CR 16-038 Rule Text

Clearinghouse Rule 16-038

ORDER OF THE

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION

ADOPTING PERMANENT RULES

The scope statement for this rule, SS 071-15, was published in Register No. 716A2, on August 10, 2015, and approved by State Superintendent Tony Evers on August 24, 2015. 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 proposes to repeal ss. PI 24.03 (1) (a) 2. and 3. and (b) and (c), and PI 24.03 (3) (b) and (c); to renumber and amend ss. PI 24.03 (1) and (a) 1.; to consolidate, renumber and amend ss. PI 24.03 (3) (intro.) and (a); to amend ss. PI 24.015 (1) and (2) and (4), PI 24.02, PI 24.03 (2) (title), and PI 24.03 (Note); and to create PI 24.03 (2m); relating to changes to PI 24 as a result of 2011 Wisconsin Act 105 and 2015 Wisconsin Act 53.

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ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION

Statute interpreted: ss. 118.43 (6) and 118.44 (6), Stats.

Statutory authority: ss. 118.43 (6m) and 118.44 (6) (e), Stats.

Explanation of agency authority:

Under s. 118.43 (6m), Stats., the Department is given statutory authority to promulgate rules with respect to payment of state aid under the Student Achievement Guarantee in Education program under s. 118.43 (6), Stats.

118.43 Achievement guarantee contracts; state aid.

(6m) Rules. The department shall promulgate rules to implement and administer the payment of state aid under sub. (6).

Additionally, under 118.44 (6) (e), Stats., the Department is given statutory authority to promulgate rules with respect to the payment of state aid under the Achievement Gap Reduction program under s. 118.44 (6), Stats.

118.44  Achievement gap reduction; state aid.

(6) State aid.

(e) The department shall promulgate rules to implement and administer the payment of state aid under this subsection.

As such, PI 24 is needed to implement changes to statute with respect to both programs.

Related statute or rule: N/A

Plain language analysis:

This proposed rule change will align PI 24 with the statutory changes made as a result of 2011 Wisconsin Act 105, related to the Student Achievement Guarantee in Education program, and 2015 Wisconsin Act 53 with respect to the calculation and payment of state aid under the newly created Achievement Gap Reduction program. Changes in the proposed rule include:

• Inserted references to the new Achievement Gap Reduction Program throughout the rule chapter where necessary

• Eliminated outdated or unnecessary references to statute under the Student Achievement Guarantee in Education program

• Determined a method for calculating state aid under both programs

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:

The proposed rule change is needed to align PI 24 with the statutory changes enacted as a result of 2011 Wisconsin Act 105 and 2015 Wisconsin Act 53. Otherwise, the rule will not reflect current law.

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: