ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING PERMANENT RULES
The scope statement for this rule, SS 072-15, was published in Register No. 716A2, on August 10, 2015, and approved by State Superintendent Tony Evers on August 24, 2015, and modifies SS 086-13, which was published in Register No. 691 on July 13, 2013, and approved by State Superintendent Tony Evers on August 15, 2013. 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, 2016 WI 38. The State Superintendent of Public Instruction hereby proposes to repeal and recreate PI 35, relating to the parental choice program for students residing in the city of Milwaukee.
ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Statute interpreted: s. 119.23, Stats. Explanation of agency authority:
Under s. 227.11 (2) (a), Stats., the DPI “may promulgate rules interpreting the provisions of any statute enforced or administered” by the DPI. The DPI is explicitly required by statute to create a rule to implement and administer s. 119.23, Stats. Specifically, s. 119.23 (11) (a) provides: 119.23 Milwaukee parental choice program.
(11) The department shall do all of the following:
(a) Promulgate rules to implement and administer this section. The department may not by rule establish standards under sub. (7) (am) that exceed the standards established by the American Institute of Certified Public Accountants.
Plain language analysis:
The 2013-15 budget, 2013 Wisconsin Act 20, made several modifications to the Milwaukee Parental Choice Program; the program was further modified by the 2015-17 budget, 2015 Wisconsin Act 55. The Milwaukee Parental Choice Program allows eligible private schools to receive state aid payments for eligible students. The rules set forth the MPCP program requirements under s. 119.23, Stats., as modified by 2015 Wisconsin Act 55 and other legislation. The proposed rules and this section of the statutes apply only to private schools that choose to participate in the program. The Department’s proposed rule reflects both statutory changes and changes in practice. The proposed rule refers to ch. PI 48 and ch. PI 49, provisions that are created in separate rule-making orders currently under promulgation. Draft materials of ch. PI 48 may be accessed at: . Draft materials of ch. PI 49 may be accessed at: . 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:
Section 119.23 (11) (a), Stats., requires the DPI to promulgate rules to implement and administer the Milwaukee Parental Choice Program. The 2013-15 budget, 2013 Wisconsin Act 20, made several modifications to the Milwaukee Parental Choice Program; the program was further modified by the 2015-17 budget, 2015 Wisconsin Act 55. The rule needs to be updated to reflect statutory changes and changes in practice. Anticipated costs incurred by private sector:
There is not expected to be a cost to the private sector.
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
