CR_16-057 Changes to summer and interim session classes

PROPOSED ORDER OF THE

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION

REVISING PERMANENT RULES

The scope statement fo r this rule, SS 041-16 , 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 s. PI 17.03 (3) ; to amend s. PI 17.02 (1d) , 17.03 (1) and (4) (Note) and (5) (Note), and 17.04 (1m); and to create s. PI 17.04 (1m) ; relating to changes to summer and interim session classes .

ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION

Statute interpreted: s. 121.14 (1) (a) , Stats.

Statutory authority: s. 121.14 (1) (a) 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 to school districts for summer and interim session classes under s. 121.14 , Stats.

In addition, the Department is given specific rulemaking authority to establish criteria for summer and interim session classes under s. 121.14 (1) (a) , Stats., which reads as follows:

121.14 State aid for summer classes and interim session classes. (1) ( a ) State aid shall be paid to each district or county children with disabilities education board for all of the following:

1. Subject to par. (b), those academic summer classes or laboratory periods that are for necessary academic purposes, as defined by the state superintendent by rule.

2. Subject to par. (b), for a school district or county children with disabilities education board that provides year-round school, those interim session classes or laboratory periods that are for necessary academic purposes, as defined by the state superintendent by rule.

Related statute or rule: N/A

Plain language analysis:

The proposed rule modifies existing policies and practices which include the following:

• Alignment of existing summer and interim session courses with the regular academic curriculum

• Membership calculations related to courses funded partially or solely with grant funds

• Allows open enrolled students attending a summer or interim course to be included in the membership count for aid and revenue limit purposes

• Removal of duplicative and unnecessarily restrictive language relating to the operation of summer school in cooperation or through an agreement with another entity

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:

The proposed rule modifies existing policies and practices around items such as membership calculations, eligible fund sources and credit requirements.

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.

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SECTION 1. PI 17.02 (1d) is amended to read:

(1d) "Academic purposes" means summer or interim session learning experiences that are related or similar to instruction that is offered during the rest of the school year or for which credit toward graduation is given and which is taught by a department-licensed teacher .

SECTION 2. PI 17.03 (1) is amended to read:

(1) Under s. 121.14 , Stats., a school district or county children with disabilities education board may count pupils for aid membership for those academic summer classes or laboratory periods that are necessary for academic purposes, as specified under this chapter. Under s. 121.14 , Stats., a school district or county children with disabilities education board that provides year-round school may count pupils for aid membership for those interim session classes or laboratory periods that are necessary for academic purposes. A school district may operate a summer or interim session program in cooperation with a CESA or another school district under an agreement as provided in s. 66.0301 , Stats.

 

SECTION 3. PI 17.03 (3) is repealed.

SECTION 4 . PI 1 7.03 (4) (Note) is amended to read:

PI 17.03 Note Note: Form PI-1804 , Summer School Membership Report , may be obtained at no charge from the Department of Public Instruction, P.O. Box 7841, Madison, WI 53707-7841 and at http://dpi.wi.gov/sfs/children/summer-school .

SECTION 5 . PI 1 7.03 (5 ) (Note) is amended to read:

PI 17.03 Note Note: Form PI-1804w , Summer School Membership Worksheet, may be obtained at no charge from the Department of Public Instruction, P.O. Box 7841, Madison, WI 53707-7841 and at http://dpi.wi.gov/sfs/children/summer-school .

SECTION 6 . PI 17.04 (1m) is created to read:

(1m) Resident students and students attending under s. 118.51 , Stats., other than students for which the school district receives tuition under ss. 121.78 - 121.82 , Stats., shall be included in the summer average daily membership equivalent for attendance in summer or interim session classes, regardless of fund source.

SECTION 7. PI 17.04 (3) is amended to read:

(3) If an audit is required under s. 115.28 (18) , Stats., the audit shall include an examination of summer school and interim membership under this chapter.

SECTION 8 . 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) (int ro.) , Stats.