PI 1.03(3)(b)(b) The complaint or appeal is not legally sufficient to state a claim upon which relief may be granted. PI 1.03(3)(c)(c) The state superintendent does not have jurisdiction in the matter. PI 1.03(3)(d)(d) The complainant or appellant does not include sufficient allegations of fact that, if accepted as true, would support the complaint or appeal. PI 1.03 HistoryHistory: Cr. Register, December, 1987, No. 384, eff. 1-1-88; CR 17-052: am. (1), (2), r. and recr. (3) Register January 2018 No. 745 eff. 2-1-18. PI 1.04PI 1.04 Procedures. Upon receipt of a written complaint or appeal filed under s. PI 1.03, the state superintendent shall acknowledge receipt of the complaint or appeal in writing and shall use any or all of the following procedures that the state superintendent determines to be appropriate: PI 1.04(1)(1) Provide technical assistance and information and attempt to resolve the matter informally. PI 1.04(2)(2) Refer the complainant to another state agency for action or resolution. PI 1.04(5)(5) Issue a decision based on a review of the record of a hearing held before the local education agency. PI 1.04(6)(6) Issue protective orders or grant temporary relief as deemed necessary by the state superintendent to preserve the rights of any party prior to the issuance of a final decision or order. PI 1.04(8)(8) Direct the complainant to exhaust any administrative remedies available before the local education agency. PI 1.04 HistoryHistory: Cr. Register, December, 1987, No. 384, eff. 1-1-88; CR 17-052: am. (intro.), r. and recr. (9) Register January 2018 No. 745 eff. 2-1-18. PI 1.05(1)(1) If the state superintendent determines under s. PI 1.04 (3) to conduct an investigation, the investigation may include an on-site review or any other activity which the state superintendent deems appropriate. PI 1.05(2)(2) The state superintendent may determine whether reasonable grounds exist for believing that the matter asserted by the complainant or appellant is probably true, and may issue a finding to that effect. PI 1.05(3)(3) During the investigation, the state superintendent may keep the identity of the complainant in confidence if, in the state superintendents’ judgment, disclosure of the complainant’s identity would be likely to subject the complainant to retaliatory action or would otherwise jeopardize the investigation. PI 1.05 HistoryHistory: Cr. Register, December, 1987, No. 384, eff. 1-1-88. PI 1.06(1)(1) Prior to holding a hearing regarding a complaint or an appeal, the state superintendent may attempt to resolve the matter through mediation if the parties agree. The state superintendent shall appoint the mediator. If the parties agree to a negotiated settlement, the mediator shall notify the state superintendent of the terms of the settlement and the state superintendent shall find that the matter is resolved. If the parties are unable to agree to a negotiated settlement, the state superintendent shall determine which other procedures under s. PI 1.04 to follow. PI 1.06(2)(2) The mediation sessions shall be conducted at the discretion of the mediator, except that if a negotiated settlement has not been reached within 90 days after the mediator received the complaint or appeal, the mediator shall either request an extension of time or inform the state superintendent that the mediation effort is unsuccessful. PI 1.06 HistoryHistory: Cr. Register, December, 1987, No. 384, eff. 1-1-88. PI 1.07(1)(1) When held. The state superintendent shall conduct a hearing when required by the statute or rule under which the complaint or appeal is filed or when required under s. 227.42, Stats. The state superintendent may conduct a hearing in other matters if he or she deems it is appropriate. PI 1.07(2)(2) Notice. Except in case of emergency, as determined by the state superintendent, at least 10 days prior to the hearing the state superintendent shall mail to the parties, by certified mail, written notice of hearing stating the time, date and place of the hearing, the nature of the case, a general statement of the issues to be heard and the procedures to be followed. The parties may by mutual consent waive the right to notice. The state superintendent may postpone the hearing in the case of exceptional circumstances. PI 1.07(3)(3) Hearing examiner. The state superintendent shall preside over the hearing or appoint a hearing examiner. The state superintendent may not appoint any person as hearing examiner who has been involved, either directly or indirectly, with the action or decision which is the subject of the complaint or appeal. PI 1.07(4)(a)(a) If the state superintendent determines that the matter is a contested case under s. 227.01 (3), Stats., the hearing shall be conducted under procedures specified under subch. III