STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING PERMANENT RULES
The scope statement for this rule, SS 073-15, was published in Register No. 716A2, on August 10, 2015, and approved by State Superintendent Tony Evers on August 24, 2015, and modifies SS 087-13, which was published in Register No. 691 on July 13, 2013, and approved by State Superintendent Tony Evers on August 13, 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, 2016 WI 38. The State Superintendent of Public Instruction hereby proposes to create PI 48, relating to the parental choice program for eligible school districts and other school districts.
ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Statute interpreted: s. 118.60, Stats. Explanation of agency authority:
Under s. 227.11 (2) (a), Stats., the DPI “may promulgate rules interpreting the provisions of any statute enforced or administered” by the DPI. The DPI is explicitly required by statute to create a rule to implement and administer s. 118.60, Stats. Specifically, s. 118.60 (11) (a), Stats., provides: 118.60 Parental choice program for eligible school districts and other school districts.
(11) The department shall do all of the following:
118.60(11)(a)(a) Promulgate rules to implement and administer this section. The department may not by rule establish standards under sub. (7) (am) that exceed the standards established by the American Institute of Certified Public Accountants. Plain language analysis:
The 2011-13 budget, 2011 Wisconsin Act 32, created the Parental Choice Programs for Eligible School Districts under s. 118.60, Stats. The 2013-15 budget, 2013 Wisconsin Act 20, significantly modified s. 118.60, Stats., including creating the Parental Choice Program for Eligible School Districts and Other School Districts. The 2015-17 budget, 2015 Wisconsin Act 55, further modified s. 118.60, Stats., and included a new funding mechanism for how choice pupils are counted and aided. The DPI is proposing to create a rule to govern the implementation and administration of both programs. 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:
The DPI is proposing to create a rule, ch. PI 48, to implement and administer the Parental Choice Program for Eligible School Districts and Other School Districts based on s. 118.60, Stats. Without a rule, the DPI will not be able to provide transparency in how it is implementing and administering these programs. 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), 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 by March 3, 2016, 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 that will provide information on the deadline for the submission of comments. SECTION 1. PI 48 is created to read:
RACINE AND WISCONSIN PARENTAL CHOICE PROGRAMS
PI 48.01 Purpose. Any qualified pupil in grades kindergarten to 12 who meets the requirements under s. 118.60 (2) (a), Stats., may attend any school participating in the Racine parental choice program or Wisconsin parental choice program under s. 118.60, Stats. This chapter establishes approval criteria and requirements for schools participating in the choice programs under s. 118.60, Stats., and requirements for receipt of state aid under s. 118.60 (4) and (4m), Stats. PI 48.02 Definitions. In this chapter:
(1) “4-year-old kindergarten outreach activities” means the direct services that a school provides to 4-year-old kindergarten parents and primary caregivers that have an educational component that fulfills the requirements of s. 121.004 (7) (cm), Stats. (2) “Average attendance rate” means the rate obtained by dividing the aggregate number of full-time equivalent days of a pupil’s actual attendance by the aggregate number of full-time equivalent days the pupil was enrolled.
(4) “Choice program” means a program established under s. 118.60, Stats. (5) “Classroom records” means teacher-originated test scores, report cards, progress reports, and attendance records. (6) “Count date” means the third Friday in September and the second Friday in January except as provided under s. 121.05 (3m), Stats. (7) “Credit” means the credit given to pupils in grades 9 to 12 for successful completion of a school term of study in one course that meets daily for a normal class period or the equivalent established by the governing body of a school. (8) “Department” means the Wisconsin department of public instruction.
(10) “Financial audit” means the audit of a school required under s. 118.60 (7) (am) 2m. a., Stats, including the audit opinion. (11) “Financially viable” or “financial viability” means the ability of the school to pay for goods and services, make debt service payments, and pay other obligations as they become due.
