Text20 | Wisconsin Department of Public Instruction STATEMENT OF SCOPE FOR ADMINISTRATIVE RULES | LEGISLATIVE POLICY & OUTREACH TEAM ATTN: CARL BRYAN 266-3275 or adminrules@dpi.wi.gov |
Rule No. PI 43 | Relating to Revisions to procedures for school improvement plans under ch. PI 43 | Rule Type Permanent |
State Superintendent Review ☐ Approved. Begin Drafting Rule ☐ Disapproved. Reason for Disapproval | State Superintendent Signature Ø | Date Signed Mo./Day/Yr. |
1. Finding/nature of the emergency (Emergency Rule only).
N/A
2. A description of the objective of the proposed rule.
The objective of the proposed rule is to update ch. PI 43, Wis. Admin. Code, with respect to the criteria and procedures for determining whether a school or school district is in need of improvement and whether a school is among the lowest performing 5 percent of public schools in the state, pursuant to the requirements in s. 118.42, Wis. Stats. 3. A description of the existing policies and new policies included in the proposed rule and an analysis of policy alternatives.
Section 118.42, Wis. Stats., outlines the process for identifying low-performing schools and school districts, requiring targeted interventions, data-driven instruction, and support systems for districts that have underperformed for four consecutive years. Schools within these districts that rank in the bottom 5 percent statewide are subject to additional measures, such as rigorous evaluations of educators, equitable staffing practices, and professional support, with the state superintendent authorized to implement further interventions, including forming a school improvement council if necessary. Additionally, s. 118.54 (4), Wis. Stats., requires that the state superintendent establish rules to identify low-performing schools and school districts in the state. To effectuate the purpose of these statutes, ch. PI 43, Wis. Admin. Code, was promulgated in December 2010 and establishes the criteria and interventions for identifying schools and school districts needing improvement. Under this rule, districts and schools not meeting Adequate Yearly Progress (AYP), as required by the No Child Left Behind Act (NCLB) Act, are designated as needing improvement. Additionally, schools in the lowest performing 5 percent are determined by criteria in the state’s federal plan. The Department of Public Instruction manages this process, with the state superintendent overseeing the determinations. However, since the adoption of the Every Student Succeeds Act (ESSA) in place of NCLB, AYP is no longer a required benchmark, and states are given greater flexibility to design accountability systems and interventions that focus on broader success metrics. In accordance with the requirements under ESSA, the department submitted its draft state plan to the USDE in April 2017 and was most recently revised and approved by USDE in April 2022. As Wisconsin’s consolidated state plan under ESSA no longer relies on AYP to identify low-performing schools and school districts, revisions to ch. PI 43, Wis. Admin. Code, are needed to align with the state’s updated state plan. Consequently, the proposed rule updates ch. PI 43, Wis. Admin. Code, to establish new criteria and procedures for identifying low-performing schools in line with ESSA’s requirements, including various indicators of school success, such as student engagement and graduation rates. The proposed rule change aims to align Wisconsin’s administrative code with current practice as approved under Wisconsin’s consolidated state plan. Without a rule change, the department will have rules that are not fully aligned with current practice, potentially causing confusion in identifying low-performing schools and undermining school improvement efforts. 4. The statutory authority for the proposed rule.
Under s. 118.54 (4), Wis. Stats., the state superintendent shall promulgate rules establishing criteria and procedures for determining whether a school or school district is in need of improvement and whether a school is among the lowest performing 5 percent of all public schools in the state, pursuant to the requirements in s. 118.42, Wis. Stats. 5. An estimate of the amount of time agency employees will spend developing the proposed rule and of other resources needed to develop the rule.
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminate.
6. A description of all of the entities that will be affected by the proposed rule.
School districts will be affected by the proposed rule.
7. A summary and preliminary comparison of any existing or proposed federal regulation that addresses or is intended to address the activities to be regulated by the proposed rule.
The Every Student Succeeds Act was enacted in 2015 as a reauthorization to the Elementary and Secondary Education Act (ESEA) of 1965 and replaces the No Child Left Behind Act of 2002. All school districts in Wisconsin receive some federal funding under the ESEA.
To receive funding under the Act, the department is required to submit a plan to the U.S. Department of Education under 20 USC 6311. This section outlines state responsibilities for establishing accountability systems, including the requirement to identify schools for comprehensive support and improvement (CSI) and targeted support and improvement (TSI) based on performance criteria such as being in the lowest-performing 5 percent of schools, having consistently underperforming student subgroups, or maintaining low graduation rates. Wisconsin’s consolidated state plan updates the criteria for identifying schools and school districts in need of improvement, using assessment results, proficiency and growth measures, and other indicators, such as graduation rates and student engagement, to identify the lowest-performing 5 percent of schools and school districts. Further, the consolidated state plan targets interventions for schools or school districts in need of improvement, utilizing comprehensive support plans, stakeholder collaboration, resources like technical assistance and funding, and regular monitoring to enhance performance, improve student outcomes, and close achievement gaps. The proposed rule change aims to align Wisconsin’s administrative code with current practice as approved under Wisconsin’s consolidated state plan.
