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

Revising PI 15 Relating to Revenue Limit Exemptions for Energy Efficiencies.  This rule change will modify PI 15 to reflect changes in the corresponding statutes as a result of 2011 Wisconsin Act 32 and 2013 Wisconsin Act 20.

Revising PI 35 Relating to the Milwaukee Parental Choice Program.  This rule needs to be updated to reflect statutory changes and changes in practice.

Creating PI 48 Relating to the Parental Choice Program for Eligible School Districts and Other School Districts.  A rule needs to be created to govern the implementation and administration of both programs.

Revising PI 40 and Creating PI 50 Relating to 2013-15 Budget Changes to Youth Options and Course Options.  This rule change needs to be made as a result of the Course Options structure that was created in the 2013-15 budget.

Revising PI 11 and 18 Relating to Changes As A Result of 2011 Wisconsin Act 105.  This proposed rule change will align chs. PI 11 and 18 with the statutory changes made as a result of 2011 Wisconsin Act 105.

Revising PI 13 Relating to Limited English Proficient Pupils.  This proposed rule change would modify PI 13 to reflect current statutes and current agency practice.

Revising PI 34 Relating to Changes as a Result of 2015 Wisconsin Act 55. This rule will make any necessary changes to PI 34 as a result of 2015 Wisconsin Act 55 with respect to the new license types provided under s. 115.28 (7) (a).

Revising PI 34 Relating to Technical Changes as a Result of 2011 Wisconsin Act 166. The proposed rule will make technical changes to PI 34 as a result to 2011 Wisconsin Act 166 with respect to reporting requirements under an alternative education program.

Revising PI 37 Relating to Changes as a Result of 2015 Wisconsin Act 55. This proposed technical change is needed to align PI 37 with the income eligibility changes in s. 115.42 (2) (c) as a result of 2015 Wisconsin Act 55.

Revising PI 8 Relating to Technical Changes as a Result of 2013 Wisconsin Act 257. This proposed rule change will align PI 8 with the statutory changes as a result of 2013 Wisconsin Act 257 with respect to number of school days and hours of instruction.

Revising PI 24 Relating to Changes as a Result of 2011 Wisconsin Act 105 and 2015 Wisconsin Act 53. This proposed rule change aligns PI 24 with the changes made as a result of 2011 Wisconsin Act 105 and 2015 Wisconsin Act 53 with respect to the calculation and payment of state aid under the Student Achievement Guarantee in Education (SAGE) program and the newly-created Achievement Gap Reduction (AGR) program.

Revising PI 36 Relating to Changes to Open Enrollment. This proposed technical change is needed to align PI 36 with the changes in Open Enrollment statutes as a result of 2015 Wisconsin Act 55 and clarify some provisions following the repeal and recreate of PI 36 in September 2014.


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

Revising PI 11 Relating to Intellectual Disability Terminology and Concepts.  This proposed rule change may adjust the terminology, definition, and eligibility, or a combination thereof, to align with language used in federal law and with the American Association on Intellectual and Developmental Disabilities' classification manual.

Revising PI 11 Relating to Identification of Children with Significant Developmental Delay.  20 USC 1401(3)(B) permits the identification of children with significant developmental delay through the age of nine rather than six.  This proposed rule change will consider changes to PI 11 based on that option.

  • DPI Rules Submitted to Rules Clearinghouse 

Revising PI 17 Relating to Changes as a Result of 2013 Wisconsin Act 257.  This proposed rule change will modify PI 17 as a result of the statutory changes made in 2013 Wisconsin Act 257.


After an emergency rule is published, a public hearing must be held.  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 unless the rule changes are technical changes.

  • DPI Public Hearing Notices (note: the rulemaking orders for these rules can be accessed under the previous section, DPI Rules Submitted to Rules Clearinghouse)

There are no future public hearings scheduled at this time.


Once a public hearing is held or if no public hearing is required, 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

Revising PI 26 Relating to Academic and Career Planning and Education for Employment Plans and Programs.  This proposed rule will update PI 26 to implement the new academic and career planning requirements and connect school districts' Education for Employment Plans and Programs to the new academic and career planning requirements. Permanent Rule and Legislative Report

Revising PI 37 Relating to 2013-15 Budget Changes to Grants for Master Educators and Nationally Board Certified Educators.  This proposed rule change is needed to align PI 37 with the statutory changes in the 2013-15 budget. Permanent Rule and Legislative Report


After legislative review, the final stage of the rulemaking process is filing 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

Creating PI 47 Relating to the Equivalency Process for Approving Alternative Models to Evaluate Educator Practice. Section 115.415 (3), Stats., requires DPI to establish an equivalency process for reviewing alternative models of evaluating educator practice. The effective date of this rule is December 1, 2013.

Repealing PI 29 Relating to Grants for Preschool Through Grade 5 Programs Rule. 2011 Wisconsin Act 32 eliminated the statutory authority for this program so PI 29 is no longer necessary. The effective date of this rule is May 1, 2014.

Repealing PI 31 Relating to Grants for STEM Programs Rule. 2011 Wisconsin Act 32 eliminated the statutory authority and funding for this program so PI 31 is no longer necessary. The effective date of this rule is May 1, 2014.

Repealing PI 33 Relating to Grants for Nursing Services Rule. 2011 Wisconsin Act 32 eliminated the statutory authority and funding for this program so PI 33 is no longer necessary. The effective date of this rule is May 1, 2014.

Revising PI 34 Relating to the Definition of Immoral Conduct. 2011 Wisconsin Act 84 expanded the definition of immoral conduct. This change will update the rule definition in PI 34 to align with statutes. The effective date of this rule is May 1, 2014.

Revising PI 21 Relating to Driver Education Programs. This rule change proposes to clarify the process for issuing certificates and the process for approving courses.  The effective date of this rule is June 1, 2014.

Revising PI 32 Relating to Grants for Alcohol and Other Drug Abuse Programs. This rule change proposes to align the rule with statutory changes and eliminate the provision discussing the AODA Council.  The effective date of this rule is June 1, 2014.

Revising PI 5 Relating to High School Equivalency Diplomas and Certificates of General Educational Development. This rule needs to be changed due to changes in the GED Test.  The effective date of this rule is July 1, 2014.

Revising PI 25 Relating to the Children At Risk Plan and Program. This rule needs to be changed as a result of a statutory change made in 2011 Wisconsin Act 32.  The effective date of this rule is August 1, 2014.

Repealing PI 42 Relating to the School Breakfast Program. 1999 Wisconsin Act 9 eliminated the grants awarded under the School Breakfast Program.  The effective date of this rule is August 1, 2014.

Revising PI 34 Relating to Charter School Teaching License. This rule change includes the proficiency criteria established by DPI that a person must meet in order to be granted a charter school teaching license. The Department is required to establish criteria by 2013 Wisconsin Act 20.  The effective date of this rule is September 1, 2014.

Revising PI 36 Relating to the Full-time Open Enrollment Program. This rule change modifies the full-time open enrollment portion of the rule to address the many statutory changes made over the years and to address issues that have arisen. The effective date of this rule is September 1, 2014.

Creating PI 80 Relating to Community Programs and Services (Fund 80). This permanent rule creates Chapter PI 80, as required by 2013 Wisconsin Act 306. Under 2013 Wisconsin Act 306, the department must define ineligible costs related to community programs and services. The effective date of this rule is May 1, 2015.

Revising PI 34 Relating to Technical Changes Needed As A Result of 2013-15 Budget.  This proposed rule change is needed to align PI 34 with the statutory changes in the 2013-15 budget. The effective date of this rule is August 1, 2015.

Revising PI 45 Relating to Changes as a result of 2013 Wisconsin Act 115.  This proposed rule change will align PI 45 with the statutory changes made as a result of 2013 Wisconsin Act 115. The effective date of this rule is September 1, 2015.

Revising PI 11 Relating to Intellectual Disability Terminology and Concepts.  This proposed rule change may adjust the terminology, definition, and eligibility, or a combination thereof, to align with language used in federal law and with the American Association on Intellectual and Developmental Disabilities' classification manual. The effective date of this rule is September 1, 2015.

Revising PI 11 Relating to Identification of Children with Significant Developmental Delay.  20 USC 1401(3)(B) permits the identification of children with significant developmental delay through the age of nine rather than six.  This proposed rule change will consider changes to PI 11 based on that option. The effective date of this rule is September 1, 2015.


 

For questions about this information, contact Carl Bryan (608) 267-9127