ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING EMERGENCY RULES
The scope statement for this rule, SS 039-18, was published in Register No. 748A1, on April 4, 2018, and approved by State Superintendent Tony Evers on April 27, 2018. Pursuant to Coyne v. Walker, the Department of Public Instruction is not required to obtain the Governor’s approval for the statement of scope for this rule. Coyne v. Walker, 2016 WI 38, 368 Wis. 2d 444. The State Superintendent of Public Instruction hereby adopts an order to repeal EmR 1825; and to repeal and recreate PI 40, relating to Early College Credit program changes.
ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Statute interpreted: s. 118.55, Stats. Explanation of agency authority:
Under s. 118.55 (9), Stats., the State Superintendent shall promulgate rules to implement and administer the Early College Credit program, including rules establishing criteria for determining reimbursement amounts for pupil transportation under s. 118.55 (7g), Stats. Plain language analysis:
This emergency rule will replace current emergency rule provisions which were established under Emergency Rule 1825, which repeals and recreates Chapter PI 40 of the Wisconsin Administrative Code to implement the Early College Credit program. Since implementation of the initial emergency rule, the Department has identified points of clarification which were necessary to administer while the related permanent rule, Clearinghouse Rule 18-077, completes the promulgation process. Among the changes, this emergency rule defines “attended” to include courses taken by pupils in an online, blended, or in-person format, as well as the following which were promulgated under the original emergency rule: - The dates by which pupils may notify school boards of their intent to participate in the program during a summer session (fall and spring dates are set in statute).
- Rules governing the determination of undue financial burden.
- Revises procedures related to the reimbursement of transportation costs, including eligible modes of transportation and priority of reimbursement.
- Rules governing the determination of credits, including granting of high school credits for courses taken under the program, comparability of courses offered by a high school, and notification of appeal rights.
- Procedures for reviewing appeals under the program, as determined under ch. PI 1 of the Wisconsin Administrative Code. Summary of, and comparison with, existing or proposed federal regulations: N/A
Comparison with rules in adjacent states:
- Illinois (23 Illinois Administrative Code 1009): The Illinois Department of Education provides for a Dual Credit program, which permits high school students to enroll in a college course for both high school and college credit. The state also permits districts to enter into joint agreements with community college districts and other school districts to provide career education or advanced vocational training of 11th and 12th grade students. The rules permit appropriate measures to assess and grant eligibility for dual credit to students and specify that the determination of whether the course is offered for concurrent high school and college credit is made at the secondary level, according to the school’s policies and district practices.
- Iowa (Iowa Administrative Code Chapter 281-22): The Iowa Department of Education created an umbrella program called Senior Year Plus (SYP) that encompasses Concurrent Enrollment, Postsecondary Enrollment Options Program (PSEO), Advanced Placement (AP), Career Academies, Regional Academies, and Project Lead the Way. The SYP program was implemented to provide increased and more equal access to college credit and AP courses. SYP programs offer students an opportunity to enroll in college coursework and, in most cases, receive both high school and college credit simultaneously. The rules establish the criteria pupils and eligible postsecondary institutions must meet in order to participate in an SYP program. - Michigan (Michigan Administrative Code Section R 388.151-388.155): The Michigan Department of Education provides for payment from a school district’s foundation grant for enrollment of certain eligible high school students in postsecondary courses of education under its Postsecondary Enrollment Options program. The rules and underlying statutes establish eligibility criteria for students, institutions, and courses; requires eligible charges (tuition, mandatory course or material fees, and registration fees) to be billed to a school district; establishes enrollment and credit requirements; requires school districts to provide counseling and information to eligible students and their parents; and requires intermediate school districts to report to the Department of Education.
- Minnesota (Minnesota Statutes section 124D.09): The Minnesota Department of Education permits 10th, 11th, and 12th grade students to earn college credit while still in high school through enrollment in and successful completion of college-level courses through its Postsecondary Enrollment Options program. The statutes provide that college-level courses may be provided in a high school (referred to as concurrent enrollment, or “college in the high school”), a postsecondary institution, or another location according to an agreement between a public school board and the governing body of an eligible public postsecondary system or an eligible private postsecondary institution.
Summary of factual data and analytical methodologies:
2017 Wisconsin Act 59 eliminated the Youth Options program and created the Early College Credit program, which allows public and private high school pupils to enroll in an institution of higher education for the purposes of taking one or more nonsectarian courses for high school and/or postsecondary credit. Under the program, the pupil is responsible for 25 percent of the tuition if the pupil takes a course for postsecondary credit only; however, the school board must waive the pupil’s financial responsibility if the Department determines that the cost would pose an undue financial burden on the pupil’s family. Additionally, 2017 Wisconsin Act 59 requires the Department to reimburse certain pupils’ families for transportation costs incurred as a result of participating in the Early College Credit program. The Department therefore adopts a repeal and recreate of Chapter PI 40 so that it may implement changes in the statutes as a result of 2017 Wisconsin Act 59, including establishing a definition for undue financial burden and revising criteria for determining reimbursement amounts for pupil transportation. Unless this emergency rule is in place, parents and schools participating may have unclear guidance around program requirements and the Department may be prevented from efficiently administering the program. 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
