EmR2003 Rule Text

Agency Response: The emergency rule provides school boards with the flexibility to provide continuity of instruction during the COVID-19 emergency declaration. No changes are needed.

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One respondent opposed to the emergency rule voiced concerns about the continuation of distance learning into the summer and interim session if it is given to students that need more in-person support, such as children with ADHD and dyslexia. They argue that it is already difficult for students learning remotely during the emergency without regular IEP help.

Agency Response: The comment above is outside the scope of the emergency rule and does not inhibit school boards from implementing provisions of state or federal special education law or ensuring access to summer school opportunities. No changes are needed.

Comparison with rules in adjacent states:

Due to the national emergency declaration, it is not possible to determine whether adjacent states have implemented comparable rules relating to virtual instruction during the upcoming summer session at this time.

Summary of factual data and analytical methodologies:

PI 17 of the Wisconsin Administrative Code establishes criteria for summer and interim session classes receiving state aid, as authorized under s. 121.14, Stats. Pursuant to s. 121.14, Stats., a school district or county children with disabilities education board may count pupils for aid membership for those academic summer classes or laboratory periods that are necessary for academic purposes. Summer and interim session classes necessary for academic purposes include: 1) music programs, lessons, sectionals or clinics, if taught by a department-licensed teacher; 2) swimming instruction programs, if taught or directed by a department-licensed teacher at the site of the instruction; 3) instructional minutes, per pupil, per day, including field trips if accompanied by a department-licensed teacher and if all pupils have equal access to the field trips, regardless of their ability to pay; and 4) online classes offered to high school pupils and pupils in grades 7 and 8 that meet the requirements of s. 121.004 (8) (b), Stats., and s. PI 36.11 (1) and in which at least 8,100 minutes of direct instruction are required to earn one credit (to be prorated accordingly if fewer minutes of direct instruction are provided).

The department proposes to expand options for school districts and county children with disabilities education boards for which they may be able to receive state aid by providing virtual instruction during summer classes or laboratory periods. The emergency rule will amend PI 17 to include online virtual instruction taught to any grade level during summer classes or laboratory periods that are necessary for academic purposes. Without an emergency rule, students and schools will have fewer options in making up missed instruction due to COVID-19 and the department will be required to implement PI 17 as the rules currently exist.

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

Administrative Rules Coordinator

Wisconsin Department of Public Instruction

[e-mail]

[phone]

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 [e-mail]. The Department will publish a hearing notice in the Administrative Register which will provide information on the deadline for the submission of comments.

SECTION 1. PI 17.03 (2) (d) is amended to read:

PI 17.03 (2) (d) Online classes offered to high school pupils and pupils in grades 7 and 8 that meet the requirements of s. 121.004 (8) (b) 1. and 2., Stats., and s. PI 36.11 (1) and in which at least 8,100 minutes of direct instruction are required to earn one credit. If fewer minutes of direct instruction are provided the credit shall be prorated accordinglyif taught by a teacher licensed by the department or authorized to teach under s. 118.19 (1b) or (1c), Stats.

  SECTION 2. STATEMENT OF EMERGENCY

The Department of Public Instruction finds an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:

Emergency Order #1, which was published effective on March 18, 2020, ordered the closure of all public and private Wisconsin schools for the purposes of pupil instruction and extracurricular activities in order to suppress and control the spread of the infectious coronavirus disease (“COVID-19”). The proposed rule under this statement of scope will provide options for school districts and county children with disabilities education boards by allowing them to provide virtual instruction during summer and interim sessions in the event that school closures prevent students from meeting all academic requirements during the regular school year. However, a permanent rule will not be completed in time before the end of the school year. An emergency rule is therefore needed to ensure that schools may be able to use summer and interim sessions to provide virtual instruction as a means of making up instruction that was lost due to the emergency declaration.

  SECTION 3. EFFECTIVE DATE:

The rules contained in this order shall take effect upon publication as emergency rules pursuant to the authority granted by s. 227.24, Stats.

Dated this _____ day of ____________, 2020

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Carolyn Stanford Taylor

State Superintendent