Wis. Admin. Code Department of Public Instruction § PI 1.03 - Receipt and filing of complaints and appeals

Current through March 28, 2022

(1) All complaints and appeals shall be filed in writing specifying the grounds upon which the action is brought, the facts, and any relief sought. Complaints and appeals shall be signed by the complainant or appellant or the representative of the complainant or appellant. If the complainant or appellant is a minor, the complaint or appeal shall also be signed by a parent or guardian, unless the statute or rule under which the complaint or appeal is filed prohibits this requirement.

(2) If the complaint or appeal is filed by the representative under sub. (1), the representative shall file a notice of representation which shall include written consent of the complainant or appellant and the parent or guardian if required under sub. (1).

(3) The state superintendent shall dismiss a complaint or an appeal if any of the following occur:

(a) The complaint or appeal was not filed within the time period specified in the statute or rule under which the complaint or appeal was filed.

(b) The complaint or appeal is not legally sufficient to state a claim upon which relief may be granted.

(c) The state superintendent does not have jurisdiction in the matter.

(d) The complainant or appellant does not include sufficient allegations of fact that, if accepted as true, would support the complaint or appeal.

Notes

Wis. Admin. Code Department of Public Instruction § PI 1.03

Cr. Register, December, 1987, No. 384, eff. 1-1-88. Amended by, CR 17-052: am. (1), (2), r. and recr. (3) Register January 2018 No. 745, eff. 2/1/2018