PROPOSED ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING
PERMANENT RULES
The scope statement fo
r this rule, SS
074-15
, was
published in
Register No. 716A3
on
August 17, 2015
, and approved by
State
Superintendent
Tony
Evers
on
September 8, 2015.
Pursuant to
Coyne v. Walker
, the Department of Public Instruction is not required to obtain the Governor’s approval for this rule.
Coyne v. Walker
,
2016 WI 38
.
The
State Superintendent of Public I
nstr
uc
tion hereby proposes to repeal
s.
PI 36.02 (5)
and
(6)
,
PI 36.02 (33)
and
(37)
,
PI
36.06 (4) (b) 3.
and
4.
,
PI 36.06 (4) (c) 4.
and
PI 36.06 (4) (c) 4.
(Note)
, PI 36.07 (2) (d),
PI 36.08
(2) (d), PI 36.08 (3) (a) 2., PI 36.10 (1) and (4), and PI 36.12 (1) (b) and (2) (a); to renumber
and amend
s.
PI 3
6.08 (3) (a) 1.
; to amend
s.
PI 36.02
(14)
,
PI 36.06 (4) (b) 2.
and
(c)
,
PI 36.
07 (2) (c)
and
(3) (b)
,
PI 36.08 (2) (c) 1.
and
2.
and
(3) (b)
,
PI 36.10 (2) (a) 1.
and
2.
, and
PI 36.12 (2) (b)
; and to create
s.
PI
36.02 (20m)
and
PI 36.08 (3) (c)
;
relating to
changes to Open Enrollment
.
The rules are being adopted under s.
227.16 (2) (b)
, Stats., which provides that rulemaking does not need to be preceded by notice and public hearing if the proposed rule brings an existing rule into conformity with a statute that has been changed.
__________________________________________________________________________________________________
ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Statute interpreted:
118.51, Stats.
Statutory authority:
118.51 and 227.11 (2) (a) (intro.), 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 s.
118.51
, stats.
Related statute or rule:
None.
Plain language analysis:
This proposed rule will align PI 36 with current statute, which was modified by
2015 Wisconsin Act 55
.
2015 Wisconsin Act 55
modified the public school open enrollment program as it relates to pupils with disabilities beginning in the 2016-17 school year. Specifically, Act 55 made the following changes:
•
Deleted
the authority of a resident school district to deny an open enrollment application on the basis of undue financial burden.
•
Established
a new per pupil aid transfer amount for pupils with disabilities of $12,000. Similar to the current open enrollment transfer amount for regular education pupils, the $12,000 is to be transferred from the resident district to the nonresident district for each open-enrolled special education pupil.
•
Indexed
the new $12,000 transfer amount annually similar to the transfer amount for regular education pupils. The indexing amount is based on the revenue limit per pupil adjustment and the change in categorical aid funding per pupil in a given year.
•
Deleted
the requirement that the resident district pay tuition to the nonresident district for a special education pupil attending under open enrollment.
•
Deleted the requirement that a nonresident district provide an estimate to the resident district of the costs to provide the special education services required in the individualized education program (IEP) for a pupil with disabilities who applies for open enrollment.
The proposed rule will align DPI Administrative Code and practice with these provisions contained in Act 55.
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:
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
(608) 267-9127
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
Carl.Bryan@dpi.wi.gov
. 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 36.02 (5) and (6) are repealed.
SECTION 2. PI 36.02 (14) is
amended to read:
(14)
“Guaranteed approval” means that a pupil is included by the nonresident school district in its count of occupied spaces and is therefore guaranteed
approval
to attend the nonresident school district.
SECTION 3
. PI 36.02 (20m) is created to read:
(20m)
“Open enrollment payment” means the amount calculated under s.
118.51 (16) (a)
or
(17) (b)
, Stats.
SECTION 4
. PI 36.02 (33) and (37) are repealed.
SECTION 5
.
PI 36.06 (4) (b) 2.
is
amended to read:
2.
Except as provided in
subd
. 3.,
if
If
the resident school board has not notified the parent that an alternative application is denied
on or before the 20th calendar day
after the application was sub
mitted, the application shall be c
onsidered approved by the resi
dent school board.
SECTION 6
. PI 36.06 (4) (b) 3.
and
4.
are
repealed.
