ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING PERMANENT RULES
The scope statement for this rule, SS 039-17, was published in Register No. 737A3, on May 15, 2017, and approved by State Superintendent Tony Evers on May 25, 2017. Pursuant to Coyne v. Walker, the Department of Public Instruction is not required to obtain the Governor’s approval for the statement of scope or this rule. Coyne v. Walker, 368 Wis.2d 444. The State Superintendent of Public Instruction hereby repeals ss. PI 18.05 (5), and PI 27.03 (3) (b) 1. and (5) (a); renumbers and amends ss. PI 27.03 (3) (b) 2.; amends ch. PI 12 (title), ss. PI 12.01 (1), (2), (3), (4), (6) and (7), PI 18.05 (1) (intro.) and (3), PI 20.02, PI 20.03 (1), (2), and (Note), PI 20.04, and PI 27.03 (1) and (3); repeals and recreates s. PI 20.01; and creates s. PI 12.001; relating to technical corrections to rules governing the Wisconsin Education Services Program for the Deaf and Hard of Hearing and Wisconsin Center for the Blind and Visually Impaired, high school graduation standards, disposition of funds, and commencement of school term. The rules are being adopted under s. 227.16 (2) (b), Stats., which provides that rulemaking does not need to be preceded by notice and public hearing if the proposed rule brings an existing rule into conformity with a statute that has been changed. __________________________________________________________________________________________________
ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Explanation of agency authority:
• PI 12: Under ss. 115.52 (6) and 115.525 (6), Stats., the Superintendent of Public Instruction may lease space at each of the programs’ facilities that is not required by the program to any person if the State Superintendent determines that the use will not be inconsistent with the operation of the program. Under ss. 115.52 (2) and 115.525 (2), Stats., the Superintendent of Public Instruction is authorized by statute to appoint a director of the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, as well as a director of the Wisconsin Center for the Blind and Visually Impaired. Further, under s. 227.11 (2) (a) (intro.), Stats., “Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation.” As such, a rule is required to establish and effectively administer the 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., and to appoint directors to the programs under ss. 115.52 (2) and 115.525 (2), Stats. • PI 18: The Superintendent of Public Instruction has statutory authority to establish course requirements as criteria for graduation from high school, and procedures for reviewing and certifying compliance with those course requirements, under s. 118.33 (2) and (4), Stats. • PI 20: Section 20.907 (5), Stats., states that all money received by any officer or employee of a state agency by virtue of the office or employment must be deposited with the Department of Administration, unless the money is received by a state agency incident to an authorized activity and the agency promulgates a rule prescribing the procedures for the deposit of money, in conformity with ch. 34, Stats. As such, a rule is necessary to establish and effectively administer procedures for the handling of monies received by the Department in conjunction with gifts received for the benefit of students at the Wisconsin Educational Services Program for the Deaf and Hard of Hearing and the Wisconsin Center for the Blind and Visually Impaired under s. 115.52 and 115.525, Stats., and for career and technical student organizations under s. 115.28 (30), Stats. • PI 27: The Superintendent of Public Instruction has statutory authority to promulgate rules governing procedures for school boards to request that a school term commence prior to September 1, and provide the extraordinary reasons that allow the Department to approve such requests under s. 118.045 (3), Stats. Related statute or rule: N/A
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:
