CR_15-038 Changes as a result of 2013 Wisconsin Act 257

PROPOSED ORDER OF THE

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION

ADOPTING PERMANENT RULES

The scope statement fo r this rule, SS 046-14 , was published in Register No. 701 B , on May 31, 2014 , and approved by State Superintendent Tony Evers , on June 10, 2014 . 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 , No. 2013AP416, 2015 WL 686178 (Wis. Ct. App. Feb. 19, 2015).

The state superintendent of public instr uctio n hereby proposes to renumber s. PI 17.02 (1) ; to amend ch. PI 17 (title) , ss. PI 17.01 , 17.03 (title), (1) , (2) (intro.) and (c) , 17.03 (3) and (3) (e) , (4) , and (5) , 17.04 ( title ), (1) , and (2) , 17.05 (title), (1) (intro.) , (2) (intro.) and (b) , and (4) ; and to create ss. PI 17.02 (1 d ) , (2m) , and (6) and 17.03 (2) (d) ; relating to changes as a result of 2013 Wisconsin Act 257 .

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ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION

Statute interpreted: 121.14, Stats.

Statutory authority: 121.14, Stats., and 227. 11 (2) (a) (intro . ), Stats.

Explanation of agency authority:

Under ss. 227.11 (2) (a) (intro . ) and 121.14 , Stats., the Department is authorized to establish criteria for summer school classes and interim session classes receiving state aid. Section 121.14 (1) (a) , Stats., provides specific rulemaking authority as follows:

121.14 State aid for summer classes and interim session classes.

(1)

(a) State aid shall be paid to each district or county children with disabilities education board for all of the following:

1. Subject to par. (b), those academic summer classes or laboratory periods that are for necessary academic purposes, as defined by the state superintendent by rule.

2. Subject to par. (b), for a school district or county children with disabilities education board that provides year-round school, those interim session classes or laboratory periods that are for necessary academic purposes, as defined by the state superintendent by rule.

Related statute or rule: None.

Plain language analysis:

This proposed change will modify ch. PI 17 as a result of statutory change made in 2013 Wisconsin Act 257 . Any other changes to ch. PI 17 that are needed to align PI 17 with current statutes will also be made.

Summary of, and comparison with, existing or proposed fede ral regulations: N/A

Comparison with rules in adjacent states: N/A

Summary of factual dat a and analytical methodologies:

This is a change to align ch. PI 17 with the statutory changes made as a result of 2013 Wisconsin Act 257 , including changes to s. 121.14 , Stats.

Analysis and supporting documents used to determine effect on small business or in prepara tion 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:

Comments should be submitted to Carl Bryan using the contact information above. Comments must be submitted no later than 15 days after publication of the Notice of Submittal of Rules to the Legislative Council Rules Clearinghouse in the Administrative Register . The D epartment will publish a hearing notice in the Administrative Register which will provide information on the deadline for the submission of comments .

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SECTION 1. Chapter PI 17 (title) is amended to read:

Chapter PI 17

SUMMER SCHOOL PROGRAMS AND INTERIM SESSION CLASSES

SECTION 2. PI 17.01 is amended to read:

PI 17.01 Applicability and purpose. This chapter establishes criteria for summer school programs and interim session classes receiving state aid, as authorized under s. 121.14 , Stats.

SECTION 3. PI 17.02 (1) is renumbered PI 17.02 (1m).

SECTION 4. PI 17.02 (1 d ), (2m) and (6) are created to read:

(1 d ) “ Academ ic purposes ” means summer or interim session learning experiences that are related or similar to instruction that is offered during the rest of the school year or for which credit toward graduation is given.

( 2 m ) “ Interim session ” has the meaning given in s. 115.001(3m) , Stats. , for school districts or county children with disabilities education boards that provide year-round school. Interim sessions are not an extension of the regular school day or school week.

(6) “ Year-round school ” means a school with an academic program calendar that does not have more than 45 calendar days between consecutive sessions during which hours of direct pupil instruction are counted to meet the requirement in s. 121.02 (1) (f) , Stats.

SECTION 5. PI 17.03 (title), (1), (2) (intro.) and (c) are amended to read:

PI 17.03 Summer school programs and interim session classes . (1) Under s. 121.14 , Stats., a school district or county children with disabilities education board may count pupils for aid membership for those academic summer classes or laboratory periods that are necessary for academic purposes, as specified under this chapter. A school district may operate a summer school Under s. 121.14 , Stats. , a school district or county children with disabilities education board that provides year-round school may count pupils for aid membership for those interim session classes or laboratory periods that are necessary for academic purposes. A school district may operate a summer or interim session program in cooperation with a CESA or another school district under an agreement as provided in s. 66.0301 , Stats. In this section, “academic purposes” means summer school learning experiences are related or similar to instruction that is offered during the rest of the school year or for which credit toward graduation is given.

(2 ) Summer school courses and interim session classes necessary for academic purposes may include all any of the following:

(c) Up to 270 minutes of instructional time, including field trips Instructional minutes , per student, per day, including field trips if accompanied by a department-licensed teacher and if all pupils have equal access to the field trips, regardless of their ability to pay.

SECTION 6. PI 17.03 (2) (d) is created to read:

(d) Online classes offered to high school pupils and pupils in grades 7 and 8 that meet the requirements of s . 121.004 (8) (b) , Stats., and s. PI 36.11 (1) and in which at least 8,100 min utes of direct instruction are required to earn one credit . I f fewer minutes of direct instruction are provided the credit shall be prorated accordingly .

SECTION 7. PI 17.03 (3) (intro.) and (e) , (4), and (5) are amended to read:

17. 03 ( 3 ) Summer school and interim session activities not necessary for academic purposes include all of the following:

(e) Any offering not provided by or directed on site by a department-licensed teacher.

(4) A school district under sub. (1) shall annually submit to the department a summer school or interim session membership report.

(5) A school district under sub. (1) shall document and retain the calculation of summer school or interim session membership on a form provided by the department.

SECTION 8. PI 17.04 ( title ), (1) and (2) are amended to read:

PI 17.04 Summer school or interim session classes aid calculation. (1) Summer schoo l average daily membership equivalent shall be included as a full-time equivalency in the school district's September official enrollment of the school district required under s. 121.05 (1) (a) , Stats.

(2) The summer school average daily membership equivalent reported under sub. (1) shall be calculated using the school district's total summer school resident or interim session pupil membership minutes , divided by 48,600 , and rounding to the nearest whole number , as provided under s. 121.004 (8) , Stats .

SECTION 9. PI 17 .05 (title), (1) (intro.) , ( 2 ) (intro.) and (b) , and (4) are amended to read:

PI 17.05 Fees charged for summer school courses and interim session classes . (1) A school district or county children with disabilities education board offering a summer school program or interim session classe s may charge reasonable fees for the following:

(2) A school district or county children with disabilities education board offering a summer school or interim session classes may not charge fees for any of the following:

(b) Books for indigent children residing in the school district.

(4) A school district or county children with disabilities education board offering a summer school program or interim session classes may not prohibit an eligible pupil from attending summer school or interim session classes , expel or otherwise discipline the pupil, or withhold or reduce the pupil's grades because the pupil or the pupil's family cannot pay or has not paid fees charged under sub. (1) .

SECTION 10. EFFECTIVE DATE:

The proposed rules contained in this order shall take effect on the first day of the month commencing after the date of publication in the Wisconsin Administrative Register, as provided in s. 227.22 (2) (intro.) , Stats.