STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
REVISING PERMANENT RULES
The scope statement for this rule, SS 126-15, was published in Register No. 719A2, on November 9, 2015, and approved by State Superintendent Tony Evers, on November 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, 368 Wis.2d 444. The State Superintendent of Public Instruction hereby proposes to create PI 33, relating to whole grade sharing.
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ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Statute interpreted: 118.50, Stats.
Statutory authority: 118.50 (8), Stats.
Explanation of agency authority:
Under s. 118.50 (8), Stats., the Department is allowed to promulgate rules to implement and administer s. 118.50, Stats., the statute related to whole grade sharing. Related statute or rule: N/A
Plain language analysis:
2015 Wisconsin Act 55 provided that the school boards of two or more school districts may enter into a whole grade sharing agreement that provides for all or a substantial portion of the pupils enrolled in one or more grades, including 4-year old and 5-year old kindergarten and prekindergarten classes, in any of the school districts to attend school in one or more of the other school districts for all or a substantial portion of a school day. This rule proposes to create a new rule chapter to implement and administer procedures for two or more school districts entering into a whole grade sharing agreement. The rule proposes to ensure consistency in the implementation of whole grade by establishing procedures on pupil record sharing, pupil assessments, the payment of state aid, habitual truancy and expulsion, and approvals to conduct feasibility studies. 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 is needed to implement whole grade sharing provided under s. 118.50, Stats., created as a result of the 2015-17 budget, 2015 Wisconsin Act 55. 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 by July 20th, 2017, to Carl Bryan at the Department of Public Instruction, 125 S. Webster Street, P.O. Box 7841, Madison, WI 53707-7841 or at adminrules@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 33 is created to read:
WHOLE GRADE SHARING
PI 33.01 Purpose. This chapter establishes procedures and requirements for 2 or more school districts to enter into a whole grade sharing agreement under s. 118.50, Stats. PI 33.02 Definitions. In this chapter:
(1) “Department” means the Wisconsin department of public instruction.
(2) “District of attendance” means a school district, other than a pupil’s district of residence, that the pupil is attending under a whole grade sharing agreement.
(3) “District of residence” means the school district in which a pupil resides.
(4) “Participating pupil” means a pupil attending a district of attendance under a whole grade sharing agreement.
(6) “School board” has the meaning given in s. 115.001 (7), Stats. (7) “School district” has the meaning given in s. 115.01 (3), Stats. (8) “School year” has the meaning given in s. 115.001 (13), Stats. (9) “Whole grade sharing agreement” means an agreement under s. 118.50, Stats., entered into between 2 or more school districts. PI 33.03 Whole grade sharing agreement. In order to meet the requirements under s. 118.50 (1) (intro.), Stats., a whole grade sharing agreement shall provide for at least 20 percent of the pupils enrolled in each affected grade of a resident school district to attend a school district of attendance for at least 20 percent of a school day. PI 33.04 Pupil records
(1) Record sharing. A whole grade sharing agreement shall specify the pupil records that will be shared between the district of attendance and district of residence. In the absence of parental consent, the district of residence may only share those pupil records to which the school district of attendance has a legitimate educational interest, including safety interests, in the pupil records.
(2) Termination. If a whole grade sharing agreement provides that the district of attendance maintains some or all pupil records for participating pupils, the district of attendance shall return a copy of the pupil records held by the district of attendance to the district of residence within 5 days of the occurrence of any of the following:
(a) The whole grade sharing agreement terminates.
