SECTION 14. PI 13.04 is amended to read:
PI 13.04 Applicability and purpose. This subchapter establishes identification, assessment, classification, and reporting requirements for all school districts whose pupil population includes one or more LEP pupils. This subchapter also establishes criteria and procedures to be used by a school district, and charter school, and private choice school in determining whether to administer a test under s. 118.30 or 121.02 (1) (r), Stats., to an LEP pupil. SECTION 15. PI 13.09 (1) (intro.), (2) (title), (a) and (b) are amended to read:
PI 13.09 (1) Policies. Each school board policy under s. PI 13.05 shall include procedures regarding the testing of LEP pupils. A charter school and a private choice school whose population includes one or more LEP pupils shall adopt a policy regarding the testing of LEP pupils. The policy under this subsection shall include all of the following assurances: (2) Test or alternate assessment administration.
(a) A school board and charter school shall make case-by-case determinations as to whether an LEP pupil shall take a test or alternate assessment. A school board, and charter school, and private choice school may not exempt LEP pupils from academic assessmentstests based solely on their LEP status.
(b) A school board, and charter school, and private choice school shall administer a test to an LEP pupil unless a determination has been made that the results of the test, with allowable accommodations made for the pupil as needed, or as otherwise provided in statute, will not be a valid and reliable indicator of the pupil's academic knowledge and skills.
SECTION 16. PI 13.09 (2) (c), (d) and (e) are repealed.
SECTION 17. PI 13.09 (3) (intro.) and (a) and (4) (intro.), (a) and (b) are amended to read:
PI 13.09 (3) Test accommodations. A school board, and charter school, and private choice school that includes an LEP pupil in a test shall provide testing accommodations, if the pupil needs such accommodations. Any accommodations made shall maintain the validity of the test as determined by the department and may include, but are not limited to, one or more of the following:
(a) ProvideFor tests that do not assess English language competency, provide translations in a student’s native language or the assistance of a qualified translator to translate instructions or read items from tests that do not assess English language competencytest items.
(4) Test results. A school, and charter school, and private choice school that administers a test, an alternate assessment or both to an LEP pupil shall use or report the results as follows:
(a) The results of both the test and alternate assessment shall be used consistent with the board's policies developed under s. 118.33 (1) (f) and (6), Stats., in making instructional, promotion, and graduation decisions. (b) The results of the test, not the alternate assessment if both are given, shall be reported to the department.
SECTION 18. PI 13.09 (4) (c) is repealed.
SECTION 19. PI 19.03 (3) and (Note) are repealed.
SECTION 20. PI 19.05 (intro.) is amended to read:
PI 19.05 Reimbursement. Contingent upon receipt of the written report and statement of receipts and disbursements under s. 115.92 (2), Stats., the state superintendent shall authorize reimbursement to the board, CESA, or fiscal agent for an agreement under s. 66.0301, Stats., for the following approved costs for school age parent programs which have been approved under s. PI 19.03 (3): SECTION 21. PI 27.03 (2) (c) is amended to read:
PI 27.03 (2) (c) Offering specialized programming for pupils before September 1. Specialized programming allows pupils to engage in specific activities such as gifted and talented classes, remedial education, migrant programs, or the youth optionearly college credit program. In addition, new learning strategies to address a school in need of improvement under s. 115.38 (4), Stats., may be considered specialized programming. While this provision allows certain activities for targeted groups of pupils to begin before September 1, it does not allow the school board to officially begin its school term before September 1. SECTION 22. PI 37.03 (1) (a) (intro.) is amended to read:
PI 37.03 (1) (a) Annually by June 30, a person meeting all of the following requirements may apply to the state superintendent for a grant in the amount equal to the costs of obtaining or renewing a national board certification or Wisconsin master educator license that are borne by the person, not to exceed $2,000:
SECTION 23. PI 37.04 is repealed.
SECTION 24. PI 43.01 (1) is repealed.
SECTION 25. PI 43.01 (2) is renumbered PI 43.01 and amended to read:
PI 43.01 Applicability and purposePurpose. Pursuant to s. 118.42, Stats., Thisthis chapter establishes criteria and procedures for determining whether a school or school district is in need of improvement and whether a school is among the lowest performing 5 percent of public schools in the state. SECTION 26. EFFECTIVE DATE:
The proposed rules contained in this order shall take effect on the first day of the month commencing after the date of publication in the Wisconsin Administrative Register, as provided in s. 227.22 (2) (intro.), Stats. Dated this _____ day of ____________, 2019
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Carolyn Stanford Taylor
State Superintendent
