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
Administrative Rules Coordinator
Wisconsin Department of Public Instruction
(608) 266-3275
Place where comments are to be submitted and deadline for submission:
As provided in s. 227.16 (2) (b), Stats., there is no requirement that a public hearing be held for this rule because the proposed rule brings an existing rule into conformity with a statute that has been changed. SECTION 1. PI 1.01 (2) (d) is amended to read:
PI 1.01 (2) (d) Complaints, hearings, and appeals related to license revocation and reinstatement under s. 118.19 (5), Stats., and s. PI 34.35, which shall be resolved through the procedures specified under subch. XI of ch. PI 34. SECTION 2. PI 6.06 (4) (d) 3. is repealed.
SECTION 3. PI 6.06 (4) (d) 4. is created to read:
PI 6.06 (4) (d) 4. The provisions of the United States office of management and budget, uniform administrative requirements, cost principles, and audit requirements for federal awards under 2 CFR, part 200. SECTION 3. PI 8.01 (2) (u) is created to read:
PI 8.01 (2) (u) Financial literacy. Each school district board shall comply with s. 121.02 (1) (L) 7., Stats., by adopting academic standards for financial literacy and incorporating instruction in financial literacy into the curriculum in grades kindergarten to 12. SECTION 4. PI 11.02 (4) is amended to read:
PI 11.02 (4) “Division" means the division for learning support: equity and advocacy, which is established under s. 15.373 (1), Stats., and which has the authority granted under s. 115.77, Stats. SECTION 5. PI 11.07 (2) (b) is repealed.
SECTION 6. PI 11.07 (2) (c) and (d) are amended to read:
11.07 (2) (c) The receiving LEA shall adopt the evaluation and the eligibility determination of the sending LEA or conduct an evaluation and eligibility determination of the transfer pupil. The receiving LEA shall adopt the IEP of the sending LEA or develop a new IEP. The receiving LEA may not adopt the evaluation and eligibility determination or the IEP of the sending LEA if the evaluation and eligibility determination or the IEP do not meet state and federal requirements.
(d) When an LEA receives a transfer pupil with a disability and the LEA does not receive the pupil's records from the sending LEA, the LEA shall request in writing the pupil's records from the sending LEA. The sending LEA shall transfer the pupil's records to the receiving LEA within 5the next working daysday of receipt of the written notice as required under s. 118.125 (4), Stats. SECTION 7. PI 11.07 (3) (b) is repealed.
SECTION 8. PI 11.07 (3) (c) is amended to read:
PI 11.07 (3) (c) The LEA shall adopt the evaluation and the eligibility determination of the sending public agency or conduct a new evaluation and eligibility determination of the transfer pupil. If the LEA decides not to adopt the evaluation and eligibility determination of the sending public agency, the LEA shall initiate a special education referral of the child. The LEA shall complete the evaluation and develop an IEP and the placement in accordance with the requirements of subch. V of ch. 115, Stats., within 9060 days of the date the child enrolls in the LEA. The LEA shall adopt the IEP of the sending public agency or develop a new IEP. SECTION 9. PI 11.35 is repealed and recreated to read:
PI 11.35 Determination of eligibility. As part of an evaluation or reevaluation under s. 115.782, Stats., conducted by the IEP team in determining whether a child is or continues to be a child with a disability, the IEP team shall identify modifications, if any, that can be made in the regular education program, such as adaptation of content, methodology or delivery of instruction to meet the child's needs identified under s. 115.782 (2) (b) 2., Stats., that will allow the child to access the general education curriculum and meet the educational standards that apply to all children. SECTION 10. PI 11.37 is repealed.
SECTION 11. PI 13.03 (1), (3), and (4) are repealed.
SECTION 12. PI 13.03 (9m) is created to read:
PI 13.03 (9m) “Private choice school” means a private school participating in the parental choice program for eligible school districts and other school districts under s. 118.60, Stats., or a private school participating in the Milwaukee parental choice program under s. 119.23, Stats. SECTION 13. PI 13.03 (10) is amended to read:
PI 13.03 (10) "Test" means the examination administered to pupils enrolled in the 3rd, 4th, 8 th and, 9th, 10th and 11th grades under ss. 118.30 and 121.02 (1) (r), Stats. 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 developedadopted by school boards, operators of charter schools, and governing bodies of private choice schools 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.
