PROPOSED ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
AMENDING RULES
The scope statement for this rule, SS 111-24, was published in Register No. 817B, on January 29, 2024, and approved by State Superintendent Jill K. Underly on February 13, 2024. The State Superintendent of Public Instruction hereby proposes an order to amend ss. PI 27.02 (2), 27.03 (2) (d), (3) (a), (b), (4) (a), (b), (5) (intro.), (b), (c), (d), and (e) 1.; and to create ss. PI 27.02 (5), 27.03 (5) (f) and (6) (am), relating to revisions to rules governing the commencement of the school term prior to September 1 and affecting small businesses. ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Statute interpreted: s. 118.045, Wis. Stats. Explanation of agency authority:
Under s. 118.045 (3), Wis. Stats., the Superintendent of Public Instruction is required to promulgate rules governing the procedures by which school boards may request that a school term commence prior to September 1, including the extraordinary reasons that allow the department to grant such requests. Related statute or rule:
N/A
Plain language analysis:
The proposed rule seeks to amend ch. PI 27 of the Wisconsin Administrative Code with respect to the extraordinary reasons under which school boards may request the department’s approval to allow a school term to commence prior to September 1. Summary of, and comparison with, existing or proposed federal regulations:
Education in the United States is primarily governed by state and local governments, resulting in varying regulations regarding the commencement of the school term. Unlike federal regulations, which are generally silent on exceptions for the commencement of the school term, each state has its own set of parameters and requirements for granting exceptions. Consequently, the commencement of the school term varies across states, and exceptions to the commencement of the school term are subject to state-specific regulations and processes.
Summary of any public comments and feedback on the statement of scope for the proposed rule that the agency received at a preliminary public hearing and comment period held and a description of how and to what extent the agency took those comments into account and drafting the proposed rule:
The Department held a preliminary public hearing and comment period on February 12, 2024, and received comments on the statement of scope for the proposed rule. A summary of comments and the Department’s response to those comments are as follows:
Some respondents expressed opposition to proposed changes to the rule, arguing that the current rule already provides exemptions to the September 1 school commencement date for various specialized programs, such as gifted and talented classes, remedial education, and migrant programs, among others. They also noted that local school boards have significant flexibility in setting school calendars, including determining school hours, makeup days for inclement weather, holiday breaks, staff development days, and the last day of school, with the aid of technology and virtual schooling. Additionally, they raised concerns that changing the rule may negatively impact the state's tourism industry during August, a crucial month for tourism revenue. As such, the respondents believe changing the rule is unnecessary to address local needs, as the September 1 school commencement date has proven to be successful for students and teachers in the state.
Agency Response: The department regularly communicates with external stakeholders, including school districts, which have indicated a desire for greater flexibility in the rule rules governing commencement of the school term. Further, the increase in the number of school districts that have applied for an exemption to the September 1 school commencement date is evidence that greater autonomy is needed for school boards to meet the unique needs of their local communities. The proposed rule responds to these concerns by clarifying the means in which the department may grant exemptions to the September 1 school commencement date and providing greater flexibility for school boards to address local needs.
Some respondents opposing the rule change expressed disappointment that the department is proceeding with the rule without soliciting input from organizations representing the tourism industry. They believed that the failure to include tourism businesses as an impacted entity in the statement of scope was an oversight by the department.
Agency Response: Section 227.135 (2), Wis. Stats., provides that no state employee or official may perform any activity in connection with the drafting of a proposed rule, except for an activity necessary to prepare the statement of the scope of the proposed rule until the governor and the individual or body with policy-making powers over the subject matter of the proposed rule approve the statement. External stakeholders will have additional opportunities to engage in the rulemaking process going forward, including opportunities to provide feedback on the proposed rule. Finally, one respondent opposing the rule change argued that if high school juniors and seniors need to attend dual-credit classes offered by post-secondary institutions, those students should be allowed to start their courses early, rather than requiring the entire school population to attend school before September 1. They noted that the University of Wisconsin starts classes after September 1, and dual-credit enrollment primarily affects courses within the Wisconsin Technical College System. The respondent expressed an understanding that colleges are already working with many high schools in their districts to address this issue.
