EmR1814 Rule Text

ORDER OF THE

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION

ADOPTING EMERGENCY RULES

The scope statement for this rule, SS 037-18, was published in Register No. 748A1 on April 2, 2018, and approved by State Superintendent Tony Evers on April 27, 2018. Pursuant to Coyne v. Walker, the Department of Public Instruction is not required to obtain the Governor’s approval for the statement of scope for this rule. Coyne v. Walker, 368 Wis.2d 444.

The State Superintendent of Public Instruction hereby adopts an order to create subch. V of PI 36, relating to restoring part time open enrollment rules.

ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION

Statute interpreted: s. 118.52, Stats.

Statutory authority: s. 227.11 (2) (a) (intro.), Stats.

Explanation of agency authority:

The Department is required to implement and administer the payment of state aid pursuant to s. 118.52, Stats. Under s. 227.11 (2) (a) (intro.), Stats., “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation.” See also, Wisconsin Ass'n of State Prosecutors v. Wisconsin Employment Relations Comm'n, 2018 WI 17, ¶ 42 (“statutory mandates are also statutory authorizations, and authorization of an act also authorizes a necessary predicate act.”)(internal citations omitted). The proposed rule is necessary for the Department to effectively implement and administer the part time open enrollment program under s. 118.52, Stats.

Related statute or rule: None.

Plain language analysis:

The proposed rule will restore Subchapter V of PI 36, relating to part time open enrollment, to conform rule with the changes under 2017 Wisconsin Act 59, the 2017-19 biennial budget.

Summary of, and comparison with, existing or proposed federal regulations: N/A

Comparison with rules in adjacent states:

While neighboring states offer programs that are similar to public school inter-district open enrollment in Wisconsin, there does not appear to be similar programs that provide for the part time enrollment of pupils outside of their resident school district.

Summary of factual data and analytical methodologies:

2013 Wisconsin Act 20, the 2013-15 biennial budget, made several changes to the statutes relating to open enrollment, including eliminating the part time open enrollment program. The Department promulgated rules, Clearinghouse Rule 16-015, to eliminate Subchapter V of Chapter PI 36, which governed part time open enrollment, since it no longer had the statutory authority to implement the program. However, 2017 Wisconsin Act 59 restored the part time open enrollment program. As a result, the Department proposes to promulgate a new rule to restore Subchapter V relating to part time open enrollment. Without a rule, the Department may be prevented from efficiently implementing the program and rule and statute will not be consistent.

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

Budget and Policy Analyst

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.

SECTION 1. Subchapter V of PI 36 is created to read:

Subchapter V – Part-Time Open Enrollment