PROPOSED ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING PERMANENT RULES
Pursuant to Coyne v. Walker, the Department of Public Instruction is not required to obtain the Governor’s approval of the rule under s. 227.185. Coyne v. Walker, No. 2013AP416, 2015 WL 686178 (Wis. Ct. App. Feb. 19, 2015). The State Superintendent of Public Instruction hereby proposes to repeal and recreate Chapter PI 45, relating to changes as a result of 2013 Wisconsin Act 115. ____________________________________________________________________________________
ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Statute interpreted: 118.134, Stats.
Statutory authority: 118.134 (4), Stats.
Explanation of agency authority:
Under s. 118.134 (4) (a), Stats., the State Superintendent is required to promulgate rules to implement and administer s. 118.134, Stats., the statute on schools’ race-based nicknames, logos, mascots, and team names. Related statute or rule: None.
Plain language analysis:
This proposed rule change will align PI 45 with the statutory changes made as a result of 2013 Wisconsin Act 115. This rule change eliminates PI 45.04, the section creating a presumption that the use of any unambiguously race-based nicknames or team names are presumed to promote discrimination, pupil harassment or stereotyping; revises the complaint procedure to reflect the statutory procedures enacted under 2013 Wisconsin Act 115; and makes other minor changes to the rule to align it with 2013 Wisconsin Act 115. Summary of, and comparison with, existing or proposed federal regulations: N/A.
Comparison with rules in adjacent states: N/A.
Summary of factual data and analytical methodologies:
This is a change to align ch. PI 45 with the changes in s. 118.134, Stats. 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 economic impact on small businesses, as defined in s. 227.114 (1), Stats. Agency contact person: (including email and telephone)
Carl Bryan
Budget and Policy Analyst
Wisconsin Department of Public Instruction
125 S. Webster Street,
P.O. Box 7841
Madison, WI 53707-7841
(608) 267-9127
Place where comments are to be submitted and deadline for submission:
Comments can be submitted to Carl Bryan using the contact information above. Comments must be submitted no later than 15 days after publication of the Notice of Submittal of Rules to the Legislative Council Rules Clearinghouse in the Administrative Register.
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