N/A
Summary of any public comments and feedback on the statement of scope for the proposed rule that the agency received at a preliminary public hearing and comment period held and a description of how and to what extent the agency took those comments into account and drafting the proposed rule:
A notice for a preliminary hearing on the scope statement for this proposed rule was submitted for publication in the March 25th, 2019 edition of the Administrative Register. The preliminary hearing was held on April 1st, 2019. No persons submitted testimony at the March 25th preliminary hearing and no persons submitted written testimony regarding the scope statement under consideration. Therefore, no changes were made to the proposed rule as a result of public comment.
Comparison with rules in adjacent states:
- Iowa: Iowa Code §17A.7(2), relating to petition for adoption, amendment, or repeal of rules — periodic comprehensive reviews, requires that beginning July 1, 2012, over each five-year period of time, an agency shall conduct an ongoing and comprehensive review of all of the agency’s rules with the goal of identifying and eliminating all rules of the agency that are outdated, redundant, inconsistent, or incompatible with statute or its own rules or those other agencies. An agency shall commence its review by developing a plan of review in consultation with major stakeholders and constituent groups. When the agency completes the five-year review of the agency’s own rules, the agency shall provide a summary of the results to the Administrative Rules Coordinator and the Administrative Rules Review Committee. - Illinois: 5 ILCS 100/5-130, relating to the periodic review of existing rules, requires the Joint Committee of Administrative Rules to evaluate the rules of each agency every five years and shall develop a schedule for this periodic evaluation. When evaluating the rules of each agency, the Joint Committee’s review shall include an examination of the following: 1) organizational, structural, and procedural reforms that affect rules or rulemaking; 2) merger, modification, establishment, or abolition of regulations; 3) eliminating or phasing out outdated, overlapping, or conflicting regulatory jurisdictions or requirements of general applicability; and 4) economic and budgetary effects. The Joint Committee shall report its findings, conclusions, and recommendations, including suggested legislation, to the General Assembly by February 1 of each year. - Michigan: MCL 24.253 Sec. 53, relating to annual regulatory plan; link to website of office of regulatory reinvention, requires that each agency shall prepare an annual regulatory plan that reviews the agency’s rules. In completing a review of rules pursuant to the annual regulatory plan, first priority shall be given to those rules that directly affect the greatest number of businesses, groups, individuals, and those rules that have the greatest actual statewide compliance costs for businesses, groups, and individuals. The review of rules shall state the following: 1) whether there is a continued need for the rules; 2) a summary of any complaints or comments received from the public concerning the rules; 3) the complexity of complying with the rules; 4) whether the rules conflict with or duplicate similar rules or regulations adopted by the federal government or local units of government; and 5) the date of the last evaluation of the rules and the degree to which technology, economic conditions, or other factors have changed regulatory activity covered by the rules. In completing the annual regulatory plan, the agency shall include these rules as well as the rules it expects to process in the next year, the mandatory statutory authority it has not exercised, and the rules it expects to rescind in the next year. Annual regulatory plans shall be completed and filed with the Office of Regulatory Reinvention by July 1 of each year. - Minnesota: Minn. Statutes 2018 14.05 Subd. 5, relating to the review and repeal of rules, requires that by December 1 of each year, an agency must submit to the governor, the Legislative Coordinating Commission, the policy and funding committees and divisions with jurisdiction over the agency, and the revisor of statutes, a list of any rules or portions of rules that are obsolete, unnecessary, or duplicative of other state or federal statutes or rules. The list must also include an explanation of why the rule or portion of the rule is obsolete, unnecessary, or duplicative of other state or federal statutes or rules. By December 1, the agency must either report a timetable for repeal of the rule or portion of the rule, or must develop a bill for submission to the appropriate policy committee to repeal the obsolete, unnecessary, or duplicative rule. The report also must identify the status of any rules identified in the prior year's report as obsolete, unnecessary, or duplicative. Summary of factual data and analytical methodologies:
Under 2017 Wisconsin Act 108, each state agency that has promulgated rules in the Wisconsin Administrative Code is required to submit a biennial report to the Joint Committee for Review of Administrative Rules. The report must list the rules for which the following circumstances apply: 1) the rule is deemed unauthorized; 2) the authority to promulgate has been restricted; 3) the rule is deemed obsolete or has been rendered unnecessary; 4) the rule is duplicative of, superseded by, or in conflict with another rule, a state statute, a federal statute or regulation, or a court ruling; and 5) the rule is deemed to be economically burdensome. Per 2017 Act 108, the report must also describe the agency’s actions, if any, to address each of the rules listed and must include an explanation for any listed rule for which the agency has not taken any action. The proposed rules listed in this proposed rule are technical changes to rules with provisions that meet the criteria listed in the report (note: there were no rules that were deemed unauthorized, economically burdensome, or rules whose authority to promulgate had been restricted). The proposed rule changes are technical in nature and do not contain any substantive changes in policy. The rule changes contained in this rule order are designed to update Department rules by deleting obsolete rule provisions, duplicative language and conforming Department code with recent statutory changes. Without these rule changes, the Department will have rules that are not fully aligned with statutes. This may create confusion for persons impacted by each rule.
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:
None.
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
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:
