Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 8 - School District Standards › Section PI 8.03 - Noncompliance hearings

Current through June 24, 2024
(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.