PROPOSED ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING PERMANENT RULES
The scope statement for this rule, SS 074-15, was published in Register No. 716A3 on August 17, 2015, and approved by State Superintendent Tony Evers on September 8, 2015. Pursuant to Coyne v. Walker, the Department of Public Instruction is not required to obtain the Governor’s approval for this rule. Coyne v. Walker, 2016 WI 38. The State Superintendent of Public Instruction hereby proposes to repeal s. PI 36.02 (5) and (6), PI 36.02 (33) and (37), PI 36.06 (4) (b) 3. and 4., PI 36.06 (4) (c) 4. and PI 36.06 (4) (c) 4. (Note), PI 36.07 (2) (d), PI 36.08 (2) (d), PI 36.08 (3) (a) 2., PI 36.10 (1) and (4), and PI 36.12 (1) (b) and (2) (a); to renumber and amend s. PI 36.08 (3) (a) 1.; to amend s. PI 36.02 (14), PI 36.06 (4) (b) 2. and (c), PI 36.07 (2) (c) and (3) (b), PI 36.08 (2) (c) 1. and 2. and (3) (b), PI 36.10 (2) (a) 1. and 2., and PI 36.12 (2) (b); and to create s. PI 36.02 (20m) and PI 36.08 (3) (c); relating to changes to Open Enrollment. 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
Statute interpreted: 118.51, Stats.
Statutory authority: 118.51 and 227.11 (2) (a) (intro.), 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 s. 118.51, stats.
Related statute or rule: None.
Plain language analysis:
This proposed rule will align PI 36 with current statute, which was modified by 2015 Wisconsin Act 55. 2015 Wisconsin Act 55 modified the public school open enrollment program as it relates to pupils with disabilities beginning in the 2016-17 school year. Specifically, Act 55 made the following changes:
• Deleted the authority of a resident school district to deny an open enrollment application on the basis of undue financial burden.
• Established a new per pupil aid transfer amount for pupils with disabilities of $12,000. Similar to the current open enrollment transfer amount for regular education pupils, the $12,000 is to be transferred from the resident district to the nonresident district for each open-enrolled special education pupil.
• Indexed the new $12,000 transfer amount annually similar to the transfer amount for regular education pupils. The indexing amount is based on the revenue limit per pupil adjustment and the change in categorical aid funding per pupil in a given year.
• Deleted the requirement that the resident district pay tuition to the nonresident district for a special education pupil attending under open enrollment.
• Deleted the requirement that a nonresident district provide an estimate to the resident district of the costs to provide the special education services required in the individualized education program (IEP) for a pupil with disabilities who applies for open enrollment.
The proposed rule will align DPI Administrative Code and practice with these provisions contained in Act 55.
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:
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)