LRB-0544/1
PG:jrd:ch
1995 - 1996 LEGISLATURE
March 17, 1995 - Introduced by Representatives Ward, Coleman, Duff, Porter, Goetsch, Plache,
Jensen, Musser, Foti, Brandemuehl, Nass, Lazich, Lehman, Urban, Ainsworth, Olsen, Ott, Plombon,
Ladwig, Albers, Hahn, Vrakas, Otte, F. Lasee, Seratti, Schneiders, Kaufert, Ryba, Harsdorf, Gunderson
and Grothman, cosponsored by Senators Schultz, Drzewiecki, Panzer, Farrow and Darling.
Referred to Committee on Education.
AB212,1,3
1An Act to create 118.38 of the statutes;
relating to: alternative compliance with
2or exceptions to various school district requirements and granting rule-making
3authority.
Analysis by the Legislative Reference Bureau
This bill provides that a school board may submit to the state superintendent
of public instruction an alternative compliance plan for or a request for an exception
to any administrative rule promulgated by the department of public instruction that
imposes a requirement on school boards or school districts. The state superintendent
may approve the plan or the request if he or she determines that:
1. The requirement addresses a problem that is not present in the school
district;
2. The school board's application proposes a plan that adheres to the general
intent of the requirement;
3. Implementation of an alternative plan or of the exception will result in
financial savings and no loss of educational quality; or
4. Approval will facilitate the implementation of an innovative or experimental
plan in the school district.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB212, s. 1
4Section
1. 118.38 of the statutes is created to read:
AB212,2,2
5118.38 Rules; alternative compliance and exceptions.
(1) A school board
6may submit to the state superintendent an alternative compliance plan for or a
1request for an exception to any school board or school district requirement in the
2administrative rules promulgated under the authority of chs. 115 to 121.
AB212,2,4
3(2) The state superintendent may approve the plan for alternative compliance
4or request for an exception if he or she determines that any of the following applies:
AB212,2,65
(a) The requirement addresses a problem that is not present in the school
6district.
AB212,2,87
(b) The school board's application proposes a plan that adheres to the general
8intent of the requirement.
AB212,2,119
(c) The implementation by the school board of an alternative method of
10complying with the requirement or of the exception will result in financial savings
11and no loss of educational quality.
AB212,2,1412
(d) Approval of an alternative method of compliance with or exception to a
13requirement will facilitate the implementation of an innovative or experimental plan
14in the school district.
AB212,2,18
15(3) (a) The state superintendent shall grant or deny the plan or exception
16within 30 days of receiving the plan or request. The decision shall be in writing and
17shall include the reasons for the decision. The state superintendent may impose
18conditions upon the approval of a plan or exception.
AB212,2,2019
(b) The approved alternative compliance plan or exception is effective
20indefinitely unless the state superintendent specifies otherwise.
AB212,2,21
21(4) The state superintendent shall do all of the following:
AB212,2,2422
(a) Include in the department's biennial report under s. 15.04 (1) (d) a
23description of the plans and exceptions approved and the effects of the plans and
24exceptions on educational quality and school district costs.
AB212,3,1
1(b) Promulgate rules to implement and administer this section.
