PI 1.03(3)(a)(a) The complaint or appeal was not filed within the time period specified in the statute or rule under which the complaint or appeal was filed. PI 1.03(3)(b)(b) The complaint or appeal is not legally sufficient to state a claim upon which relief may be granted. PI 1.03(3)(c)(c) The state superintendent does not have jurisdiction in the matter. PI 1.03(3)(d)(d) The complainant or appellant does not include sufficient allegations of fact that, if accepted as true, would support the complaint or appeal. PI 1.03 HistoryHistory: Cr. Register, December, 1987, No. 384, eff. 1-1-88; CR 17-052: am. (1), (2), r. and recr. (3) Register January 2018 No. 745 eff. 2-1-18. PI 1.04PI 1.04 Procedures. Upon receipt of a written complaint or appeal filed under s. PI 1.03, the state superintendent shall acknowledge receipt of the complaint or appeal in writing and shall use any or all of the following procedures that the state superintendent determines to be appropriate: PI 1.04(1)(1) Provide technical assistance and information and attempt to resolve the matter informally. PI 1.04(2)(2) Refer the complainant to another state agency for action or resolution. PI 1.04(5)(5) Issue a decision based on a review of the record of a hearing held before the local education agency. PI 1.04(6)(6) Issue protective orders or grant temporary relief as deemed necessary by the state superintendent to preserve the rights of any party prior to the issuance of a final decision or order. PI 1.04(8)(8) Direct the complainant to exhaust any administrative remedies available before the local education agency. PI 1.04 HistoryHistory: Cr. Register, December, 1987, No. 384, eff. 1-1-88; CR 17-052: am. (intro.), r. and recr. (9) Register January 2018 No. 745 eff. 2-1-18. PI 1.05(1)(1) If the state superintendent determines under s. PI 1.04 (3) to conduct an investigation, the investigation may include an on-site review or any other activity which the state superintendent deems appropriate. PI 1.05(2)(2) The state superintendent may determine whether reasonable grounds exist for believing that the matter asserted by the complainant or appellant is probably true, and may issue a finding to that effect. PI 1.05(3)(3) During the investigation, the state superintendent may keep the identity of the complainant in confidence if, in the state superintendents’ judgment, disclosure of the complainant’s identity would be likely to subject the complainant to retaliatory action or would otherwise jeopardize the investigation. PI 1.05 HistoryHistory: Cr. Register, December, 1987, No. 384, eff. 1-1-88. PI 1.06(1)(1) Prior to holding a hearing regarding a complaint or an appeal, the state superintendent may attempt to resolve the matter through mediation if the parties agree. The state superintendent shall appoint the mediator. If the parties agree to a negotiated settlement, the mediator shall notify the state superintendent of the terms of the settlement and the state superintendent shall find that the matter is resolved. If the parties are unable to agree to a negotiated settlement, the state superintendent shall determine which other procedures under s. PI 1.04 to follow. PI 1.06(2)(2) The mediation sessions shall be conducted at the discretion of the mediator, except that if a negotiated settlement has not been reached within 90 days after the mediator received the complaint or appeal, the mediator shall either request an extension of time or inform the state superintendent that the mediation effort is unsuccessful. PI 1.06 HistoryHistory: Cr. Register, December, 1987, No. 384, eff. 1-1-88. PI 1.07(1)(1) When held. The state superintendent shall conduct a hearing when required by the statute or rule under which the complaint or appeal is filed or when required under s. 227.42, Stats. The state superintendent may conduct a hearing in other matters if he or she deems it is appropriate. PI 1.07(2)(2) Notice. Except in case of emergency, as determined by the state superintendent, at least 10 days prior to the hearing the state superintendent shall mail to the parties, by certified mail, written notice of hearing stating the time, date and place of the hearing, the nature of the case, a general statement of the issues to be heard and the procedures to be followed. The parties may by mutual consent waive the right to notice. The state superintendent may postpone the hearing in the case of exceptional circumstances. PI 1.07(3)(3) Hearing examiner. The state superintendent shall preside over the hearing or appoint a hearing examiner. The state superintendent may not appoint any person as hearing examiner who has been involved, either directly or indirectly, with the action or decision which is the subject of the complaint or appeal.