CR_16-038 Changes to PI 24 as a result of 2011 Wisconsin Act 105 and 2015 Wisconsin Act 53

PROPOSED ORDER OF THE

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION

REVISING PERMANENT RULES

The scope statement fo r this rule , SS 71-15, was published in Register No . 716A2 , on August 10, 2015, and approved by State Superintendent Tony Evers on August 24, 2015 . 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 , 2016 WI 38 .

The State S uperintendent of Public I nstruction hereby proposes to repeal ss. PI 24.03 (1) (a) 2. and 3. and (b) and (c) , and PI 24.03 (3) (b) and (c) ; to consolidate, number and amend ss. PI 24.03 (1) and (a) 1. , and PI 24.03 (3) and (a) ; to amend ss. PI 24.015 (1) and (2) and (4) , PI 24.02 , PI 24.03 (2) , and PI 24.03 (Note); and to create PI 24.03 (2m); relating to changes to PI 24 as a result of 2011 Wisconsin Act 105 and 2015 Wisconsin Act 53 .

ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION

Statute interpreted: ss. 118.43 (6m) and 118.44 (6) (e) , Stats.

Statutory authority: ss. 118.43 (6m) and 118.44 (6) (e) , Stats.

Explanation of agency authority:

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, a rule is required to effectively implement and administer the payment of state aid under ss. 118.43 (6m) and 118.44 (6) (e) , Stats.

Related statute or rule: N/A

Plain language analysis:

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

Comparison with rules in adjacent states: N/A

Summary of factual data and analytical methodologies:

This proposed rule change will align PI 24 with the statutory changes made as a result of 2011 Wisconsin Act 105 , related to the Student Achievement Guarantee in Education program, and 2015 Wisconsin Act 53 with respect to the calculation and payment of state aid under the newly created Achievement Gap Reduction program. Any other changes to PI 24 that are needed to align these rules with current statutes will also be made.

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

[e-mail]

[phone]

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 [e-mail] . The Department will publish a hearing notice in the Administrative Register which will provide information on the deadline for the submission of comments.

__________________________________________________________________________________________________

  SECTION 1 . PI 24.015 (1) and (2) and (4) are amended to read:

(1) “Aid” or “appropriation” means funds available for the SAGE program and for school districts with Achievement Gap Reduction contracts under s. 20.255 (2) (cu) , Stats., minus the amount needed for the evaluation under s. ss . 118.43 (7) and 118.44 (7) , Stats.

(2) " Eligible school" means a school within a public school district whose board has entered into or renewed a contract under s. 118.43 (2) (g) or (3) ( ar ) 118.44 , Stats.

(4) “Low income” has the meaning defined under s. ss . 118.43 (1) (b) and 118.44 (1) (c) , Stats.

SECTIO N 2 . PI 24.02 is amended to read:

PI 24.02 Purpose. Under s. ss . 118.43 (6m) and 118.44 (6) (e) , Stats., the department is required to promulgate rules to implement and administer the payment of aid under this subchapter. The department shall calculate and pay aid to school districts on behalf of eligible schools an amount not to exceed $2,000 multiplied by the number of low-income pupils enrolled in the grades eligible for funding in each eligible school as provided in s s . 118.43 (6) (b) 10 and 118.44 (6) ( bm ) , Stats . This subchapter sets forth requirements for collecting data and paying aid under s. ss . 118.43 (6) and 118.44 (6) , Stats.

  SECTION 3 : PI 24.03 (1) and (a) 1. are consolidated, renumbered PI 24.03 (1) and amended to read:

(1) Aid calculation . (a) October calculation. 1 . PI 24.03(1)(a)1. The department shall calculate the amount of aid to be paid in each school year to the school district of each eligible school . The amount calculated shall be divided by the sum of low income pupils enrolled in a grade eligible for funding by multiplying the number of low-income pupils enrolled in grades kindergarten through grade 3 reported by each eligible school under sub. (3) ( a) to determine the amount of aid generated by each low income pupil. The amount generated by each low income pupil shall be multiplied by the sum of low income pupils enrolled in a grade eligible for funding in each eligible school of a school district to determine the amount of aid to be paid to the school district by $2,000 .

  SECTION 4. PI 24.03 (1) (a) 2. and 3. and (b) and (c) are repealed.

  SECTION 5. PI 24.03 (2) is amended to read:

(2) Payment of SAGE and Achievement Gap Reduction Aid. The department shall pay aid 3 times during the school year on the third Monday in November, the third Monday in February, and the second Monday in June upon the school district meeting the reporting requirements specified under the contract.

  SECTION 6. PI 24.03 ( 2m) is created to read:

(2m) Cease payments for contract withdrawal. Aid for schools that withdraw from a contract under s. 118.43 or 118.44 , Stats., at any point during the school year will be recalculated to reflect the portion of the school year that the eligible school was under a contract under s. 118.43 or 118.44 , Stats. The remaining aid shall be recalculated and disbursed to all eligible schools with contracts under s. 118.43 or 118.44 , Stats.

  SECTION 7. PI 24.03 (3) and (a) are consolidated, renumbered PI 24.03 (3) and amended to read:

(3) School District Requirements. To receive aid under this subchapter, an eligible school shall , meet the following requirements: (a) October report . By by the third Friday in October, each eligible school shall report to the department, on a form supplied by the department, the number o f low-income pupils enrolled in a grade s kindergarten to grade 3 eligible for funding in the eligible school on the third Friday in September.

  SECTION 8. PI 24.03 (3) (b) and (c) are repealed.

  SECTION 9. PI 24.03 (Note) is amended to read:

Note: SAGE ENT, the SAGE low income report form, and AGR ENT, the Achievement Gap Reduction low income report form, may be obtained at no charge from the Department of Public Instruction, P.O. Box 7841, Madison, WI 53707-7841 or online at https://apps5.dpi.wi.gov/formcoll/ .

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.