Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
Section
PI 21.05 requires the Department of Public Instruction (DPI) to issue certificates. This will soon be unnecessary since the Department of Transportation (DOT) is going to issue on-line certificates which will apply to students in school driver education programs. This rule change will not take effect until DOT begins issuing these on-line certificates.
Additionally, s.
PI 21.04 requires DPI to approve driver education course plans. However, to be more efficient, DPI is modifying the way it reviews driver education course plans. The DPI proposes modifying s.
PI 21.04 to state that a public or private high school, county children with disabilities education board, or a CESA submitting on behalf of a district that it has contracted with to provide driver education instructional services, must submit an assurance stating they are complying with the program requirements in s.
PI 21.04 in order to receive DPI approval. This assurance will substitute for DPI actively approving the program. The DPI will continue to review each program's instructors to verify that their departmental driver education certification is current and valid.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
These changes are designed to update the rule to reflect future practice. If these changes are not made, the rule may not align with agency practice.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
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." Under s.
115.28 (11), Stats., the DPI is required to approve driver education course plans that meet certain guidelines.
115.28 General duties. The state superintendent shall:
(11) Driver education courses. Approve driver education courses offered by school districts, county children with disabilities education boards, and technical college districts for the purposes of s.
343.16 (1) (c) 1. and establish minimum standards for driver education courses offered in private schools and tribal schools for the purposes of s.
343.16 (1) (c) 3. All driver education courses approved or for which standards are established under this subsection shall do all of the following:
(a) Acquaint each student with the hazards posed by farm machinery and animals on highways and provide instruction in safely dealing with such hazards.
(b) Provide at least 30 minutes of instruction relating to organ and tissue donation and organ and tissue donation procedures.
(c) Provide at least 30 minutes of instruction on motorcycle awareness, as approved by a recognized motorcycle safety and awareness organization, and pedestrian and bicycle awareness, as approved by a recognized pedestrian and bicycle safety and awareness organization.
(d) Include instruction relating to passing stopped emergency vehicles, tow trucks, and highway machinery equipment.
(e) Acquaint each student with the hazards posed by railroad highway grade crossings and provide at least 30 minutes of instruction in safely dealing with these hazards.
(f) Acquaint each student with the hazards posed by composing or sending electronic text messages or electronic mail messages while driving and with the provisions of s.
346.89 (3).
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 DPI staff and the amount of other resources necessary are minimal.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This may affect public or private high schools, county children with disabilities education boards, or CESAs contracted by public school districts to provide driver education instructional services, since their driver education courses are being reviewed by the DPI.
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.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
9. Contact Person
Katie Schumacher, 267-9127 or katie.schumacher@ dpi.wi.gov.
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
Grants for alcohol and other drug abuse programs.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
First, the proposed rule change would realign ch.
PI 32 with the Wisconsin Statutes.
2011 Wisconsin Act 32 deleted Sections
20.255 (2) (dm) and
115.361, Stats. Thus, this rule change would eliminate the references to those statutory sections in the rule.
Second, this rule change would eliminate s.
PI 32.05, which provides a detailed description for the Alcohol and Other Drug Abuse (AODA) Program Advisory Council required under s.
115.36 (2) (e), Stats. The requirements in PI 32.05 are no longer needed because
2011 Wisconsin Act 32 deleted one of the AODA appropriations (s.
20.255 (2) (dm), Stats.), which had the majority of the AODA grant funds. Given the reduced grant appropriations, the DPI believes that the size of the AODA Council can be reduced accordingly.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Sections
20.255 (2) (dm) and
115.361, Stats., provided the appropriation and legal authority for an AODA prevention and intervention program.
Section
PI 32.05 provides for an 18 member AODA Program Advisory Council and restrictions on the number of terms a member can serve on the Council. Given the reduced grant appropriations, the DPI believes that the size of the AODA Council can be reduced accordingly.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
115.36 Assistance to schools for alcohol and other drug abuse programs.
(3) (a) The department shall, from the appropriation under s.
20.255 (2) (kd), fund school district projects designed to assist minors experiencing problems resulting from the use of alcohol or other drugs or to prevent alcohol or other drug abuse by minors. The department shall:
1. Administer grant application and disbursement of funds.
2. Monitor program implementation.
3. Assist in and ensure evaluation of projects.
4. Report biennially in its report under s.
15.04 (1) (d) on program progress and project evaluation.
5. Promulgate necessary rules for the implementation of this subsection.
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 minimal.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This will affect local educational agency staff and professionals in the AODA field and related interest groups.
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.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
9. Contact Person
Katie Schumacher, 267-9127 or katie.schumacher@ dpi.wi.gov.
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
Grants for nursing services.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
This rule change will eliminate ch.
PI 33, the rule chapter for the Grants for Nursing Services.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
2011 Wisconsin Act 32 eliminated the Grants for Nursing Services under ss.
115.28 (47) and
20.255 (2) (dL), Stats. Since there is no longer any statutory or funding authority for the program, the rules are no longer necessary. Thus, this rule change will eliminate ch.
PI 33.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
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 minimal.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rule change should not affect any entity since the statutory authority for this program has already been rescinded.
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.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
