(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.