of ch. 227, Stats., and this chapter. PI 1.07(4)(b)(b) The hearing examiner shall have the powers specified under s. 227.46, Stats., regardless of whether the matter is being treated as a contested case under ch. 227, Stats. PI 1.07(4)(c)(c) If the local education agency fails to appear at the hearing, the hearing examiner may proceed with the hearing. PI 1.07(5)(5) Hearing record and transcripts. The department shall ensure that a stenographic or electronic record of oral proceedings is made when required under ch. 227, Stats. The department shall transcribe the hearing record at the request of either party if the transcript is needed for an appeal of the decision of the state superintendent or hearing examiner. The department shall charge a reasonable fee for transcribing the hearing record unless the state superintendent determines that the party is unable to pay. PI 1.07(6)(6) Notices remain in effect. Except as otherwise specified in the applicable decision and order, a decision and order of the state superintendent or department that is being reviewed under this chapter shall remain in effect until a final decision and order is issued under s. 227.47, Stats. PI 1.07 HistoryHistory: Cr. Register, December, 1987, No. 384, eff. 1-1-88; CR 17-052: am. (4) (a), (b), cr. (6) Register January 2018 No. 745 eff. 2-1-18. PI 1.08PI 1.08 Decision. Following the hearing of a contested case under ch. 227, Stats., and when otherwise required by statute or rule, the decision of the state superintendent or hearing examiner shall be in writing stating separate findings of fact and conclusions of law. The decision may order remedies which the state superintendent or hearing examiner determines appropriate, and may or may not include the relief sought by the complainant or appellant. Decisions shall be served on all parties by mailing a copy to each party’s last known address along with a notice of any right to further review as may be provided by the statute or rule under which the complaint is filed or ss. 227.52 to 227.57, Stats. PI 1.09PI 1.09 Withdrawal, failure to prosecute. PI 1.09(1)(1) Withdrawal. At any time prior to the issuance of a final decision, the complainant or appellant may withdraw the complaint or appeal in writing. Upon receiving such a request, the state superintendent shall issue an order dismissing the matter without prejudice. PI 1.09(2)(2) Failure to prosecute. The state superintendent may dismiss any complaint or appeal if any of the following occurs: PI 1.09(2)(a)(a) The complainant or appellant fails to respond within 20 days to correspondence, sent by U.S. mail or electronic mail to his or her last known address, from or on behalf of the state superintendent concerning the complaint or appeal. PI 1.09(2)(b)(b) The complainant or appellant fails to appear at the hearing. PI 1.09 HistoryHistory: Cr. Register, December, 1987, No. 384, eff. 1-1-88; CR 17-052: am. (2) (intro.), (a) Register January 2018 No. 745 eff. 2-1-18. PI 1.10PI 1.10 Rights to further review. PI 1.10(1)(1) Upon the request of either party, the state superintendent may reopen a complaint or appeal which was resolved informally or through mediation. If the state superintendent reopens the complaint or appeal, he or she shall determine which procedures under s. PI 1.04 to follow. PI 1.10(2)(2) Final decisions issued by the state superintendent shall specify any rights the parties may have to judicial review under ch. 227, Stats., or other statute or rule. PI 1.10 HistoryHistory: Cr. Register, December, 1987, No. 384, eff. 1-1-88. PI 1.11PI 1.11 Food and nutrition appeals. PI 1.11(2)(2) Who may request. A person or institution adversely affected by an action of the department under 7 CFR part 210, 215, 220, 225, or 226 may request a desk review or a contested case hearing on that action. PI 1.11(3)(3) Request form. In order to be considered, a request under sub. (2) shall be filed with the office of legal services within 15 days of the date of the department’s action on a form provided by the department. PI 1.11 NoteNote: A request for a desk review or a contested case hearing may be filed with the office of legal services at the following address:
Office of Legal Services
Wisconsin Department of Public Instruction
125 S. Webster St.
PO Box 7841
Madison, WI 53707-7841
PI 1.11(4)(4) Granting a request. The department shall grant a request for desk review or contested case hearing if all of the following apply: PI 1.11(4)(a)(a) The department has jurisdiction over the matter. PI 1.11(4)(b)(b) The request for a desk review or contested case hearing complies with the requirements under subs. (2) and (3). PI 1.11 HistoryHistory: CR 17-052: cr. Register January 2018 No. 745 eff. 2-1-18.
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