Section 1.01. Purpose and applicability.

 

(1)   Purpose. The purpose of this chapter is to provide the state superintendent with a system for dealing with complaints and appeals received by the department; to promote coordination with other appropriate units of government and agencies regarding complaints and appeals; and to promote the voluntary resolution of problems at the level closest to their source.

(2)   Applicability. This chapter applies to all complaints received by the department, and to all appeals authorized by statute which are filed with the department, except that this chapter does not apply to appeals or complaints subject to other, more specific, statutes or rules, including, but not limited to, the following:

(a) Appeals relating to the identification, evaluation, educational placement, or the provision of a free appropriate public education of a child who has an exceptional educational need, which shall be resolved under 20 USC 1415 of the Education of the Handicapped Act and subch. V of ch. 115 , Stats.

(b) Appeals of a departmental decision that a teacher education program is not in compliance with ch. PI 34 , which shall be resolved through the procedures under s. PI 34.07 .

(c) Complaints that the state or a subgrantee is violating subch. II of the Education of the Handicapped Act, 20 USC 1411-1418 and 1420 , which shall be resolved through the procedures under the Education Department General Administrative Regulations at 34 CFR Parts 76 and 77 , commonly referred to as EDGAR.

(d) Complaints, hearings and appeals related to license revocation and reinstatement under s. 118.19 (5) , Stats., and s. PI 34.35 , which shall be resolved through the procedures specified in s. PI 34.35 .

(e) School district boundary appeal board hearings, which shall be conducted under s. 117.03 , Stats.

(f) Appeals relating to the granting of high school credit and number of high school credits to be awarded to a pupil participating in the postsecondary enrollment options program under ch. PI 40 , which shall be resolved through the procedures under s. PI 40.08 .