PROPOSED ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING
PERMANENT RULES
The scope statement fo
r this rule, SS
131-15
, was
published in
Register No.
719B
on
November 30, 2015
, and approved by
State
Superintendent
Tony
Evers
on December 14, 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
,
201
6 WI 38
.
The State Superintendent of Public Instruction hereby proposes an order to repeal PI 36
subch
. V, relating to
eliminating
part time 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:
None.
Statutory authority:
None.
Explanation of agency authority:
The objective of the proposed rule is a technical change to repeal sections of
PI
36 that are obsolete due to the enactment of
2013 Wisconsin Act 20
with respect to the part time open enrollment program.
Related statute or rule:
N/A
Plain language analysis:
2013 Wisconsin Act 20
eliminated the part time open enrollment program from statutes under s.
118.52
,
Stats.,
in lieu of the newly-
created Course Options program. Since there is no longer any statutory authority for implementing this program, the rules are no longer necessary.
Thus, this rule change will repeal
the part time open enrollment program
in
subch
.
V of
ch.
PI 36
.
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:
Because
2013 Wisconsin Act 20
eliminated the part time open enrollment program from statutes
, there is no explicit statutory authority for implementing this rule; therefore, this subchapter of PI 36 is being eliminated from the DPI Administrative Code
.
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:
As provided in s.
227.16 (2) (b)
, Stats., there is no requirement that a public hearing be held for this rule because the proposed rule brings an existing rule into conformity with a statute that has been changed.
__________________________________________________________________________________________________
SECTION 1.
Subchapter V of PI 36 is repealed.
SECTION
2
. 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.)
, Sta
ts.
