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:

• 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.
• 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:

• 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:

• Grants for National Teacher Certification and Master Educator Licensure. See rule, fiscal note, and DPI hearing notice.

Final phase of the development process The following rule modifications have been reviewed by the legislature and will become effective soon:

• State Special Education Aid for Certain Pupil Services Personnel. See rule, fiscal note, and DPI hearing notice.
• Four-Year-Old Kindergarten Grants. 2007 Wisconsin Act 20, the biennial budget bill, created s. 115.445, Stats., relating to 4-year-old kindergarten (4K) grants. Beginning in the 2008-09 school year, the Act appropriated $3 million and allows school boards to apply to the department for a 2-year grant to implement a 4K program. In the first school year of the grant, the school board may receive up to $3,000 for each 4K pupil; in the succeeding school year, $1,500 for 4K pupil. If funds are insufficient, the department may prorate the payments. The department is required to promulgate rules for the program and particularly to define "community approaches to early education" as school boards that use this approach must receive preference in receiving funds. The proposed rules establishes criteria and procedures for awarding grants to eligible school districts. 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:

• Four-Year-Old Kindergarten Grants rule and fiscal note.
• Grants for National Teacher Certification and Master Educator Licensure. See rule and fiscal note.
• State Special Education Aid for Certain Pupil Services Personnel. See rule and fiscal note.

For questions about this information, contact Loretta L. Slauson (608) 267-9127

Last updated on 11/19/2008 10:58:17 AM