Chapter PI 9

PI 9.03(3) (3) The policies shall be adopted by the board following a public hearing or an opportunity for public commentary at a board meeting.

PI 9.03 History History: Cr. Register, October, 1986, No. 370. eff. 11-1-86.

PI 9.04 PI 9.04 Complaint procedure. Each board shall:

PI 9.04(1) (1) Designate an employee of the school district to receive complaints regarding discrimination under s. 118.13, Stats., and this chapter.

PI 9.04(2) (2) Establish a procedure for receiving and resolving 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.

PI 9.04(3) (3) Notify a complainant of the right to appeal a negative determination by the school board to the state superintendent and of the procedures for making the appeal.

PI 9.04 History History: Cr. Register, October, 1986, No. 370. eff. 11-1-86; CR 17-056: cons. and renum. (2) (intro.) and (a) to (2) and am., r. (2) (b) Register January 2018 No. 745 eff. 2-1-18.

PI 9.05 PI 9.05 Public notice. Each board shall:

PI 9.05(1) (1) Annually 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.

PI 9.05(2) (2) Include a pupil nondiscrimination statement on pupil and staff handbooks, course selection handbooks and other published materials distributed to the public describing school activities and opportunities.

PI 9.05(3) (3) Include the complaint procedure in pupil and staff handbooks.

PI 9.05 History History: Cr. Register, October, 1986, No. 370. eff. 11-1-86.

PI 9.06 PI 9.06 Evaluation.

PI 9.06(1) (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., each board shall evaluate 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:

PI 9.06(1)(a) (a) School board policies and administrative procedures.

PI 9.06(1)(b) (b) Enrollment trends in classes and programs.

PI 9.06(1)(c) (c) Methods, practices, curriculum and materials used in instruction, counseling, and pupil assessment and testing.

PI 9.06(1)(d) (d) Trends and patterns of disciplinary actions, including suspensions, expulsions, and handling of pupil harassment.

PI 9.06(1)(e) (e) Participation trends and patterns and school district support of athletic, extracurricular and recreational activities.

PI 9.06(1)(f) (f) Trends and patterns in awarding scholarships and other forms of recognition and achievement provided or administered by the school district.

PI 9.06(1)(g) (g) School district efforts to achieve equality of educational opportunity and nondiscrimination.

PI 9.06(1)(h) (h) School district technology, including electronic communications by school district staff.

PI 9.06(2) (2) The board shall provide an opportunity for participation in the evaluation by pupils, teachers, administrators, parents and residents of the school district.

PI 9.06(3) (3) The board shall prepare a written report of the evaluation which shall be available for examination by residents of the school district.

PI 9.06 History History: Cr. Register, October, 1986, No. 370. eff. 11-1-86; CR 17-056: cr. (1) (h) Register January 2018 No. 745 eff. 2-1-18.

PI 9.07 PI 9.07 Reporting. Each board shall submit the following to the department:

PI 9.07(1) (1) Copies of policies and procedures under s. 118.13 (2) (a), Stats., and ss. PI 9.03 and 9.04, and notices under s. PI 9.05, upon request of the state superintendent.

PI 9.07(2) (2) An annual compliance report, including the name of the designated employee under s. PI 9.04 (1); and the number of complaints received during the year, a description of each complaint and its status.

PI 9.07(3) (3) A copy of the written report of the evaluation conducted under s. PI 9.06.

PI 9.07 Note Note: Form PI 1197, Compliance Report — Pupil Nondiscrimination, may be obtained from Department of Public Instruction, Division for Handicapped Children and Pupil Services, P.O. Box 7841, Madison, WI 53707.

PI 9.07 History History: Cr. Register, October, 1986, No. 370. eff. 11-1-86.

PI 9.08 PI 9.08 State superintendent.

PI 9.08(1) (1) The state superintendent shall:

PI 9.08(1)(a) (a) Decide appeals of board decisions made under s. 118.13 (2) (a), Stats., and this chapter as follows:

PI 9.08(1)(a)1. 1. The complainant may appeal a negative determination of the board to the state superintendent within 30 days of the board’s decision.

PI 9.08(1)(a)2. 2. The complainant may appeal directly to the state superintendent if the board has not complied with the provisions of s. PI 9.04 (2).

PI 9.08(1)(a)3. 3. The state superintendent shall utilize the procedures under ch. PI 1 to resolve appeals under this subsection.

PI 9.08(1)(a)4. 4. If the state superintendent finds that the board violated s. 118.13, Stats., or this chapter, the state superintendent shall issue an order to comply which includes a requirement that the board submit a corrective action plan, including a schedule, within 30 days of the board’s receipt of the order.

PI 9.08(1)(a)5. 5. The state superintendent shall refer a complaint to the board for resolution if it has not been filed with the board or if the complaint is currently under consideration by the board under the complaint procedure required by s. PI 9.04.

PI 9.08(1)(b) (b) Include in the department’s biennial report under s. 15.04 (1) (d), Stats., information on the status of school district compliance with s. 118.13, Stats., and school district progress toward providing reasonable equality of educational opportunity and nondiscrimination for all pupils in Wisconsin.

PI 9.08(2) (2) The state superintendent may:

PI 9.08(2)(a) (a) Provide technical assistance to school districts.

PI 9.08(2)(b) (b) Review the policies established by the board under ss. PI 9.03 and 9.04.

PI 9.08(2)(c) (c) Review school district programs, activities and services to determine whether boards 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.

PI 9.08 History History: Cr. Register, October, 1986, No. 370. eff. 11-1-86.