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PROPOSED ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
REVISING PERMANENT RULES
The scope statement for this rule, SS 71-15, was published in Register No. 716A2, on August 10, 2015, and approved by State Superintendent Tony Evers on August 24, 2015. 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, 2016 WI 38.
The State Superintendent of Public Instruction hereby proposes to repeal ss. PI 24.03 (1) (a) 2. and 3. and (b) and (c), and PI 24.03 (3) (b) and (c); to consolidate, number and amend ss. PI 24.03 (1) and (a) 1., and PI 24.03 (3) and (a); to amend ss. PI 24.015 (1) and (2) and (4), PI 24.02, PI 24.03 (2), and PI 24.03 (Note); and to create PI 24.03 (2m); relating to changes to PI 24 as a result of 2011 Wisconsin Act 105 and 2015 Wisconsin Act 53.
ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Statute interpreted: ss. 118.43 (6m) and 118.44 (6) (e), Stats.
Statutory authority: ss. 118.43 (6m) and 118.44 (6) (e), Stats.
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, a rule is required to effectively implement and administer the payment of state aid under ss. 118.43 (6m) and 118.44 (6) (e), Stats.
Related statute or rule: N/A
Plain language analysis:
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 proposed rule change will align PI 24 with the statutory changes made as a result of 2011 Wisconsin Act 105, related to the Student Achievement Guarantee in Education program, and 2015 Wisconsin Act 53 with respect to the calculation and payment of state aid under the newly created Achievement Gap Reduction program. Any other changes to PI 24 that are needed to align these rules with current statutes will also be made.
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
(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 which will provide information on the deadline for the submission of comments.
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  SECTION 1. PI 24.015 (1) and (2) and (4) are amended to read:
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