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Wisconsin Department of Public Instruction
STATEMENT OF SCOPE
FOR ADMINISTRATIVE RULES
PI-1096 (Rev. 0
2
-13)
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BUREAU FOR POLICY AND BUDGET
ATTN: KATIE SCHUMACHER
267-9127 or katie.schumacher@dpi.wi.gov
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GENERAL INFORMATION
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Rule No.
PI 11
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Relating to
Incorporating Intellectual Disability Terminology and Concepts
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Rule Type
Emergency and
Permanent
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SIGNATURE
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State Superintendent Review
Approved.
Begin Drafting Rule
Disapproved.
Reason for Disapproval
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St
ate
Superintendent Signature
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Date Signed Mo./Day/Yr.
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NARRATIVE
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Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor’s approval for this statement of scope.
1.
Finding/nature of the
emergency (Emergency Rule only).
An emergency rule may be
needed so this rule
change
is in effect prior to the beginning of the 2015-16 school year. This will ensure that the same intellectual disability criteria are applied to children throughout the school year. If this rule is not effective prior to the beginning of the school year, school districts will have to implement one set of procedures for part of the school year and then change procedures when the rule
takes effect. This would make implementation of the intellectual disability criteria more difficult and may result in children being treated differently based on when they were evaluated for an intellectual disability.
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2.
Detailed description of the
objective of the proposed rule.
This proposed rule change
may adjust
the terminology
, definition, and eligibility contained in
PI 11.36
(1)
, or a combination thereof,
to align
with language used in federal law (Rosa
’s Law, Pub. L. 111-256) and
with the American Association on Intellectual and Developmental Disabilities’ classification manual, Intellectual Disability: Definition, Classification, and Systems of Supports, 11th edition (2010).
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3.
Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an a
nalysis of policy alternatives.
The language in PI 11.3
6
(1) uses cognitive disability
.
The term cognitive disability and its d
efinition
are not consistent with current means
of determining
whether someone has
an intellectual disability.
As a result, cognitive disability
may
be changed to
intellectual disability
and the definition of and determination of an intellectual disability
may be changed to
align with
the American Association on Intellectual and Development Disabilities’ classification manual, Intellectual Disability: Definition, Classification, and Systems of Supports, 11
th
edition (2010) and
to
include
current terminology used in the Wisconsin Model Early Learning Standards.
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4.
Detailed explanation of statutory authority for the rule (including the statutory citation
and language).
Under s. 227.11
(2)
(a)
(intro), Stats., “
Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation
.” As such, PI 11 is required to effectively implement and provide transparency to the programs involving children with disabilities under Subchapter V of ch. 115, Stats.
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5.
Estimate of amount
o
f time that state employees will spend developing the rule and of other resource
s necessary to develop the rule.
The amount of time needed for rule development by department staff and the amount of other resources necessary
are indeterminate.
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6.
List with description of all entities that may b
e affected by the proposed rule.
This
will
affect school districts.
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7.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule.
N/A.
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