- Iowa: Upon the Department’s review, there does not appear to be comparable rules governing aid for the purpose of reimbursing school districts for expenditures on social worker services, as provided under Wisconsin’ aid for school mental health programs, in the Iowa administrative code. However, Iowa Administrative Code Chapter 281-66 governs school-based youth services programs, which includes mental health counseling services in the context of the educational needs of students and are made available at the elementary, middle and high school level. - Michigan: Upon the Department’s review, there does not appear to be comparable rules governing aid for the purpose of reimbursing school districts for expenditures on social worker services, as provided under Wisconsin’s aid for school mental health programs, in the Michigan administrative code. However, Michigan Administrative Code section R 340.1001-340.1018 governs the practice of social workers to provide mental health services to students and to support school climates conducive to learning.
- Minnesota: Upon the Department’s review, there does not appear to be comparable rules governing aid for the purpose of reimbursing school districts for expenditures on social worker services, as provided under Wisconsin’s aid for school mental health programs, in the Minnesota administrative code. However, Minnesota Administrative Rules section 8710.6300 governs the practice of social workers to administer mental health services in a school setting.
Summary of factual data and analytical methodologies:
2017 Wisconsin Act 59 created s. 115.364, Stats., which creates a new categorical aid program beginning in the 2018-19 school year to support school districts, independent charter schools, and private schools participating in a parental choice program in the provision and expansion of mental health services by reimbursing eligible schools for expenditures on social worker services. The Act also created s. 115.364 (3), Stats., which provides that the Department shall promulgate rules to implement this program. This proposed rule change is needed to implement aid for school mental health programs provided under s. 115.364, Stats., created as a result of the 2017-19 budget, 2017 Wisconsin Act 59. Unless a rule is in place, the Department may be prevented from efficiently implementing and administering this program. 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 adminrules@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. SECTION 1. Chapter PI 31 is created to read: AID FOR SCHOOL MENTAL HEALTH PROGRAMS
PI 31.01 Purpose. This chapter sets forth procedures for the payment of aid for school mental health programs as allowed in s. 115.364, Stats. PI 31.02 Definitions. In this chapter:
(1) “Department" means the Wisconsin department of public instruction.
(2) “Eligible independent charter school” has the meaning given under s. 115.364 (1) (a), Stats. (3) “Eligible private school” has the meaning given under s. 115.364 (1) (am), Stats. (4) “Eligible school district” has the meaning given under s. 115.364 (1) (b), Stats. (5) “Entity” means an eligible independent charter school, eligible private school, or eligible school district.
(6) “Expenditures” means the salary and fringe benefits an entity pays to employ, hire, or retain a social worker or the costs to contract for the services of a social worker.
(7) “Social worker” means an individual licensed as a school social worker by the department of public instruction under s. PI 34.062 or an individual licensed as a social worker by the marriage and family therapy, professional counseling, and social work examining board under s. 457.08, Stats. (8) “School year” has the meaning given under s. 115.001 (13), Stats. PI 31.03 Eligible expenditures. The state superintendent shall do all of the following when determining an entity’s expenditures under s. 115.364 (2), Stats.: (1) Only reimburse an entity for an increase in its expenditures in the prior school year compared to the immediately preceding school year.
(2) When determining an eligible school district’s expenditures, only reimburse for increased expenditures recorded.
PI 31.04 Reporting. An entity shall submit a request for reimbursement by submitting a form provided by the department.
SECTION 2. STATEMENT OF EMERGENCY
The Department of Public Instruction finds an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:
2017 Wisconsin Act 59 created s. 115.364, Stats., to provide aid for school mental health programs beginning in the 2018-19 school year. An emergency rule is necessary in order for the Department to administer the program in the 2018-19 school year while the permanent rule completes the promulgation process. SECTION 3. EFFECTIVE DATE:
The rules contained in this order shall take effect upon publication as emergency rules pursuant to the authority granted by s. 227.24, Stats. Dated this _____ day of ____________, 2019
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Carolyn Stanford Taylor
State Superintendent
