PROPOSED ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
REVISING PERMANENT RULES
The scope statement fo
r this rule, SS
042-16
, was
published in
Register No. 725B
, on May 31, 2016
, and approved by
State
Superintendent
Tony
Evers
, on June 14, 2016
.
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 Superintendent of Public I
nstruction hereby proposes
an order
to
repeal ss.
PI 30.02 (1)
and
(2)
and
subch
. II
, relating to
changes to High Cost Special Education Aid.
ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Statute interpreted:
s.
115.881
, Stats.
Explanation of agency authority:
Under s.
227.10 (1)
,
Stats.,
“Each agency shall promulgate as a rule each statement of general policy and each interpretation of a statute which it specifically adopts to govern its enforcement or administration of that statute.” As such, PI 30 is required to administer criteria and procedures for awarding special education aid under s.
115.881
, Stats.
Related statute or rule:
N/A
Plain language analysis:
The
proposed rule
modifies
PI 30 to refl
ect changes in the
statutes as a result of
2015 Wisconsin Act 55
relating
to
the High Cost Special Education program
and to update the rule to reflect changes in agency practice.
This includes deleting S
ubchapter II of the rule, which has been deemed unnecessary for administration of the program and does not conform to current agency p
ractice
.
This rule change will
thus defer to the newly modified eligibility criteria for aid under s.
115.811 (2)
,
Stats.,
thereby
conform
ing
DPI administrative code with changes to the statutes as a result of
2015 Wisconsin 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:
PI 30 was promulgated on June 1, 2007 and was last modified January 1, 2009.
2015 Wisconsin Act 55
altered the eligibility definition for High Cost Special Education Aid under s.
115.881
,
Stats.,
from 90 percent of student costs above $30,000 to 70 percent of student costs. PI 30 still includes the 90 percent amount.
Additionally, the rule refers to a form that is no longer used.
This rule change is needed to modify the existing rule so that the rule is reflective of current law and agency practice.
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
adminrules@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.
SECTION PI 30.02 (1) and (2) are repealed.
SECTION 2. Subchapter II of PI 30 is repealed.
SECTION
3
. 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.
