Wisconsin Legislature: 002 - CR 16-006 Rule Text

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION

CREATING PERMANENT RULES

The scope statement for this rule, SS 073-15, was published in Register No. 716A2, on August 10, 2015, and approved by State Superintendent Tony Evers on August 24, 2015, and modifies SS 087-13, which was published in Register No. 691 on July 13, 2013 and approved by State Superintendent Tony Evers on August 13, 2013. Pursuant to Coyne v. Walker, the Department of Public Instruction is not required to obtain the Governor’s approval for the statement of scope for this rule. Coyne v. Walker, No. 2013AP416, 2015 WL 686178 (Wis. Ct. App. Feb. 19, 2015).

The State Superintendent of Public Instruction hereby proposes to create PI 48 relating to the parental choice program for eligible school districts and other school districts.

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ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION

Statute interpreted: 118.60, Stats.

Statutory authority: 118.60 (11) (a), Stats.

Explanation of agency authority:

The DPI is explicitly required by statute to create a rule to implement and administer s. 118.60, Stats. Specifically, s. 118.60 (11) (a) provides:

118.60 Parental choice program for eligible school districts and other school districts.

(11) The department shall do all of the following:

(a) Promulgate rules to implement and administer this section. The department may not by rule establish standards under sub. (7) (am) that exceed the standards established by the American Institute of Certified Public Accountants.

Related statute or rule: N/A

Plain language analysis:

The 2011-13 budget, 2011 Wisconsin Act 32, created the Parental Choice Programs for Eligible School Districts under s. 118.60, Stats. The 2013-15 budget, 2013 Wisconsin Act 20, significantly modified s. 118.60, Stats., including creating the Parental Choice Program for Eligible School Districts and Other School Districts. The 2015-17 budget, 2015 Wisconsin Act 55, further modified s. 118.60, Stats., and included a new funding mechanism for how choice pupils are counted and aided. The DPI is proposing to create a rule to govern the implementation and administration of both programs.

Summary of, and comparison with, existing or proposed federal regulations: N/A

Comparison with rules in adjacent states: N/A

Summary of factual data and analytical methodologies:

The DPI is proposing to create a rule, PI 48, to implement and administer the Parental Choice Program for Eligible School Districts and Other School Districts based on s. 118.60, Stats. Without a rule, the DPI will not be able to provide transparency in how it is implementing and administering these programs.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: N/A

Anticipated costs incurred by private sector: N/A

Effect on small business:

The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1), Stats.

Agency contact person: (including email and telephone)

Carl Bryan

Budget and Policy Analyst

Wisconsin Department of Public Instruction

Carl.Bryan@dpi.wi.gov

(608) 267-9127

Place where comments are to be submitted and deadline for submission:

Comments should be submitted to Carl Bryan, Department of Public Instruction, 125 S. Webster Street, P.O. Box 7841, Madison, WI 53707-7841 or at Carl.Bryan@dpi.wi.gov. The department will publish a hearing notice in the Administrative Register that will provide information on the deadline for the submission of comments.

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SECTION 1. PI 48 is created to read:

CHAPTER PI 48

RACINE AND WISCONSIN PARENTAL CHOICE PROGRAMS

PI 48.01 Purpose. Any qualified pupil in grades kindergarten to 12 who meets the requirements under s. 118.60 (2) (a), Stats., may attend any school participating in the Racine parental choice program or Wisconsin parental choice program under s. 118.60, Stats. This chapter establishes approval criteria and requirements for schools participating in the choice programs under s. 118.60, Stats., and requirements for receipt of state aid under s. 118.60 (4) and (4m), Stats.

PI 48.02 Definitions. In this chapter:

(1) “Average attendance rate” means the rate obtained by dividing the aggregate number of full-time equivalent days of a pupil’s actual attendance by the aggregate number of full-time equivalent days the pupil was enrolled.

(2) “Choice administrator” means the person signing the notice of intent to participate form s. PI 48.03 (3) or (4).

(3) “Choice program” means the Racine parental choice program or the Wisconsin parental choice program, or both.

(4) “Classroom records” means teacher-recorded test scores, teacher-originated report cards and progress reports, and teacher-originated attendance records. (5) “Count date” means the third Friday in September and the second Friday in January except as provided under s. 121.05 (3m), Stats.

(6) “Credit” means the credit given to pupils in grades 9 through 12 for successful completion of a school term of study in one course that meets daily for a normal class period or the equivalent established by the board or the governing body or entity of any school.

(7) “Department” means the Wisconsin department of public instruction.

(8) “Eligible education expenses” has the meaning given in s. 118.60 (7) (am) 1m., Stats.

(9) “Financial audit” means the audit of a school required under s. 118.60 (7) (am) 2m. a., Stats.

(10) “Financially viable” or “financial viability” means the ability of the school to pay for goods and services, make debt service payments, and pay other obligations as they become due.

(11) “First time participant” means a school that meets one the following:

(a) The school did not participate in the private school choice programs in the preceding school year.

(b) The school participated in the private school choice programs in the preceding school year but voluntarily withdrew from participation during the preceding or current school year.

(c) The school participated in the private school choice programs in the preceding school year but was issued an order from the state superintendent terminating or barring the school’s participation in the program during the preceding or current school year.

(12) “4-year-old kindergarten outreach activities” means the direct services a school provides to 4-year-old kindergarten parents, legal guardians, and primary caregivers that has an educational component that fulfills the requirements of s. 121.004 (7) (cm), Stats.

(13) “Generally accepted auditing standards” means the auditing standards prescribed by the accounting examining board under s. Accy 1.202.

(14) “Grade equivalent” means the scaled score that corresponds to a pupil’s raw score on a standardized achievement test, as determined by the test’s publisher.

(15) “New private school” has the meaning given in s. 118.60 (1) (bn), Stats.

(16) “Official attendance records” means a listing of all kindergarten through grade 12 pupils enrolled in the school by grade level from the student information system required under s. 115.383 (3) (b), Stats.

(17) “Parent” means a parent listed on the application who is the pupil’s biological parent, legal guardian, parent by adoption or step-parent who resides in the same household as the pupil applicant. A parent on military duty is considered to be residing in the household.

(18) “Private school choice programs” means the programs established under ss. 119.23 and 118.60, Stats.

(19) “Professional standards” means both of the following:

(a) Standards established by the accounting examining board under ch. 442, Stats.

(b) Standards issued by the comptroller general of the United States for engagements in which the use of generally accepted governmental auditing standards is required.

(20) “Racine parental choice program” means the program established under s. 118.60, Stats., for pupils residing in Racine Unified School District.

(21) “Reserve” means the difference between the revenue received under ss. 118.60 and 119.23, Stats., and the amount of net eligible education expenses for private school choice program pupils.

(22) “School term” has the meaning given in s. 115.001 (12), Stats.

(23) “School year” has the meaning given in s. 115.001 (13), Stats.

(24) “Significant academic progress” means a pupil demonstrates the following:

(a) Improvement in reading and mathematics in comparison to the pupil’s performance level in the previous school year.