in the complaint or appeal.
SECTION 6. PI 1.03 (1) and (2) are amended to read:
PI 1.03 (1) All complaints and appeals shall be filed in writing specifying the grounds upon which the action is brought, the facts, and any relief sought. Complaints and appeals shall be signed by the complainant or appellant or the representative of the complainant or appellant. If the complainant or appellant is a minor, the complaint or appeal shall also be signed by his or hera parent or guardian, unless the statute or rule under which the complaint or appeal is filed prohibits this requirement.
(2) If the complaint or appeal is filed by the representative under sub. (1), the representative shall file a notice of representation which shall include written consent of the complainant or appellant and the parent or guardian if required inunder sub. (1).
SECTION 7. PI 1.03 (3) is repealed and recreated to read:
PI 1.03 (3) The state superintendent shall dismiss a complaint or an appeal if any of the following occur:
(a) The complaint or appeal was not filed within the time period specified in the statute or rule under which the complaint or appeal was filed or, if no time period is specified, within 180 days of the action being contested.
(b) The complaint or appeal is not legally sufficient to state a claim upon which relief may be granted.
(c) The state superintendent does not have jurisdiction in the matter.
(d) The complainant or appellant does not include sufficient allegations of fact that, if accepted as true, would support the complaint or appeal.
SECTION 8. PI 1.04 (intro.) is amended to read:
PI 1.04 Procedures. Upon receipt of a written complaint or appeal filed under s. PI 1.03, the state superintendent shall acknowledge receipt of the complaint or appeal in writing and shall use any or all of the following procedures which he or shethat the state superintendent determines to be appropriate:
SECTION 9. PI 1.04 (9) is repealed and recreated to read:
