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.
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
Full-time Open Enrollment Program.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The Full-Time Open Enrollment Program was created by
1997 Wisconsin Act 27. Since then, the statute has been amended or affected by ten legislative enactments including: changes to 4-year-old kindergarten eligibility for open enrollment; limiting the number of districts a pupil can apply to; waiting lists; preferences and guarantees for certain students; transportation for open enrolled students; open enrollment to virtual charter schools; and habitual truancy. The program has been affected by one federal court decision, two state appeals court decisions and a number of circuit court decisions. Nearly 3000 appeals have been filed with the Department.
The most recent change to full-time open enrollment occurred with
2011 Wisconsin Act 114, which changed the timing of the application process under the Open Enrollment Program and permitted certain pupils to submit open enrollment applications outside the regular application period, thus changing the nature of the Open Enrollment Program from a once-a-year time-limited application period to a year-round opportunity to apply. Specifically,
2011 Wisconsin Act 114 changes s.
118.51, Stats., by requiring pupils to submit an enrollment application no later than the last weekday in April, rather than no later than the 3
rd Friday following the first Monday in February. As a result of this change, subsequent deadlines are adjusted accordingly.
2011 Act 114 also changes s.
118.51, Stats., by allowing alternative open enrollment procedures under certain circumstances.
The rules have only been amended three times since they were first promulgated in July 1998 including: addressing the number of districts a pupil may apply to, and establishing wait lists, and modifying the method of serving notices of denial. The rule amendments do not incorporate all of the statutory changes that have occurred.
The objective of the proposed rule-making is to update the full-time enrollment portion of ch.
PI 36 to address the many statutory changes made over the years and to address issues that have arisen over the past 14 years. Finally, this rule change will also include any changes to the Full-Time Open Enrollment Program stemming from the passage of the 2013-15 biennial budget.
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
Chapter
PI 36 currently addresses full-time open enrollment in the context of parent and pupil responsibilities, nonresident school board responsibilities, and resident school board responsibilities. Currently, these areas reflect the law as it existed prior to the enactment of
2011 Wisconsin Act 114, as well a number of other acts and court decisions. The DPI is proposing to update the full-time open enrollment portion of ch.
PI 36 so that it reflects the current state of the law. The alternative to not promulgating this rule is to have an administrative rules chapter that is outdated.
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.
118.51, Stats., the DPI requires rules to effectively implement the Full-Time Open Enrollment Program.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
No additional resources are needed to develop the rule. Language will be drafted by existing staff and is estimated that drafting can be completed in 2-4 weeks.
6. List with Description of all Entities that may be Affected by the Proposed Rule
School districts, parents, and pupils will be affected 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.
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.
Safety and Professional Services —
Controlled Substances Board
This statement of scope was approved by the governor on May 17, 2013.
Rule No.
