Chapter PI 1

Chapter PI 1

COMPLAINT RESOLUTION AND APPEALS

PI 1.01   Purpose and applicability.

PI 1.02   Definitions.

PI 1.03   Receipt and filing of complaints and appeals.

PI 1.04   Procedures.

PI 1.05   Investigations.

PI 1.06   Mediation.

PI 1.07   Hearings.

PI 1.08   Decision.

PI 1.09   Withdrawal, failure to prosecute.

PI 1.10   Rights to further review.

PI 1.11   Food and nutrition appeals.

Ch. PI 1 Note Note: Chapter PI 1 as it existed on December 31, 1987, was repealed and a new chapter PI 1 was created effective January 1, 1988.

PI 1.01 PI 1.01 Purpose and applicability.

PI 1.01(1) (1) Purpose. Under s. 115.28 (5), Stats., the state superintendent is charged with examining and determining all appeals that are made by law to the state superintendent. The purpose of this chapter is to provide the state superintendent with a system for dealing with complaints and appeals received by the department; to promote coordination with other appropriate units of government and agencies regarding complaints and appeals; and to promote the voluntary resolution of problems at the level closest to their source.

PI 1.01(2) (2) Applicability. This chapter applies to all complaints and appeals authorized by statute or rule that are filed with the department, except that this chapter does not apply to appeals or complaints subject to other, more specific, statutes or rules, including, but not limited to, the following:

PI 1.01(2)(a) (a) Appeals relating to the identification, evaluation, educational placement, or the provision of a free appropriate public education of a child with a disability, which shall be resolved under 20 USC 1415 of the Individuals with Disabilities Education Act and subch. V of ch. 115, Stats.

PI 1.01(2)(b) (b) Appeals of a departmental decision that a teacher education program is not in compliance with ch. PI 34, which shall be resolved through the procedures under subch. III of ch. PI 34.

PI 1.01(2)(c) (c) Complaints that the state or a subgrantee is violating the Individuals with Disabilities Education Act, 20 USC Subchapter II, which shall be resolved through the procedures under CFR parts 76 and 77.

PI 1.01(2)(d) (d) Complaints, hearings, and appeals related to license revocation and reinstatement, which shall be resolved through the procedures specified under subch. XI of ch. PI 34.

PI 1.01(2)(e) (e) School district boundary appeal board hearings, which shall be conducted under ch. PI 2.

PI 1.01(2)(g) (g) Appeals relating to orders issued by the state superintendent under s. 115.7915 (8), Stats., which shall be resolved through the procedures specified under s. PI 49.15.

PI 1.01(2)(h) (h) Appeals of a school board’s decision to deny an open enrollment application under s. 118.51 (9), Stats., which shall be resolved through the procedures specified under s. PI 36.14.

PI 1.01(2)(i) (i) Appeals relating to orders issued by the state superintendent under s. 118.60 (10), Stats., which shall be resolved through the procedures specified under s. PI 48.21.

PI 1.01(2)(j) (j) Appeals relating to orders issued by the state superintendent under s. 119.23 (10), Stats., which shall be resolved through the procedures specified under s. PI 35.21.

PI 1.01(2)(k) (k) Complaints related to race-based nicknames, logos, mascots, and team names under s. 118.134, Stats., which shall be resolved through the procedures specified under s. PI 45.03.

PI 1.01 History History: Cr. Register, December, 1987, No. 384, eff. 1-1-88; cr. (2) (f), Register, October, 1992, No. 442, eff. 11-1-92; corrections in (2) (d) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1999, No. 522; corrections in (2) (b) and (d) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register June 2004 No. 582; CR 17-052: am. (1), (2) (intro.), (a), (c), (d) to (f), cr. (2) (g) to (k) Register January 2018 No. 745 eff. 2-1-18; CR 18-027: r. (2) (f) Register August 2018 No. 752, eff. 9-1-18; correction in (2) (b), (d) made under s. 13.92 (4) (b) 7., Stats., and correction in (2) (e) made under s. 35.17, Stats., Register August 2018 No. 752; CR 19-069: am. (2) (d) Register February 2020 No. 770, eff. 3-1-20.

PI 1.02 PI 1.02 Definitions. In this chapter:

PI 1.02(1) (1) “Appeal” means an application to the state superintendent, as provided by statute or rule, to review a decision by the department or a local education agency.

PI 1.02(2) (2) “Complaint” means an allegation of wrongdoing filed with the state superintendent against a local education agency, its officers or employees stating essential facts and demanding relief.

PI 1.02(2m) (2m) “Desk review” means issuing a decision based on a review of written information submitted by the parties.

PI 1.02(3) (3) “Department” means the Wisconsin department of public instruction.

PI 1.02(3m) (3m) “Institution” means a participant in the national school lunch program, special milk program for children, school breakfast program, summer food service program, or child and adult food care program.

PI 1.02(4) (4) “Local education agency” means school boards, school districts, cooperative educational service agencies, county children with disabilities education boards, public libraries, public library systems, and private schools or agencies if the private schools’ or agencies’ actions or decisions concern programs receiving state or federal funds which are administered by the department.

PI 1.02(4m) (4m) “Office of legal services” means the office of legal services in the department.

PI 1.02(5) (5) “Party” means the complainant or appellant and the respondent named in the complaint or appeal.

PI 1.02(6) (6) “Rule” means any rule in the Wisconsin Administrative Code or regulation in the Code of Federal Regulations.

PI 1.02(7) (7) “State superintendent” means the state superintendent of public instruction.

PI 1.02(8) (8) “Statute” means any Wisconsin or United States statute.

PI 1.02 History History: Cr. Register, December, 1987, No. 384, eff. 1-1-88; CR 17-052: am. (1), cr. (2m), (3m), am. (4), cr. (4m), am. (5) Register January 2018 No. 745 eff. 2-1-18.

PI 1.03 PI 1.03 Receipt and filing of complaints and appeals.

PI 1.03(1) (1) All complaints and appeals shall be filed in writing specifying the grounds upon which the action is brought, the facts, and any relief sought. Complaints and appeals shall be signed by the complainant or appellant or the representative of the complainant or appellant. If the complainant or appellant is a minor, the complaint or appeal shall also be signed by a parent or guardian, unless the statute or rule under which the complaint or appeal is filed prohibits this requirement.

PI 1.03(2) (2) If the complaint or appeal is filed by the representative under sub. (1), the representative shall file a notice of representation which shall include written consent of the complainant or appellant and the parent or guardian if required under sub. (1).

PI 1.03(3) (3) The state superintendent shall dismiss a complaint or an appeal if any of the following occur:

PI 1.03(3)(a) (a) The complaint or appeal was not filed within the time period specified in the statute or rule under which the complaint or appeal was filed.

PI 1.03(3)(b) (b) The complaint or appeal is not legally sufficient to state a claim upon which relief may be granted.

PI 1.03(3)(c) (c) The state superintendent does not have jurisdiction in the matter.

PI 1.03(3)(d) (d) The complainant or appellant does not include sufficient allegations of fact that, if accepted as true, would support the complaint or appeal.

PI 1.03 History History: Cr. Register, December, 1987, No. 384, eff. 1-1-88; CR 17-052: am. (1), (2), r. and recr. (3) Register January 2018 No. 745 eff. 2-1-18.

PI 1.04 PI 1.04 Procedures. Upon receipt of a written complaint or appeal filed under s. PI 1.03, the state superintendent shall acknowledge receipt of the complaint or appeal in writing and shall use any or all of the following procedures that the state superintendent determines to be appropriate:

PI 1.04(1) (1) Provide technical assistance and information and attempt to resolve the matter informally.

PI 1.04(2) (2) Refer the complainant to another state agency for action or resolution.

PI 1.04(3) (3) Conduct an investigation under s. PI 1.05.

PI 1.04(4) (4) Conduct a hearing under s. PI 1.07.

PI 1.04(5) (5) Issue a decision based on a review of the record of a hearing held before the local education agency.

PI 1.04(6) (6) Issue protective orders or grant temporary relief as deemed necessary by the state superintendent to preserve the rights of any party prior to the issuance of a final decision or order.