SECTION 3. PI 9.04 (1) is amended to read:
PI 9.04 (1) Designate an employee of the school district to receive complaints regarding discrimination under s. 118.13, Stats., and this chapter. The designated employee shall be responsible for providing the complainant a copy of the school district’s discrimination policy and procedure and shall assist the complainant in filing a written complaint which meets the procedural requirements specified in this section. SECTION 4. PI 9.04 (2) is renumbered PI 9.04 (2) (intro.) and amended to read:
PI 9.04 (2) Establish a procedure for receiving and resolving written complaints from residents of the school district or aggrieved persons under s. 118.13, Stats., and this chapter, including a provision for written acknowledgement within 45 days of receipt of a written complaint and a determination of the complaint within 90 days of receipt of the written complaint unless the parties agree to an extension of time, except that appeals under 20 USC 1415 and ch. 115, Stats., relating to the identification, evaluation, educational placement, or the provision of a free appropriate public education of a child with an exceptional educational need shall be resolved through the procedures authorized by ch. 115, subch. V, Stats. The procedure shall: SECTION 5. PI 9.04 (2) (a) to (e) are created to read:
PI 9.04 (2) (a) Specify that complaints of discrimination shall be in writing and received within one year of the date of the alleged discrimination.
(b) Require a written acknowledgment of the complaint be provided to the complainant within 10 days of receipt of the complaint.
(c) Require a final written determination of the complaint be provided to the complainant within 60 days of receipt of the complaint, unless the parties agree in writing to an extension of time. The final determination shall state the relevant facts and policy provisions considered so that the complainant is reasonably informed of the basis for the determination. If the school district determines that discrimination has occurred, the final determination shall also state the steps the school district will take to end the discrimination and remedy its effects.
(d) Provide written notice to the complainant of the right to appeal the school district’s final determination to the state superintendent and the procedures for making the appeal.
(e) Require a copy of the school district’s final determination of the complaint be filed with the board.
SECTION 6. PI 9.04 (3) is repealed.
SECTION 7. PI 9.05 (1) is amended to read:
PI 9.05 (1) AnnuallyContinually provide public notice of board policies on pupil nondiscrimination including the name and address of the designated employee under s. PI 9.04 (1) and the complaint procedure under s. PI 9.04 (2). The notice shall be a class 1 legal notice under ch. 985, Stats. The notice shall be posted in a prominent location on the school district’s website. SECTION 8. PI 9.06 (1) (intro.), (a), (c), (d), and (e) are amended to read:
PI 9.06 (1) In order to provide the information necessary for the state superintendent to report on the compliance with s. 118.13, Stats., as required under s. 118.13 (3) (a) 3., Stats., eachEach board shall evaluate annually the status of nondiscrimination and equality of educational opportunity in the school district at least once every 5 years on a schedule established by the state superintendent. The evaluation shall include the following:
(a) School board policies and administrative procedures required under this chapter.
(c) Methods, practices, curriculum and materials used in instruction, counseling, and pupil assessment and testingevaluated for potential bias or stereotyping.
SECTION 9. PI 9.06 (1) (cg) and (cr) are created to read:
PI 9.06 (1) (cg) Methods, practices, curriculum and materials used in counseling, evaluated for potential bias or stereotyping.
(cr) Methods, practices, and materials used in pupil assessment and testing, evaluated for potential bias or stereotyping.
SECTION 10. PI 9.06 (1) (d) and (e) are amended to read:
PI 9.06 (1) (d) Trends and patterns of disciplinary actions, including suspensions, and expulsions, and handling of pupil harassmentdisaggregated by pupil protected class status.
(e) Participation trends and patterns and school district support of athletic, extracurricular and recreational activities, disaggregated by pupil protected class status.
SECTION 11. PI 9.06 (1) (h) is repealed.
SECTION 12. PI 9.06 (1) (i) is created to read:
PI 9.06 (1) (i) The report submitted to the department under s. PI 9.07 (2) of this chapter. SECTION 13. PI 9.06 (3) is amended to read:
PI 9.06 (3) The board shall prepare a written report of the evaluation which shall be available for examinationposted in a prominent location on the school district’s website and the board shall consider public comment on the evaluation by residents of the school district.
SECTION 14. PI 9.07 (2) is amended to read:
PI 9.07 (2) An annual compliance report, including the name of the designated employee under s. PI 9.04 (1); and the number of written complaints received during the year, a description of each complaint and its status, on a form provided by the department.
SECTION 15. PI 9.07 (3) is repealed.
SECTION 16. PI 9.07 (3) (Note) is amended to read:
(3) Note: Form PI 1197, Compliance Report — Pupil Nondiscrimination, Copies of the form for the annual compliance report required under s. PI 9.07 (2) may be obtained from Department of Public Instruction, Division for Handicapped Children and Pupil Services, P.O. Box 7841, Madison, WI 53707at no charge from the Wisconsin department of public instruction’s webpage at https://dpi.wi.gov/sped/pupil-nondiscrimination/pi9-07. SECTION 17. PI 9.08 (1) (a) (intro.), 1., 2., 4. and 5., and (2) (c) are amended to read:
PI 9.08 (1) (a) Decide appeals of boardschool district decisions made under s. 118.13 (2) (a), Stats., and this chapter as follows: 1. The complainant may appeal a negative determination of the boardschool district to the state superintendent within 30 days of the board'sschool district’s decision.
2. The complainant may appeal directly to the state superintendent if the boardschool district has not complied with the provisions of s. PI 9.04 (2). 4. If the state superintendent finds that the boardschool district violated s. 118.13, Stats., or this chapter, the state superintendent shall issue an order to comply which includes a requirement that the boardschool district submit a corrective action plan, including a schedule, within 30 days of the board'sschool district’s receipt of the order. 5. The state superintendent shall refer a complaint to the boardschool district for resolution if it has not been filed with the boardschool district or if the complaint is currently under consideration by the boardschool district under the complaint procedure required by s. PI 9.04. (2) (c) Review school district programs, activities and services to determine whether boardsschool districts are complying with this chapter and with s. 118.13, Stats. The department may review school districts on a schedule which corresponds with the audit of compliance with school district standards under s. 121.02 (2), Stats. The scheduling of reviews does not prohibit the state superintendent from conducting an inquiry into compliance with this chapter upon receipt of a complaint.
SECTION 18. PI 9.08 (2) (d) is created to read:
PI 9.08 (2) (d) Make available the results of the annual compliance report required under s. PI 9.07 (2) upon request. SECTION 19. 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 ____________, 2021
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Carolyn Stanford Taylor
State Superintendent
