There are no existing or proposed federal regulations that address the activities of the proposed rules.
Comparisons with rules in adjacent states
For all adjacent states to Wisconsin, if neither the respondent nor others provide counsel for a civil commitment hearing, the respective court appoints counsel for him or her. To compensate the attorneys for their services in the states of Minnesota, Iowa, and Illinois, the applicable court enters an order upon the county to pay the entire fee or such an amount as the respondent is unable to pay. In Michigan, the court compensates appointed counsel from court funds in an amount that is reasonable and based upon time and expenses.
Summary of factual data and analytical methodologies
The proposed rules implement statutory changes that went into effect on July 1, 2008.
Analysis and supporting documents used to determine effect on small business
None.
Small Business Impact
None.
Fiscal Estimate
Summary
These administrative rules conform to statutory changes that took effect on July 1, 2008, having been implemented as part of the State's 2007-09 biennial budget act. The rules will not have any fiscal effect independent of these statutory changes. The statutory changes eliminated the requirement that a respondent in a chapter 51 proceeding or a chapter 55 proceeding complete a financial application before qualifying for representation through the State Public Defender (SPD).
The estimated fiscal effect of the legislation was summarized in the Legislative Fiscal Bureau's Paper Number 621 (May 8, 2007). This paper (at p. 5) reviewed the average cost for chapter 51 and chapter 55 cases and the estimated number of additional cases under these chapters in which the SPD would appoint an attorney. The estimated annual cost to the SPD was $320,500, the amount by which the SPD's budget was increased beginning in fiscal year 2008-2009.
State fiscal effect
None.
Local government fiscal effect
None.
Private sector fiscal effect
None.
Long-range fiscal implications
As noted above, the fiscal effect stems from the statutory changes, not from the administrative rules. The two major factors that may affect the SPD's costs from the statutory changes are 1) the number of chapter 51 and chapter 55 cases and 2) the average costs of providing representation in these cases.
Agency Contact Person
Marla Stephens
315 N. Henry Street, 2nd Floor
P.O. Box 7923, Madison, Wisconsin 53707-7923
Phone: 414.227.4891
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN that pursuant to ss.
119.23 (2) (a) 6. c. and
227.11 (2) (a), Stats., the Department of Public Instruction will hold a public hearing as follows to consider proposed permanent rules to create section
PI 35.07, relating to establishing a nonrenewable waiver from the requirement that a teacher have a bachelor's degree in order to teach in a private school under the Milwaukee Parental Choice Program.
Hearing Information
The hearing will be held as follows:
December 8, 2009 Milwaukee
4:30 – 6:00 p.m. Hope Christian School — Fortis
3601 North Port Washington Ave.
Room 207
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Robert Soldner, Director, School Management Services, (608) 266-7475 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Proposed Rule
Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Submission of Written Comments
Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than December 14, 2009, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by Department of Public Instruction
Statute interpreted
Statutory authority
Explanation of agency authority
Section
119.23 (2) (a) 6. c., Stats., requires the department to, by rule, implement a process to issue a temporary, nonrenewable waiver to certain teachers that meet specific statutory requirements and who are employed by a private school participating in the Milwaukee Parental Choice Program (MPCP) program.
Section
119.23 (11), Stats., requires the department to promulgate rules to implement and administer the MPCP.
Section
227.11 (2) (a), Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
SECTION 9139 (4r) of the nonstatutory provisions of
2009 Wisconsin Act 28, requires the department to, no later than the first day of the 4
th month beginning after the effective date of the Act (October 1, 2009), submit proposed rules to the Legislative Council staff.
Related statute or rule
N/A
Plain language analysis
2009 Wisconsin Act 28, the 2009-11 biennial budget bill, made several modifications to the Milwaukee Parental Choice Program under s.
119.23, Stats. Several of the modifications require that the department develop rules to implement the statutory provisions. One of those modifications requires the department to develop a rule setting forth the process to issue a temporary, nonrenewable waiver for eligible teachers who have been teaching in a participating private school for at least 5 consecutive years immediately preceding July 1, 2010, but do not have a bachelor's degree.
By statute, a teacher may apply for a temporary, nonrenewable waiver if he or she:
•
Was employed by the private school participating in the Milwaukee Parental Choice Program (MPCP) on July 1, 2010,
•
Has been teaching for at least the 5 consecutive years immediately preceding July 1, 2010, and
•
Does not have a bachelor's degree from an accredited institution of higher education on July 1, 2010.
The statutes further require the applicant to submit to the department a waiver application designed by the department and a plan for satisfying the requirements under s.
119.23 (2) (a) 6. a., Stats., including the name of the accredited institution of higher education at which the teacher is pursuing or will pursue the bachelor's degree and the anticipated date on which the teacher expects to complete the bachelor's degree.
The rules include the statutory requirements described above and establish the process for requesting the temporary, nonrenewable waiver. The rules require specific information to be submitted by July 31, 2010, when applying for the waiver, including:
•
Information documenting that the institution of higher education is accredited.
•
The name and contact information of the accredited institution of higher learning.
•
A list of specific classes to be taken to complete the bachelor's degree.
•
If applicable, an official transcript showing courses already completed that count toward the bachelor's degree.
•
Information demonstrating a bachelor's degree from the accredited institution of higher education can be issued within five years under the plan proposed by the applicant.
Finally, no waiver granted under these rules is valid after July 31, 2015.
The Act requires the permanent rules to be submitted to the Legislative Council by October 1, 2009.
Comparison with federal regulations
N/A
Comparison with rules in adjacent states
Illinois, Iowa, Michigan, and Minnesota do not have rules relating to private school voucher programs.
Summary of factual data and analytical methodologies
The waiver granted under these rules is only available to teachers that meet the requirements on July 1, 2010 and valid until July 31, 2015. The information required in the rule is typical of information requested from regular teachers in determining whether they are on-track to receiving proper certification.
Analysis and supporting documents used to determine effect on small business
N/A
Small Business Impact
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Fiscal Estimate
Summary
The rule sets forth the process to issue a temporary, nonrenewable waiver for eligible teachers who have been teaching in a participating private school but do not meet the new licensing requirement created by
2009 Wis. Act 28 under s.
119.23 (2) (a) 6. a, Stats.
The rules will have no local fiscal effect and will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
The costs associated with the new waiver application process and review will be absorbed by the department.
