Wis. Admin. Code Department of Public Instruction § PI 8.03 - Noncompliance hearings

Current through November 29, 2021

(1) Upon request of the school board or upon receipt of a petition signed by the number of electors under s. 121.02(3), Stats., the state superintendent, or a person designated by the state superintendent as the hearing officer, shall conduct a public hearing in the school district prior to any finding that a school district is not in compliance with the standards under s. 121.02(1), Stats., or s. PI 8.01(2).
(2) The department shall mail notice of the hearing to the interested parties or their representatives and to representative media in the geographical area of the school district at least 10 days before the public hearing. The notice shall include the time and place of the hearing, and a deadline for submitting written statements.
(3) At the public hearing, all interested persons or their representatives shall be given an opportunity to present facts, opinions or arguments relative to the allegation of noncompliance in the report under s. PI 8.02(3) or in the petition of the electors under s. 121.02(3), Stats. The hearing officer may administer oaths or affirmations to those persons interested in giving testimony, and may question persons giving testimony. The hearing officer may limit the length of oral presentations at his or her discretion and may continue or postpone the hearing to such time as he or she deems appropriate. The department shall keep minutes or a taped record of the hearing.
(4) Any interested person may present written statements of facts, opinions or arguments on the issue of the hearing to the state superintendent, whether or not the person presented oral testimony. The state superintendent or hearing officer shall set a reasonable deadline for the submission of any written statements.
(5) After the public hearing and not later than 90 days after the deadline for submission of written statements, the state superintendent shall issue a written decision on whether the district is in compliance with the standards.
(6) If the state superintendent finds the school district board is not in compliance with the standards, the state superintendent may develop with the school district board a plan for compliance which specifies a time period, not to exceed 90 days, in which compliance must be achieved. Prior to the expiration of the time period, a school district board may submit a written request to the state superintendent for an extension of the time period. The request shall set forth the extenuating or mitigating circumstances that support granting the request and a date by which compliance will be achieved. The state superintendent may grant one extension of the time period, not to exceed one year. The state superintendent shall withhold up to 25% of state aid from any school district which fails to achieve compliance within the specified period, as required under s. 121.02(3), Stats.

Notes

Wis. Admin. Code Department of Public Instruction § PI 8.03
Cr. Register, November, 1986, No. 371, eff. 9-1-88.

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