PROPOSED ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
REVISING PERMANENT RULES
The scope statement for this rule, SS 067-15, was published in Register No. 716A2 on August 10, 2015 and approved by State Superintendent Tony Evers on August 24, 2015, and modifies SS 115-13, which was published in Register No. 693, on September 14, 2013, and approved by State Superintendent Tony Evers on September 24, 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, 2015 WI App 21, 361 Wis.2d 255. The State Superintendent of Public Instruction hereby proposes an order to amend PI 11.24 (1), PI 18.04 (1) (c), and PI 18.05 (1) (a) and (b); and to repeal and recreate PI 18.03; relating to changes needed as a result of 2011 Wisconsin Act 105. The rules are being adopted under s. 227.16 (2) (b), Stats., which provides that rulemaking does not need to be preceded by notice and public hearing if the proposed rule brings an existing rule into conformity with a statute that has been changed. ____________________________________________________________________________________________
ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Explanation of agency authority:
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.” As such, PI 11 is required to effectively implement and provide transparency to the programs involving children with disabilities under Subchapter V of ch. 115, Stats. PI 18 has statutory authority under s. 118.33 (2), Stats. 118.33 High school graduation standards; criteria for promotion.
(2) The state superintendent shall:
(c) Establish course requirements under sub. (1) (a) and approve any school board's high school graduation standards policy that is equivalent to the requirements under sub. (1).
(m) Adopt policies to accommodate pupils with exceptional educational interests, needs or requirements, not limited to children with disabilities, as defined under s. 115.76 (5). …
(4)
(a) The state superintendent shall establish procedures for school boards to certify to the state superintendent whether they are in compliance with the requirements under sub. (1) and the rules promulgated under sub. (2).
(b) The state superintendent may periodically review school district high school graduation standards and shall notify any school board not in compliance with the requirements under sub. (1) or the rules promulgated under sub. (2), identifying the changes necessary. Related statute or rule: None.
Plain language analysis:
This proposed rule change will align PI 11 and 18 with the statutory changes made as a result of 2011 Wisconsin Act 105. 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: N/A.
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 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
(608) 267-9127
Place where comments are to be submitted and deadline for submission:
As provided in s. 227.16 (2) (b), Stats., there is no requirement that a public hearing be held for this rule because the proposed rule brings an existing rule into conformity with a statute that has been changed. __________________________________________________________________________________________________
