Sec. PI 1.01 - Purpose and applicability

ยง PI 1.01. Purpose and applicability

(1) PURPOSE. Under s. 115.28(5), Stats., the state superintendent is charged with examining and determining all appeals that are made by law to the state superintendent. The purpose of this chapter is to provide the state superintendent with a system for dealing with complaints and appeals received by the department; to promote coordination with other appropriate units of government and agencies regarding complaints and appeals; and to promote the voluntary resolution of problems at the level closest to their source.

(2) APPLICABILITY. This chapter applies to all complaints and appeals authorized by statute or rule that are filed with the department, except that this chapter does not apply to appeals or complaints subject to other, more specific, statutes or rules, including, but not limited to, the following:

(a) Appeals relating to the identification, evaluation, educational placement, or the provision of a free appropriate public education of a child with a disability, which shall be resolved under 20 USC 1415 of the Individuals with Disabilities Education Act and subch. V of ch. 115, Stats.

(b) Appeals of a departmental decision that a teacher education program is not in compliance with ch. PI 34, which shall be resolved through the procedures under subch. III of ch. PI 34.

(c) Complaints that the state or a subgrantee is violating the Individuals with Disabilities Education Act, 20 USC Subchapter II, which shall be resolved through the procedures under CFR parts 76 and 77.

(d) Complaints, hearings, and appeals related to license revocation and reinstatement, which shall be resolved through the procedures specified under subch. XI of ch. PI 34.

(e) School district boundary appeal board hearings, which shall be conducted under ch. PI 2.

(g) Appeals relating to orders issued by the state superintendent under s. 115.7915(8), Stats., which shall be resolved through the procedures specified under s. PI 49.15.

(h) Appeals of a school board's decision to deny an open enrollment application under s. 118.51(9), Stats., which shall be resolved through the procedures specified under s. PI 36.14.

(i) Appeals relating to orders issued by the state superintendent under s. 118.60(10), Stats., which shall be resolved through the procedures specified under s. PI 48.21.

(j) Appeals relating to orders issued by the state superintendent under s. 119.23(10), Stats., which shall be resolved through the procedures specified under s. PI 35.21.

(k) Complaints related to race-based nicknames, logos, mascots, and team names under s. 118.134, Stats., which shall be resolved through the procedures specified under s. PI 45.03.

(Cr. Register, December, 1987, No. 384, eff. 1-1-88; cr. (2) (f), Register, October, 1992, No. 442, eff. 11-1-92; corrections in (2) (d) made under s. 13.93(2m) (b) 7, Stats., Register, June, 1999, No. 522; corrections in (2) (b) and (d) made under s. 13.93(2m) (b) 7, Stats., Register October 2001 No. 550; correction in (2) (b) made under s. 13.93(2m) (b) 7, Stats., Register June 2004 No. 582. Amended by, CR 17-052: am. (1), (2) (intro.), (a), (c), (d) to (f), cr. (2) (g) to (k) Register January 2018 No. 745, eff. 2/1/2018 Amended by, CR 18-027: r. (2) (f) Register August 2018 No. 752, eff. 9-1-18; correction in (2) (b), (d) made under s. 13.92(4) (b) 7., Stats., and correction in (2) (e) made under s. 35.17, Stats., Register August 2018 No. 752, eff. 9/1/2018 Amended by, CR 19-069: am. (2) (d) Register February 2020 No. 770, eff. 3/1/2020)

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