CR 15-038 Rule Text

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION

REVISING PERMANENT RULES

  The scope statement for this rule, SS 046-14, was published in Register No. 701B, on May 31, 2014, and approved by Superintendent Evers, on June 10, 2014. 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 amend ch. PI 17 (title), ss. PI 17.01, 17.03 (title), (1), (2) (intro.) and (c), 17.03 (3) and (3) (e), (4), and (5), 17.04 (intro.), (1), and (2), 17.05 (title), (1) (intro.), (2) (intro.) and (b), and (4); to renumber s. PI 17.02 (1); and to create ss. PI 17.02 (1), (2m), and (6) and 17.03 (2) (d); relating to changes as a result of 2013 Wisconsin Act 257.

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ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION

Statute interpreted: 121.14, Stats.

Statutory authority: 121.14, Stats., and 227.11(2)(a)(intro), Stats.

Explanation of agency authority:

Under ss. 227.11 (2)(a) (intro) and 121.14, Stats., the Department is authorized to establish criteria for summer school classes and interim session classes receiving state aid. Section 121.14 (1) (a), Stats., provides specific rulemaking authority as follows:

121.14 State aid for summer classes and interim session classes.

(1)

(a) State aid shall be paid to each district or county children with disabilities education board for all of the following:

1. Subject to par. (b), those academic summer classes or laboratory periods that are for necessary academic purposes, as defined by the state superintendent by rule.

2. Subject to par. (b), for a school district or county children with disabilities education board that provides year-round school, those interim session classes or laboratory periods that are for necessary academic purposes, as defined by the state superintendent by rule.

Related statute or rule: None.

Plain language analysis:

This proposed change will modify ch. PI 17 as a result of statutory change made in 2013 Wisconsin Act 257. Any other changes to ch. PI 17 that are needed to align with ch. PI 17 with current statutes will also be made.

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:

This is a change to align ch. PI 17 with the statutory changes made as a result of 2013 Wisconsin Act 257, including changes to s. 121.14, Stats.

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) (a), Stats.

Agency contact person: (including email and telephone)

Carl Bryan

Budget and Policy Analyst

Wisconsin Department of Public Instruction

[e-mail]

[phone]

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 [e-mail]. The Department will publish a hearing notice in the Administrative Register which will provide information on the deadline for the submission of comments.

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SECTION 1. Chapter PI 17 (title) is amended to read:

Chapter PI 17

SUMMER SCHOOL PROGRAMSAND INTERIM SESSION CLASSES

SECTION 2. PI 17.01 is amended to read:

PI 17.01 Applicability and purpose. This chapter establishes criteria for summer school programsand interim session classes receiving state aid, as authorized under s. 121.14, Stats.

  SECTION 3. PI 17.02 (1) is renumbered PI 17.02 (1m).

  SECTION 4. PI 17.02 (1), (2m) and (6) are created to read:

(1) “Academic purposes” means summer or interim session learning experiences that are related or similar to instruction that is offered during the rest of the school year or for which credit toward graduation is given.

(2m) “Interim session” has the meaning given in s. 115.001(3m), Stats., for school districts or county children with disabilities education boards that provide year-round school. Interim sessions are not an extension of the regular school day or school week.

(6) “Year-round school” means a school that does not have more than 45 calendar days between consecutive sessions during which hours of direct pupil instruction are counted to meet the requirement in s. 121.02 (1) (f), Stats.

  SECTION 5. PI 17.03 (title), (1), (2) (intro.) and (c) are amended to read:

PI 17.03 Summer school programsand interim session classes. (1) Under s. 121.14, Stats., a school district or county children with disabilities education board may count pupils for aid membership for those academic summer classes or laboratory periods that are necessary for academic purposes, as specified under this chapter. A school district may operate a summer schoolUnder s. 121.14, Stats., a school district or county children with disabilities education board that provides year-round school may count pupils for aid membership for those interim session classes or laboratory periods that are necessary for academic purposes. A school district may operate a summer or interim session program in cooperation with a CESA or another school district under an agreement as provided in s. 66.0301, Stats. In this section, “academic purposes” means summer school learning experiences are related or similar to instruction that is offered during the rest of the school year or for which credit toward graduation is given.

(2) Summer school coursesand interim session classes necessary for academic purposes may include all any of the following:

(c) Up to 270 minutes of instructional time, including field trips, per student, per day, if accompanied by a department-licensed teacher, and if all pupils have equal access to field trips, regardless of their ability to pay.

SECTION 6. PI 17.03 (2) (d) is created to read:

(d) Online classes offered to high school pupils and pupils in grades 7 and 8 that meet the requirements of s. 121.004 (8) (b), Stats., and s. PI 36.11 (1) and in which at least 8,100 minutes of direct instruction are required to earn one credit and the lesser hours are to be prorated accordingly.

  SECTION 7. PI 17.03 (3) (intro.) and (e), (4), and (5) are amended to read:

17.03 (3) Summer school and interim session activities not necessary for academic purposes include all of the following:

(e) Any offering not provided by or directed on site by a department-licensed teacher.

(4) A school district under sub.(1) shall annually submit to the department a summer school or interim session membership report.