SECTION 7
. PI 36.06 (4) (c) is amended to read:
(c)
If an application is denied by a nonresident or resident school board, or a parent is notified that a pupil is required to return to the resident school district under s.
118.51 (11
)
or
(12)
(a)
or
(b) 2.
, Stats., the notice of denial shall include the following:
SECTION 8
. PI 36.06
(4)
(c) 4.
and
PI 36.06
(4) (c) 4. (Note) are
repealed.
SECTION 9
. PI 36.07 (2) (c) is amended to read:
(c)
Notwithstanding par. (b), if the parent intends to file an appeal of the resident school board’s denial under s.
118.51 (3m)
(b)
8.
or
(d)
1.
, Stats., the pupil may attend the nonresident school district pending the outcome of the appeal. If the parent fails to file a timely appeal or if the department affirms the resident school board’s decision, the pupil shall cease attending the nonresident school district.
SECTION 10
. PI 36.07 (2) (d) is repealed.
SECTION 11
. PI 36.07 (3) (b) is amended to read:
SECTION 12
. PI 36.08 (2) (c) 1.
and
2.
are
amended to read:
1.
If the pupil was attending the nonresident school district under open enrollment on the 3rd Friday in September, the school district in which the pupil resided on the 3rd Friday in September in any school year shall be the resident school district for purposes of the full−time open enrollment program and shall be responsible for the
basic and special education
costs
open
enrollment payment
for the pupil for the remainder of that school year.
2.
If the pupil first attended a nonresident school after the 3rd Friday in September, the school district in which the pupil resided when the pupil began attending the nonresident school district shall be the resident school district for purposes of
the full−time open enrollment program and shall be responsible for the
basic and special education
costs
open
enrollment payment
for the pupil for the remainder of that school year.
SECTION 13
. PI 36.08 (2) (d) is repealed.
SECTION 14
. PI 36.08 (3) (a) 1.
is
renumbered PI 36.08 (3) (a) and is
amended to read:
(a)
The
basic
open enrollment payment applies to each pupil who attends a nonresident school district under the full-time open enrollment program.
SECTION 15
. PI 36.08 (3) (a) 2.
is
repealed.
SECTION 16
. PI 36.08 (3) (b) is amended to read:
(b
)
If
the
pupil
attended
the
nonresident
school
district
for
less than a full school year under the full−time open enrollment program, the amount under s.
118.51 (16)
(b
)
or
(17)
, Stats., shall be equal to the
basic
open enrollment payment divided by 180 and
multi
plied
by
the
number
of
days
the
pupil
was
enrolled
in
the
nonresident
school
district
in
the
school
year.
The
days
of
enrollment
are
calculated as
follows:
SECTION 17
. PI 36.08 (3) (c) is created to read:
(c)
If, during the school term, the
pupil’s IEP team
determines that a pupil no longer requires special education services, the nonresident district shall notify the resident district. The open enrollment payment for the pupil shall be calculated as the sum of the following:
1.
The amount under s.
118.51 (17)
, Stats., divided by 180 and multiplied by the number of day
s
the pupil was receiving special education services in the nonresident district.
2. The amount under s.
118.51 (16)
, Stats., divided by 180 and multiplied by the number of days the pupil was not receiving special education services in the nonresident district.
SECTION 18
. PI 36.10 (1) is repealed.
SECTION 19
. PI 36.10 (2
) (a) 1.
and
2.
are
amended to read:
1. If an application is submitted by a child with a disability who does not have a current IEP, the nonresident school board shall use the following records to determine whether it has the special education program or space
and to estimate the amount of the basic and special education cost for the pupil
:
2.
If neither an IEP nor an evaluation is available to review, the nonresident school board shall treat the application as an application from a child who is not disabled.
If the pupil subsequently attends school in the nonresident school district under the full-time open enrollment program and the nonresident school board evaluates the pupil and develops an IEP for the pupil, the nonresident school board shall provide the resident school board with an estimate of the basic and special education cost as provided under sub. (1).
SECTION 2
0
. PI 36.10 (4) is repealed.
SECTION 21
. PI 36.12 (1) (b)
and (2) (a) are repealed.
SECTION 22
. PI 36.12 (2) (b) is amended to read:
(b)
Except as specified in
pars. (a)
and
par
.
(c), the nonresident school board may not provide any pupil records to the resident school board, including but not limited to the following:
SECTION
23
. 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.