Agency Response: The department agrees with the respondent’s suggestion and will explore including the change in the proposed rule.
Comparison with rules in adjacent states:
Illinois: 105 ILCS 5/10-19 provides that each school board shall annually prepare a calendar for the school term, specifying the opening and closing dates and providing a minimum term of at least 185 days to insure 176 days of actual pupil attendance. Additionally, a school board may make such changes in its calendar for the school term as may be required by any changes in the legal school holidays prescribed in Section 24-2. A school board may make changes in its calendar for the school term as may be necessary to reflect the utilization of teachers' institute days as parental institute days as provided in Section 10-22.18d. The calendar for the school term and any changes must be submitted to and approved by the regional superintendent of schools before the calendar or changes may take effect.
Iowa: Iowa Code Ann. § 279.10 provides that the school year for each school district and accredited nonpublic school shall begin on July 1 and the school calendar shall begin no sooner than August 23 and no later than the first Monday in December. The school calendar shall include not less than one hundred eighty days or one thousand eighty hours of instruction during the calendar year, of which not more than five days or thirty hours of instruction may be delivered primarily over the internet except as otherwise provided in section 256.43 or in rules adopted by the state board of education pursuant to section 256.7, subsection 32. The board of directors of a school district and the authorities in charge of an accredited nonpublic school shall determine the school commencement date for the school calendar and shall set the number of days or hours of required attendance for the school year, but the board of directors of a school district shall hold a public hearing on any proposed school calendar prior to adopting the school calendar. Additionally, the board of directors of a school district and the authorities in charge of an accredited nonpublic school may apply to the department of education for authorization to maintain a year-round school calendar at an attendance center or school for students in prekindergarten through grade eight. However, a board shall hold a public hearing on any proposal relating to authorization for a year-round school calendar prior to applying to the department of education for approval. Michigan: Mich. Comp. Laws Ann. § 380.1284b provides that the board of a school district or intermediate school district or board of directors of a public school academy shall ensure that the district's or public school academy's school year does not begin before Labor day. However, this requirement does not apply to a school district, intermediate school district, or public school academy operating a year-round school or international baccalaureate academy after September 29, 2005. However, if one of those entities operate a year-round program after that date, they can apply for a waiver from this requirement if it's determined to be a bona fide year-round school for educational reasons. Additionally, intermediate school districts may align their programs or services with the calendar of constituent districts or public school academies if those entities have a school year that begins before Labor Day. Finally, public schools that operate grades 6 to 12 at a single site, align their high school curriculum with advanced placement courses, and end their second academic semester concurrently with the end of the advanced placement examination period, are exempted from this requirement. Minnesota: Minn. Stat. Ann. § 120A.40 provides that, except for learning programs during summer, flexible learning year programs, and learning year programs, a district must not commence an elementary or secondary school year before Labor Day. However, a school district may commence the school year before Labor Day under the following circumstances: 1) if there's a construction or remodeling project impacting a district school facility that costs $400,000 or more; 2) if the district has an agreement with another district that qualifies under the construction or remodeling project criteria, and 3) if the district agrees to the same schedule as a neighboring school district in an adjoining state.
Summary of factual data and analytical methodologies:
Section 118.045, Wis. Stats., provides that, beginning in the year 2000, no public school may commence the school term until September 1, but does not prohibit a school board from holding athletic contests or practices or scheduling in-service days before September 1, or holding school year-round. However, under s. 118.045 (3), Wis. Stats., a school board may commence the school term before September 1 in any school year if the school board requests the department to allow it to commence the school term before September 1, the school board includes reasons with its request, and the department approves the request. This subsection additionally provides that the department may grant approval for a request only if it determines that there are extraordinary reasons for granting it. The department is given statutory authority under s. 118.045 (3), Wis. Stats., to promulgate rules to effectuate this subsection.
