Notice of Hearings
Public Instruction
Notice is hereby given that pursuant to s. 227.11(2)(a), Stats., and interpreting s. 115.76(3), Stats., the department of public instruction will hold public hearings as follows to consider emergency and proposed permanent rules, relating to the handicapping condition of significant developmental delay. Emergency rules were promulgated by the department effective July 31, 1996.
Hearing Information
September 9, 1996 Wausau
4:00-6:00 p.m. North Central Technical College
1000 Campus Drive
Room 451
September 10, 1996 Madison
4:00-6:00 p.m. GEF 3 Building
125 South Webster Street
Room 041
The hearing sites are fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Jenny Lange, Consultant, Early Childhood: Exceptional Educational Needs Programs, at (608) 267-9172 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
A copy of the proposed rule and the fiscal estimate may be obtained by writing to:
Lori Slauson
Administrative Rules & Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above address no later than September 16, 1996, will be given the same consideration as testimony presented at the hearing.
Analysis by the Department of Public Instruction
1995 Wisconsin Act 298 added the handicapping condition of “significant developmental delay” to the list of categories under s. 115.76(3), Stats. The emergency and proposed permanent rules specify criteria to be used in identifying children under the handicapping condition of significant developmental delay.
The proposed permanent rules also modify ch. PI 11 due to provisions included in
Clearinghouse Rule 94-59. Effective May 1, 1995,
Clearinghouse Rule 94-59 added the handicapping conditions of “autism”, “traumatic brain injury”, and “other health impairment” to the list of handicapping conditions criteria under s. PI 11.35. Also, the term “orthopedic impairment” was substituted for the term “physical handicapped.” When making these additions/modifications to the handicapping conditions eligibility criteria, the definition of handicapping condition under s. PI 11.02(23) was overlooked.
The proposed rules have been modified to correlate the definitions of handicapping conditions under s. PI 11.02(23) with the handicapping conditions eligibility criteria created under
Clearinghouse Rule 94-59.
Fiscal Estimate
The rules specify that use of the criteria for significant developmental delay could only occur after consideration had been given to identifying a child's disability under criteria for the other specified handicapping conditions, and that a delay would need to be present in two or more areas of development and not just one area. These delays must be at least one and one-half standard deviations below the mean using standardized assessment instruments. Further, the department will provide training on a statewide basis to special education teachers, psychologists, directors of special education and others involved in the evaluation of young children to ensure understanding of the intent of this category as well as consistency in interpretation of the eligibility criteria.
Because of the restrictive eligibility criteria in addition to the staff training provisions in the rule, it is not anticipated there would be an increase in the number of children identified with exceptional educational needs as a result of the addition of this new category of significant developmental delay.
Administrative costs associated with providing inservice training for early childhood special education teachers, directors and pupil services personnel in identifying children with significant developmental delays will be absorbed by the agency.
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114(1)(a), Stats.
Notice of Hearings
Public Instruction
Notice is hereby given that pursuant to s. 227.11(2)(a), Stats., and interpreting s. 115.81, Stats., the department of public instruction will hold public hearings as follows to consider emergency and proposed permanent rules, relating to the method of resolving disputes concerning children with exceptional educational needs between school boards and the parents of those children. Emergency rules were promulgated by the department effective June 25, 1996.
Hearing Information
September 9, 1996 Wausau
4:00-6:00 p.m. North Central Technical College
1000 Campus Drive
Room 451
September 10, 1996 Madison
4:00-6:00 p.m. GEF 3 Building
125 South Webster Street
Room 041
The hearing sites are fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Elliot Weiman, Consultant, Exceptional Education Team, at (608) 266-3648 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
A copy of the proposed rule and the fiscal estimate may be obtained by writing to:
Lori Slauson,
Administrative Rules & Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above address no later than September 16, 1996, will be given the same consideration as testimony presented at the hearing.
Analysis by the Department of Public Instruction
1996 Wis. Act 431 eliminates the two-tier system for resolving disputes concerning a child with exceptional educational needs who is enrolled in the school district and the parents of the child. The Act eliminates the initial hearing conducted by a hearing officer appointed by a school board. Instead, the Act provides that the school board or the parent of the child may initiate the process by filing a written request for a hearing with the department. The department must appoint a hearing officer who is not employed by or under contract with a school board (or otherwise employed by the department) to conduct the hearing. The school board must pay the cost of the hearing. Either party may appeal the decision of the hearing officer to circuit court or federal district court.
The proposed rules have been modified to conform to statutory language amended as a result of the Act.
Fiscal Estimate
Local Fiscal Effect: Elimination of the second tier appeal prior to appeal to circuit court will result in savings to school districts which have first-tier decisions appealed. Although only a few second tier appeals are made each year (usually less than 6), the costs to the school districts involved can be significant. Making the initial appeal directly to the department is also expected to save time in resolving the appeal, which would result in savings to school districts in staff time and attorney fees. The provision requiring the school board to pay the costs of the hearing officer does not result in increased cost to school boards since they are already required to pay first-tier hearing officer costs under current law.
State Fiscal Effect: There may be some additional work to the department to receive requests for hearings and appointing a hearing officer. Any additional work will be accomplished with existing resources, however, due to staff reductions, any additional work may result in delay or reduction of other department activities.
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114(1)(a), Stats.
Notice of Proposed Rule
Revenue
Notice is hereby given that pursuant to s. 227.11(2)(a), Stats., and interpreting ss.77.51(14), 77.52(14), 77.53(11), 77.54(20) and 77.56(3), Stats., and according to the procedure set forth in s. 227.16(2)(e), Stats., the Department of Revenue will adopt the following rules as proposed in this notice without public hearing unless, within 30 days after publication of this notice on August 15, 1996, it is petitioned for a public hearing by 25 natural persons who will be affected by the rule, a municipality which will be affected by the rule, or an association which is representative of a farm, labor, business or professional group which will be affected by the rule:
Contact Person
Please contact Mark Wipperfurth at (608) 266-8253, if you have any questions regarding this proposed rule order.
Analysis by the Department of Revenue
Statutory authority: s. 227.11(2)(a)
Statutes interpreted: ss. 77.51(14), 77.52(14), 77.53(11),
77.54(20) and 77.56(3)
SECTION 1. Tax 11.28(title), relating to gifts and other advertising specialties given away, is amended to more generally reflect the content of the rule.
Tax 11.28(1)(a), relating to definitions of “sale” and related terms, is amended to conform punctuation to Legislative Council Rules Clearinghouse standards.
Tax 11.28(2)(title), relating to gifts and sales incentive plans, is amended to more clearly reflect the text of the subsection.
SECTIONS 2, 3 AND 4. Tax 11.28(2)(intro.), relating to gifts, is renumbered Tax 11.28(2)(a) and a title is created, to conform to Legislative Council Rules Clearinghouse standards. Similarly, Tax 11.28(2)(a) through (e) are renumbered Tax 11.28(b) through (f).
Tax 11.28(2)(b), as renumbered, relating to the purchase of grand opening gifts, is amended to reflect:
a. The department's current position with respect to determining whether a retailer has accepted an exemption certificate in “good faith.”
b. Section 77.56(3), Stats., which provides an exemption from use tax for property purchased without tax for resale which is donated to an entity exempt from sales or use tax under s. 77.54(9a), Stats.
c. Correct punctuation, per Legislative Council Rules Clearinghouse standards.
