ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING
PERMANENT RULES
The scope statement fo
r this rule,
SS
0
67-15
, was published in
Register No. 716A2
on August 10, 2015 and approved by State Superintendent
Tony
Evers on
August 24, 2015
, and modifies
SS
115
-13
,
which
was
published in
Register No. 693
, on September
14
, 2013
, and approved by
State
Superintendent
Tony
Evers
on September 24
,
2013
.
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
uperintend
ent of Public I
nstr
uction hereby proposes
an
order
to
amend PI
11.24
(1)
, PI 18.04 (1) (c), and PI 18.05 (1) (a) and (b)
;
and
to
repeal
and recreate
PI 18.03
;
relating to
changes needed as a result of
2011 Wisconsin Act 105
.
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
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, PI 11 is required to effectively implement and provide transparency to the programs involving children with disabilities under Subchapter
V of
ch.
115
, Stats.
PI 18 has statutory authority under s.
118.33
(2)
, Stats.
118.33
High school graduation standards; criteria for promotion.
(2
)
The state superintendent shall:
(c)
Establish course requirements under
sub. (1) (
a
) and approve any school board's high school graduation standards policy that is equivalent to the requirements under sub. (1).
(m)
Adopt policies to accommodate pupils with exceptional educational interests, needs or requirements, not limited to children with disabilities, as defined under s.
115.76 (5)
.
…
(4)
(a)
The state superintendent shall establish procedures for school boards to certify to the state superintendent whether they are in compliance with the requirements under sub. (1)
and
the rules promulgated under sub. (2).
(b)
The state superintendent may periodically review school district high school graduation standards and shall notify any school board not in compliance with the requirements under sub. (1)
or
the rules promulgated under sub. (2),
identifying the changes necessary.
Related statute or rule:
None
.
Plain language analysis:
2011
Wisconsin Act 105
makes various ch
anges for school districts to include changes to both
special education
services
and
high school
graduation requirements. Among these changes, the Act
expands the number of services for which a school board may contract with
private or public agencies for
the purpose of serving children with disabilities
, thereby repealing the previous law limitation
to only
special physical or occupational therapy
services for children with disabilities.
Additionally,
the Act permits a school board to allow a pupils who participates in sports or in another organized physical
activ
ity to complete an additional 0.5 credit in English, social studies, mathematics, science or health education in lieu of 0.5 credit of physical education. As a result, t
his proposed rule cha
nge will align PI 11 and 18
with the statutory changes made as a result of
2011 Wisconsin Act 105
.
By repealing the limitation on
the state superintendent’s authority to approve only
special physical or occupational therapy services for children with disabilities from the rule, as well as
repealing and recreating
high school
credit requirements in lieu of
changes to the underlying statutes, this technical change will align PI rule chapters with statutes.
Summary of, and comparison with, existing or proposed federal regulations:
N/A.
Comparison with rules in adjacent states:
Some
adjacent states have adopted similar rules
and statutes
relating to waiving the physical education requirement for graduation in lieu of varying exceptions. They are as follows:
•
Illinois
School
Code authorizes a school board to excuse pupils enrolled in grades 11 and 12 from engaging in physical education courses if those pupils are engaged in an ongoing interscholastic athletic program.
•
Iowa
Administrative Code
excuses a twelfth-grade pupil from its physical education requirements if the pupil is engaged in a supervised athletic program which requires as least as much time of participation per week as a physical education course.
•
Michigan
School Code requires either at least one credit in a subject that includes both health and physical education, or at least one half credit in both health and approved participation in extracurricular athletics or other extracurricular activities involving physi
cal activity.
•
Minnesota
Statutes
appears to be silent on physical education standards with respect to graduation requirements and requires each school district to establish their own requirements for health and physical education, based on standards developed by the National Association for Sport and Physical Education.
Summary of factual data and analytical methodologies:
N/A.
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 busine
ss:
The proposed
rules will have no
economic impact on small businesses,
as defined in s.
227.114 (1)
, 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. PI 11.24
(1) is amended to read:
(1)
Legislative intent.
Subchapter
V
of
ch.
115
, Stats., gives an LEA the authority to establish physical therapy and occupational therapy services.
The authority contained in s.
115.88
, Stats., is limited to approving special physical or occupational therapy services for children with disabilities.
SECTION 2.
PI 18.03 is repealed and recreated to read:
PI 18.03
High school graduation standards.
(1)
The
English credits required under s.
118.33
(1)
(a)
, Stats., shall incorporate instruction
that reflects the integrated nature of the English language arts, including
written communication, oral communication, grammar and usage of the English language, and literature.
(2)
The
social studies credits required under s.
118.33
(1)
(a)
, Stats., shall incorporate instruction
that reflects the integrated nature of so
cial studies, including civics,
state and local government
, economics, geogr
aphy, history, and the behavioral sciences.
(3)
The mathematics credits required under s.
118.33
(1)
(a)
, Stats., shall incorporate instruction in the
mathematical practices and processes associated with algebra, functions, geometry, number and quantity, probabilit
y and statistics, and modeling.
(4)
The science credits
required
under s.
118.33
(1)
(a)
, Stats., shall incorporate instruction in
both scientific content and practice.
(5)
The physical education credits
required
under s.
118.33
(1)
(a)
, Stats., shall incorporate instruction
on a variety of motor skills and movement patterns, concept knowledge, health-related fitness, responsible personal and social behavior, and the value of physical activity.
(6)
The
health credits required under s.
118.33
(1)
(a)
, Stats., shall incorporate
instruction
on core concepts and skill practice related to analyzing influences, accessing information, interpersonal communication, decision making, goal setting,
self-management, and advocacy.
SECTION 3. PI 18.04 (1) (c) is amended to read:
(c)
State how the education program will address each of the requirements in s.
118.33
, Stats., and s.
PI 18.03
(1)
.
SECTION 4. PI 18.05 (1) (a) is amended to read:
(a)
The courses the board has approved as meeting the course requirements outlined in s.
PI 18.03
(1)
including the course descriptions.
SECTION 5. PI 18.05 (1) (b) is amended to read:
(b)
The number of clock hours of instruction required to earn one credit in the courses the board has approved as meeting the course requirements outlined in s.
PI 18.03
(1)
.
S
ECTION 6
.
EFFECTIVE DATE:
T
he 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.
