ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING PERMANENT RULES
The scope statement for this rule, SS 043-16, was published in Register No. 725B on May 31, 2016, and approved by State Superintendent Tony Evers, on June 14, 2016. 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 issues an order to amend PI 1.01 (1), (2) (intro.) and (a), (c), (d), (e), and (f), 1.02 (1), (4), and (5), 1.03 (1) and (2), 1.04 (intro.), 1.07 (4) (a) and (b), 1.08, and 1.09 (2) (intro.) and (a); to repeal and recreate PI 1.03 (3) and 1.04 (9); and to create PI 1.01 (2) (g), (h), (i), (j), and (k), 1.02 (2m), (3m), and (4m), 1.07 (6), and 1.11; relating to revising complaint and appeals procedures.
__________________________________________________________________________________________________
ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Explanation of agency authority:
Pursuant to s. 115.28 (5), Stats., the state superintendent shall “examine and determine all appeals which by law are made to the state superintendent and prescribe rules of practice in respect thereto, not inconsistent with law.” In addition, under s. 227.10 (1), Stats., “Each agency shall promulgate as a rule each statement of general policy and each interpretation of a statute which it specifically adopts to govern its enforcement or administration of that statute.” Finally, the Department is permitted under. 227.44 (8), Stats., to establish “rules relating to the transcription of the record into a written transcript.” As such, a rule is required to examine and determine all appeals made to the state superintendent or the Department. Related statute or rule: N/A
Plain language analysis:
The purpose of this rule would be to update the chapter, which has not been updated since 1987 with the exception of s. PI 1.01, to conform with statute. This rule covers all of the types of appeals and complaints that the Department is required by law to hear, unless another administrative rule or a statute provides more specific procedures (e.g.; ch. PI 11, children with disabilities). In addition, the rule addresses the procedures related to contested case hearings under s. 227.42, Stats., specify the requirements for a proper appeal, and specify who is responsible for paying for a transcript in a contested case hearing under s. 227.44 (8), Stats. Summary of, and comparison with, existing or proposed federal regulations:
The federal government has established procedures to govern administrative appeals, such as those provided in Child and Adult Food Care Program appeals under 7 C.F.R. § 226.6 (k). Comparison with rules in adjacent states:
Many other states establish procedures to govern administrative appeals (e.g., Minnesota Board of Teaching appeals under Minn. R. 8710.0900; Illinois Charter School Appeal Process under 105 ILCS 5/27A; Michigan Educator Effectiveness appeals under s. 380.1249(2)(l); Iowa appellate review by the state board of education, the director of education, or the department of education under 281—Iowa Administrative Code 6). Summary of factual data and analytical methodologies:
Chapter PI 1 specifies the procedures for the Department to hear appeals and complaints related to decisions by school districts. Since the rule was last updated, the Department has been charged with hearing additional types of complaints and appeals, not all of which relate to decisions by school districts. The revised rule would be modeled after the existing ch. PI 1, the revised ch. PI 35 (CHR 16-004, which became effective on August 1, 2016), and approaches taken by other state agencies (e.g., ATCP Ch. 1). Other states and the federal government establish procedures to govern administrative appeals (e.g., Child and Adult Food Care Program appeals under 7 C.F.R. § 226.6 (k); Minnesota Board of Teaching appeals under Minn. R. 8710.0900). There is no policy alternative because the Department is required by law to hear appeals. 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
(608) 267-9127
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 adminrules@dpi.wi.gov. The Department will publish a hearing notice in the Administrative Register that will provide information on the deadline for the submission of comments. __________________________________________________________________________________________________
SECTION 1. PI 1.01 (1) and (2) (intro.), (b), (c), (d), (e), and (f) are amended to read:
PI 1.01 (1) Purpose. Under s. 115.28 (5), Stats., the state superintendent is charged with examining and determining all appeals that are made by law to the state superintendent. The purpose of this chapter is to provide the state superintendent with a system for dealing with complaints and appeals received by the department; to promote coordination with other appropriate units of government and agencies regarding complaints and appeals; and to promote the voluntary resolution of problems at the level closest to their source. (2) Applicability. This chapter applies to all complaints received by the department, and to all appeals authorized by statute whichor rule that are filed with the department, except that this chapter does not apply to appeals or complaints subject to other, more specific, statutes or rules, including, but not limited to, the following:
(a) Appeals relating to the identification, evaluation, educational placement, or the provision of a free appropriate public education of a child who has an exceptional educational needwith a disability, which shall be resolved under 20 USC 1415 of the Education of the HandicappedIndividuals with Disabilities Education Act and subch. V of ch. 115, Stats. (c) Complaints that the state or a subgrantee is violating subch. II of the Education of the HandicappedIndividuals with Disabilities Education Act, 20 USC 1411-1418 and 1420Subchapter II, which shall be resolved through the procedures under the Education Department General Administrative Regulations at 34 CFR Partsparts 76 and 77, commonly referred to as EDGAR.
