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.

DPI ADMINISTRATIVE CODE:

The DPI Administrative Code can be obtained by going to the Wisconsin State Legislature's website.  The Administrative Code contains all of the permanent rules currently in effect.

ADMINISTRATIVE RULES ACTIVITY:

The first step in the rulemaking process is preparation of a scope statement that sets forth information about the agency’s intended rulemaking, including the objective of the proposed rule, the statutory authority for the rule, and a description of all entities that may be affected by the rule. Scope statements must be prepared for both proposed permanent rules and emergency rules.

  • DPI Statement of Scopes

Educator Effectiveness Statement of Scope.  2011 Wisconsin Act 166 required the department to establish an equivalency process for reviewing alternative models of evaluating educator practice.

Once a statement of scope has been published in the Administrative Register and approved by the State Superintendent, the rule can be published (if it is an emergency rule) or sent to the Legislative Rules Clearinghouse (if it is a permanent rule) or both (if it is being promulgated as an emergency rule and permanent rule).  Most rules are promulgated as permanent rules.  However, if preservation of the public peace, health, safety, or welfare necessitates placing a rule into effect prior to the time it could take effect as a permanent rule, the agency may initially adopt the rule as an emergency rule.  Emergency rules are only effective for 150 days.

  • DPI Emergency Rules

Educator Effectiveness Rule. The Educator Effectiveness emergency rule is effective on March 8.  It expires on August 4.

  • DPI Rules Submitted to Rules Clearinghouse

Educator Effectiveness Rule.  The Educator Effectiveness permanent rule was submitted to the Legislative Council Rules Clearinghouse on March 19, 2013.

After an emergency rule is published, a public hearing must be held within 45 days.  After a permanent rule is submitted to the Rules Clearinghouse for review, DPI holds a public hearing before the rule is submitted to the Legislature.

  • DPI Public Hearings

Educator Effectiveness Notice of Public Hearing, Text of Proposed Rule, Economic Impact Analysis, and Fiscal Estimate.  The public hearing for the emergency Educator Effectiveness rule and the proposed permanent rule will take place on June 6th from 3:00-5:00 p.m. (see notice for additional details).  Comments on the rule will be accepted at the public hearing.  Additionally, comments can be sent directly to Katie Schumacher (Katie.Schumacher@dpi.wi.gov).  Commments must be received by June 17.

Once a public hearing is held, a permanent rule can be submitted to the Legislature.  Emergency rules are not required to be submitted to the Legislature.

  • DPI Rules Submitted to the Legislature

None currently.

If the Legislature does not object to the rule change, the final stage of the rulemaking process is publishing the rule.  The following rule changes have been reviewed by the Legislature and have recently become effective or will become effective soon.

  • Final, Permanent DPI Rules

None currently.

 

For questions about this information, contact Katie Schumacher (608) 267-9127