Chapter PI 27 of the Wisconsin Administrative Code was promulgated to establish procedures for school boards to use in requesting that a school term commence prior to September 1. Section PI 27.03 (5) provides that the department may grant a request to commence a school term prior to September 1 only if it determines that there are extraordinary reasons for granting the request. Extraordinary reasons include any of the following: 1) major construction projects that cause the school term to be altered and necessitate an earlier commencement date for the entire district; 2) closure of school due to forces of nature, code violations, or environmental orders; 3) excessive costs associated with the transportation of pupils who attend private schools that commence school prior to September 1, provided that the requesting school board provides sufficient documentation to establish that it has made a good faith effort to work with the private school to coordinate a school commencement date on or after September 1; and 4) participation by a high school in the international baccalaureate program with more than 75% of the 11th and 12th grade pupils enrolled in the high school also being enrolled in one or more of the courses that are offered under the international baccalaureate program, provided the pupils in the school district are given the option of enrolling in another high school in the school district that is not subject to a request for an early commencement date, and that the request applies only to the high school that is participating in the international baccalaureate program and not to any other elementary, middle, junior high, or high schools operated by the school district. Because the rules were originally promulgated in May 2002, the department’s experience with the current criteria for granting exemptions to the September 1 school commencement date are both inflexible and outdated from the perspective of the school district. Further, the increase in the number of school districts that have applied for an exemption to the September 1 school commencement date is evidence that greater autonomy is needed for school boards to meet the unique needs of their district and will address student achievement and other academic needs. As a result, the department proposes to amend the rules by which the department may grant exemptions to the September 1 school commencement date and provide greater autonomy for school boards to address local needs. For example, the proposed rule aims expand the types of extraordinary reasons for granting exemptions to the September 1 school commencement date by including factors identified by the school board that address student achievement and other academic considerations. These factors include student graduation rates, reading and mathematics proficiency, student attendance, coordination with postsecondary institutions for dual or concurrent enrollment, mental health of students and staff, recruitment and retention strategies for educators, and coordination efforts among school districts for educational programs. To effectuate these changes, the proposed rule seeks to enhance flexibility in the process for school boards to request a school term to commence before September 1 by allowing written requests to be submitted to the department by March 1 and outlining procedures for unforeseen circumstances.
The effect of the proposed rule is a more flexible process for school boards to follow when seeking to adjust their school calendars to better meet the academic and local needs of their respective districts. Without a rule change, the department would be required to implement ch. PI 27 as the rule currently exists, thus limiting the criteria by which school boards may request an exemption to the September 1 school commencement date to the criteria in current rule. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
The department held a preliminary public hearing and comment period on the scope statement for the proposed rule. As provided in the hearing notice, any comment received during the preliminary public hearing and comment period would be considered in determining the rule’s effect on small businesses and in preparation of the economic impact analysis. The preliminary comment received, and the subsequent analysis conducted by the department, suggests that there may be an impact on small businesses and the state’s economy due to the proposed rule. The information received from these sources informed decision-making during rule development and to prepare the proposed rule’s initial regulatory flexibility analysis and economic impact analysis. More specific information on the impact of the proposed rule on small businesses and the state’s economy are provided below and in the attached economic impact analysis.
Effect on small business (initial regulatory flexibility analysis):
An analysis conducted by the department indicates that the proposed rule may impact small businesses in the state. Pursuant to s. 227.114, Stats., a small business means a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employs 25 or fewer full-time employees or which has gross annual sales of less than $5,000,000. Because the rule does not seek to regulate or impose compliance costs on those entities, the department does not estimate any compliance costs will be incurred by the proposed rule. Further, the department is unable to speculate on the net positive or negative impacts on small businesses as a result of the rule, because the actual impact on small businesses largely depends on local and individual behavior. Local economic considerations remain an important factor that should be considered by school boards when shaping school calendar decisions, as these may impact small businesses. While the proposed rule does not specifically target or regulate small businesses, the extent of this impact is difficult to estimate and may vary depending on factors such as local tourism patterns and individual spending behaviors. Therefore, while the department acknowledges the potential implications for small businesses, the overall effect remains indeterminate due to the complex interplay of various economic factors and individual choices.
Agency contact person:
Carl Bryan
Legislative Policy Coordinator
Wisconsin Department of Public Instruction
(608) 266-3275
Place where comments are to be submitted and deadline for submission:
Comments should be submitted to Carl Bryan, Department of Public Instruction, at adminrules@dpi.wi.gov. 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 27.02 (2) is amended to read:
PI 27.02 (2) “Forces of nature" means an event that is outside the control of the school board and could not be avoided bywith the exercise of due care.
SECTION 2. PI 27.02 (5) is created to read:
PI 27.02 (5) “Year-round school” means a school term with an academic program calendar that does not have more than 45 calendar days between consecutive sessions during which hours of direct pupil instruction are counted to meet the requirement in s. 121.02 (1) (f), Stats. SECTION 3. PI 27.03 (2) (d), (3) (a), (b), (4) (a), (b), (5) (intro.), (b), (c), (d), and (e) 1. are amended to read:
PI 27.03 (2) (d) Holding school year-roundyear-round school.
(3) (a) A school board may commence a school term prior to September 1, if it submits a written request to the department under sub. (4) asking for an earlier school startcommencement date, and such request is granted by the department. The request shall be submitted annually by JanuaryMarch 1 prior to the beginning of the school term.
(b) If an extraordinaryunforeseen event occurs after the JanuaryMarch 1 deadline that causes a school board to submit a written request for an earlier school commencement date, the school board shall submit the written request under par. (a) at the earliest possible time following the unforeseen event and prior to the beginning of the school term.
(4) (a) The reasons for, and any other relevant facts relating to, the request for an earlier school startcommencement date.
(b) When an extraordinaryIf a written request is made after the March 1 deadline under sub. (3) (b), when the unforeseen event which led to the written request took place or a chronology of events leading, and any additional relevant facts regarding the unforeseen event which led to the request.
(5) The department may grant a request only if it determines that there are extraordinary reasons for granting the request, and, in the case of written requests made after the March 1 deadline under sub. (3) (b), that the request was untimely due to an unforeseen event. Extraordinary reasons include any of the following:
(b) Major construction projects that cause the school term to be altered and necessitate an earlier startcommencement date for the entire district.
(c) Closure of a school due to forces of nature, code violations, or environmental orders.
(d) Excessive costs associated with the transportation of pupils who attend private schools that starthave a school commencement date prior to September 1. If an earlier startcommencement date is requested under this paragraph, the school board shall provide sufficient documentation to establish that it has made a good faith effort to work with the private schoolschools to coordinate a school startcommencement date on or after September 1.
(e) 1. The pupils in the school district are given the option of enrolling in another high school in the school district that is not subject to a request for an early startcommencement date.
SECTION 4. PI 27.03 (5) (f) and (6) (am) are created to read:
PI 27.03 (5) (f) A determination by the school board that an earlier commencement date will improve student achievement across content areas or address academic needs, which includes any of the following:
1. Student graduation rates.
2. Reading proficiency, as measured by reading readiness scores, and mathematics proficiency.
3. Student attendance or absenteeism.
4. Coordination between universities, technical colleges, and school districts related to dual or concurrent enrollment.
5. Mental health of student and staff.
6. Recruitment and retention of the educator workforce.
7. Coordination between one or more school districts related to educational programming.
(6) (am) If a request is made after the March 1 deadline under sub. (3) (b), and the department determines the request was not made as a direct result of the unforeseen event cited in the request, the department shall determine that an extraordinary reason does not exist.
SECTION 5. 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.
