NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Tuesday, January 25, 2005 at 10.00 a.m., Video conference participation will be available at:

S1034, Instructional Serv. Bldg.

UW-Green Bay

2420 Nicolet Dr.

Green Bay

Room 227, Pyle Center,

W Extension

702 Langdon Street

Madison

Room L130, UW-Marinette

750 West Bay Shore

Marinette

Room N029, Northview Bldg.

UW-Waukesha

1500 University Drive

Waukesha

Many of these changes were suggested by participants over the first years of this program. In addition to reducing the workload, these changes may lead to reduction in costs for the program participants though by how much is not predictable.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Dr. Andrea Diss at (608) 264-9247 with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Dr. Andrea Diss, Bureau of Forest Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until February 18, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Dr. Diss.

NOTICE IS HEREBY GIVEN That pursuant to ss. 118.43 (6m) and 227.11 (2) (a), Stats., and interpreting s. 118.43 (6), Stats., the Department of Public Instruction will hold a public hearing as follows to consider emergency and proposed permanent rules, relating to the payment of state aid under the student achievement guarantee in education (SAGE) program. The hearing will be held as follows:

January 14, 2005   Madison

3:00 – 5:00 p.m.   GEF 3 Building

    125 South Webster Street

    Room 041

The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please contact Janice Zmrazek, SAGE Program Coordinator, janice.zmrazek@dpi.state.wi.us, (608) 266-2489, or leave a message with the Teletypewriter (TTY), (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.

The administrative rule and fiscal note are available on the internet at:
http://www.dpi.state.wi.us/dpi/dfm/pb/sagerule.html and http://www.dpi.state.wi.us/dpi/dfm/pb/sagefn.html, respectively. A copy of the proposed rule and the fiscal estimate also may be obtained by sending an email request to lori.slauson@dpi.state.wi.us or by writing to:

Lori Slauson, Administrative Rules and 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 mailing or email address no later than January 19, 2005, will be given the same consideration as testimony presented at the hearing.

Statute interpreted: s. 118.43 (6), Stats.

Statutory authority: ss. 118.43 (6m), Stats and 227.11 (2) (a), Stats.

Explanation of agency authority:

Section 118.43 (6m), Stats., requires the department to promulgate rules to implement and administer the payment of state aid under s. 118.43 (6), Stats.

Because the department is interpreting the provisions of this statute and administers/enforces the program governed by it, s. 227.11 (2) (a), Stats., gives the department general rule-making authority.

Court decisions directly relevant: None.

Related statute or rule: None.

Plain language analysis:

The department is required to promulgate rules to implement and administer the payment of state aid under the student achievement guarantee in education (SAGE) program. By statute, the department must pay an amount not to exceed $2,000 multiplied by the number of low-income pupils enrolled in grades kindergarten to 3.

The proposed rules establish 3 calculation periods for the department and provide eligible schools with 3 reporting periods in October, January, and March. The proposed rules establish deadlines in each reporting period for eligible schools to report low-income pupils for aid under the SAGE program. If funds are insufficient in any calculation period to award $2,000 per low-income pupil, the payment will be prorated. If adequate funds remain after any calculation period, the department will notify eligible schools that they may report any additional low-income pupils who were enrolled on the third Friday in September but for whom low-income status was not submitted or eligibility was not determined on or before the reporting dates in October, January or March.

Summary of, and comparison with, existing or proposed federal regulations: Title II-A under the No Child Left Behind Act allows federal money to be used for class size reduction initiatives but does not specify what those initiatives must be. The Act provides non-regulatory guidance only.

Comparison with rules in adjacent states: Illinois, Iowa, Michigan, and Minnesota do not have administrative rules relating to state-funded class size reduction programs.

Summary of factual data and analytical methodologies: The proposed rules codify current practice.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: Not applicable.

Anticipated costs incurred by private sector: None.

The department is required to promulgate rules to implement and administer the payment of state aid under the student achievement guarantee in education (SAGE) program. The rules, as required by statute, specify that the department may award no more than $2000 per low-income pupil enrolled in grades kindergarten to 3 to eligible schools. The rules establish 3 calculation periods for the department and 3 reporting periods for eligible schools in October, January, and March. If funds are insufficient in any calculation period, the rules allow the department to prorate the $2000 per low-income student. If adequate funds are available in any calculation period, the rules allow eligible schools to report to the department and receive funds for additional pupils who were enrolled on the third Friday in September but for whom documentation of low-income status was not submitted or determined until a later date.

There is a possibility in the future that some low-income pupils in eligible schools would not receive funding under the proposed rules if the eligible school does not claim the pupil in the October reporting/calculation period and all appropriated funds are allocated in that initial calculation of state aid. Under past practice, all low-income pupils reported by eligible schools would have received a prorated amount.

The rules will have no fiscal effect on the department or small businesses.

The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114 (1) (a), Stats.