Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
Incorporating intellectual disability terminology and concepts.
Rule Type
Permanent.
1. Finding/Nature of Emergency (for Emergency Rules Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
This proposed rule change may adjust the terminology, definition, and eligibility contained in s.
PI 11.36 (1), or a combination thereof, to align with language used in federal law (Rosa's Law, Pub. L. 111-256) and with the American Association on Intellectual and Developmental Disabilities' classification manual, Intellectual Disability: Definition, Classification, and Systems of Supports, 11th edition (2010).
3. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The language in s.
PI 11.36 (1) uses cognitive disability. The term cognitive disability and its definition are not consistent with current means of determining whether someone has an intellectual disability. As a result, cognitive disability may be changed to intellectual disability and the definition of and determination of an intellectual disability may be changed to align with the American Association on Intellectual and Development Disabilities' classification manual, Intellectual Disability: Definition, Classification, and Systems of Supports, 11
th edition (2010) and to include current terminology used in the Wisconsin Model Early Learning Standards.
4. Detailed Explanation of Statutory Authority for the Rule
Under s.
227.11 (2) (a) (intro), Stats., “Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation." As such, ch.
PI 11 is required to effectively implement and provide transparency to the programs involving children with disabilities under Subchapter
V of ch. 115, Stats.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary 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. List with Description of all Entities that may be Affected by the Proposed Rule
This will affect school districts.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
N/A.
Contact Person
Bureau For Policy and Budget
Attn: Katie Schumacher
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
Identification of children with significant developmental delay (SDD).
Rule Type
Permanent.
1. Finding/Nature of Emergency (for Emergency Rules Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
20 U.S.C. 1401(3)(B) permits the identification of children with significant development delay (SDD) through the age of nine rather than six. This proposed rule change will consider changes to ch.
PI 11 based on that option.
3. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Allowing a child with SDD to be identified through the age of nine will provide a longer window of time to assess whether the child has a specific disability, thus addressing difficulties with accurate assessment and labeling certain children beyond age 6 who are still in need of educational interventions.
4. Detailed Explanation of Statutory Authority for the Rule
Under s.
227.11 (2) (a) (intro), Stats., “Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation." As such, ch.
PI 11 is required to effectively implement and provide transparency to the programs involving children with disabilities under Subchapter
V of ch. 115, Stats.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary 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. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule would impact local educational agencies that provide programs to children with disabilities in Wisconsin.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
20 U.S.C. 1401(3)(B) permits the identification of children with significant developmental delay (SDD) through the age of nine.
Contact Person
Bureau For Policy and Budget
Attn: Katie Schumacher
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
Rule Type
Permanent.
1. Finding/Nature of Emergency (for Emergency Rules Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
This proposed rule change will align ch.
PI 45 with the statutory changes made as a result of
2013 Wisconsin Act 115. Any other changes to ch.
PI 45 that are needed to align ch.
PI 45 with current statutes will also be made.
3. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
This is a change to align ch.
PI 45 with the changes in s.
118.134, Stats.
4. Detailed Explanation of Statutory Authority for the Rule
Under s.
118.134 (4) (a), Stats., the State Superintendent is required to promulgate rules to implement and administer s.
118.134, Stats., the statute on schools' race-based nicknames, logos, mascots, and team names.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary 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. List with Description of all Entities that may be Affected by the Proposed Rule
School districts may be impacted by this rule.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
N/A.
Contact Person
Bureau For Policy and Budget
Attn: Katie Schumacher
