CR 21-007 Rule Text

Complaints of discrimination must be received within 180 days. Complainants may use the school district’s internal grievance process. If a complainant elects to use the internal grievance process, the complainant must file with OCR within 60 days of the close of the internal grievance. Further, each school district is required to provide public notice of its nondiscrimination policy, and each school district is required to designate an employee to receive complaints.

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:

The Department held a preliminary public hearing and comment period on October 30th, 2020, and did not receive any comments on the statement of scope for the proposed rule.

Comparison with rules in adjacent states:



Illinois: Under Illinois Compiled Statutes section 775 ILCS 5, K-12 public schools are prohibited from discriminating on the basis of race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service. Complaints and appeals may be resolved by the Illinois Department of Human Rights. Complaints must be filed within 300 days.



Iowa: Under Iowa Code section 216.9, K-12 public schools are prohibited from discriminating on the basis of race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability in any academic, extracurricular, research, occupational training, or other program or activity (except athletic programs). Complaints and appeals are resolved by the Iowa Civil Rights Commission. Complaints must be filed within 300 days.



Michigan: Michigan Compiled Laws section 37.2402 prohibits discrimination in K-12 public schools on the basis of religion, race, color, national origin, or sex. Complaints and appeals are resolved by the Michigan Department of Civil Rights. Complaints must be filed within 180 days.



Minnesota: Under Minnesota Statutes section 121A.03, school boards are required to adopt a written sexual, religious, and racial harassment policy and a written sexual, religious, and racial violence policy conforming to the Minnesota Human Rights Act. The Commissioner of the Minnesota Department of Education is required to develop a model policy that school boards may adopt. School boards are further required to develop a process for discussing the policy with students and employees and submit the policy to the Commissioner. The Minnesota Human Rights Act prohibits discrimination on the basis of race, color, creed, religion, national origin, sex, age, marital status, status with regard to public assistance, sexual orientation, or disability. The Minnesota Human Rights Department is responsible for resolving complaints of discrimination arising in the public schools. Complaints must be filed within one year.

Summary of factual data and analytical methodologies:

Chapter PI 9 of the Wisconsin Administrative Code governs the procedures for pupil nondiscrimination under s. 118.13, Stats., and specifies the areas in which the school board must have policies to address discrimination complaints. Section 118.13 (3), Stats., requires the state superintendent to decide appeals of local school board decisions, requires the state superintendent to promulgate rules, and authorizes the state superintendent to review school district compliance and to provide technical assistance to school districts. Since the rule was promulgated, the Department has identified areas that would improve the rule’s implementation of the authorizing statute. The areas addressed by the proposed rule under this statement of scope are as follows:

1.

The current rule’s notice provisions provide for a class 1 legal notice annually and does not specifically provide for notice of policies and procedures to individual complainants. The proposed rule will provide school districts the option of providing notice via district website and require school districts to provide policies and procedures to individual complainants upon initiation of a compliant.

2.

The current rule contains a timeline of 90 days for full resolution of complaints and no timeline for resolution of appeals by the department. The proposed rule will establish timelines for both processes that insure prompt resolution of complaints.

3.

The current rule provides no criteria to school districts as to the sufficiency of a response to substantiated discrimination. The proposed rule will establish criteria for corrective action plans prompted by substantiated complaints of discrimination.

4.

The current rule’s reporting requirements are designed to allow the department to meet its requirement under s. 118.13, Stats., to report on the status of pupil nondiscrimination to the Legislature. The proposed rule will ensure school districts are engaging in meaningful assessments and that the data reported is useful to both the department and the Legislature.

The effect of the proposed rule will be to ensure accessibility of school district pupil nondiscrimination policies and procedures for parents and pupils; prompt resolution of discrimination complaints and appeals; clarification around school district responsibilities to address pupil discrimination substantiated through the complaint process; and clarification around school district self-evaluation and data reporting requirements.

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

Administrative Rules Coordinator

Wisconsin Department of Public Instruction

[e-mail]

[phone]

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 [e-mail]. The Department will publish a hearing notice in the Administrative Register which will provide information on the deadline for the submission of comments.

RULE TEXT

  SECTION 1. PI 9.02 (2) is amended to read:

PI 9.02 (2) “Board" means the school board in charge of the public schools of a school district.

SECTION 2. PI 9.03 (1) (j) is created to read:

PI 9.03 (1) (j) Requirement that all school district employees refer any verbal or written complaints of pupil discrimination to the school district employee designated under s. PI 9.04 (1) of this chapter.

  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: