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ADMINISTRATIVE RULES
WHAT IS A RULE?
A rule has the effect of law and is issued by an agency (DPI) to implement, interpret or make specific legislation administered by the agency.
CURRENT RULES:
Current DPI administrative rules can be obtained by going to the Wisconsin State Legislature's website. To view or print these administrative codes, users must have Adobe Acrobat reader version
3.01 or higher. Your system should prompt and assist you in downloading
the netscape plug-in for the Adobe Acrobat Reader.
PROPOSED RULE MODIFICATIONS:
Phase 1 of the rule development process- The following rule modifications have been proposed and/or submitted to the Legislative Rules Clearinghouse for review:
Waiver of School Hours. 2009 Wisconsin Act 42 allows exemptions for school boards in meeting the 180 school day requirement by: 1) allowing a school district administrator to close a school due to a threat to the health or safety of pupils or school personnel, but not including inclement weather, unless the school board determines otherwise and 2) allowing the department of health services (in addition to a local health officer) to close a school. The Act also requires the department to promulgate rules establishing criteria for waiving the number of hours required of direct pupil instruction specified under s. 121.02 (1) (f) 2., Stats., if a school is closed for either reason stated above.
As required in the Act, the proposed rules will establish criteria for waiving the requirement to schedule at least the number of hours of direct pupil instruction specified under s. 121.02 (1) (f) 2., Stats., to address either of the above scenarios. - Tribal Language Revitalization Grant. 2009 Wisconsin Act 28 created a new grant program relating to tribal language revitalization. Beginning in the 2009-10 school year, the Act appropriated $247,500 annually from Indian gaming money. Further, the Act requires the department to promulgate rules to administer the grant program to support innovative, effective instruction in one or more American Indian languages. A school board or cooperative educational service agency (CESA) may apply to the department for a grant. Rules will need to be developed as soon as possible so awards can be made for the upcoming school year.
- Charter School Instructional Staff Licenses and Permits. The department proposes modifying s. PI 34.34 (1) and (2), relating to charter school instructional staff licenses and permits and s. PI 8.01 (2), relating to charter school licensure under the school district standards. These modifications are primarily related to the highly-qualified teacher (HQT) provisions of the No Child Left Behind Act (NCLB). Most pertinent, Wisonsin's existing procedure for granting a charter school instructional staff license focuses solely on whether an applicant holds any kind of teaching license and does not address subject-matter expertise. As a result, it is quite possible that holders of Wisconsin's current charter school instructional staff licenses are not "highly qualified" under NCLB. In addition, school districts apply for charter school instructional staff licenses on behalf of individuals. As a result, it is possible that these licenses may be acquired for an individual without the individual's knowledge.
Phase 2 of the rule development process- The following rule modifications have been scheduled for DPI public hearings:
- Milwaukee Parental Choice Program (MPCP) Temporary, Nonrenewable Teacher License Waiver. 2009 Wisconsin Act 28 requires the department to develop a rule setting forth the process to issue a temporary, nonrenewable waiver for eligible teachers who have been teaching in a participating private school for at least 5 consecutive years immediately preceding July 1, 2010, but do not have a bachelor's degree. See rule, fiscal note, waiver form application, and DPI hearing notice.
- Milwaukee Parental Choice Program (MPCP) Fees. 2009 Wisconsin Act 28 made several modifications to the MPCP under s. 119.23, Stats. One of those modifications requires the department to develop a rule to establish a fee to cover the cost of employing one full-time DPI auditor for the program (each private school participating in the program in the 2009-10 school year must pay the fee no later than 30 days after the effective date of the rule). The Act requires emergency rules to be promulgated by September 1, 2009. See rule, fiscal note, and DPI hearing notice.
- Special Education. Modify specific learning disabilities (SLD) and significant development delay (SDD) criteria under s. 11.36 (6) and (11). The SLD rule will be modified to align with U.S. Code and will allow a four-year period for school districts to fully transition to the new evaluation procedures. The SDD rule will permit the identification of children through the age of nine as permitted under U.S. code, rather than age 6. See rule, fiscal note, and DPI hearing notice.
Phase 3 of the rule development process- The following rule modifications have been submitted to the Legislature where public hearings may be scheduled:
- Revenue Limits for Energy Efficiency. 2009 Wisconsin Act 28 allows a school board to increase its revenue limit in any school year by the amount spent by the school district in that school year on energy efficiency measures and renewable energy products that result in the avoidance of, or reduction in, energy costs. The Act requires the department to promulgate rules to administer this provision, including eligibility standards for school districts. Rules will need to be developed as soon as possible as November 6 (school district tax levy due date) is the deadline for determining revenue limits for the 2009-10 school year. See rule, fiscal note, DPI hearing notice, and final report.
Final phase of the development process The following
rule modifications have been reviewed by the legislature and will become
effective soon:
- Precollege Scholarships. Rules relating to the Minority Group Pupil Precollege Scholarship program are being modified to change the eligibility criteria from being a minority pupil to being an economically disadvantaged pupil to be consistent with statutory changes made to the program under ss. 115.28 (23) and 115.43, Stats. See rule, fiscal note, and DPI hearing notice.
EMERGENCY RULES:
Emergency rules are effective for 150 days upon publication in the Wisconsin State Journal. Emergency rules are generally used because there is not enough time to get permanent rules in place and may only be used if there is a threat to the public safety, health or welfare. The following emergency rules have been promulgated:
For questions about this information, contact Loretta L. Slauson (608) 267-9127
Last updated on 11/19/2009 3:19:23 PM
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