The Wisconsin Institute for Law & Liberty (WILL) has interceded on WCRIS’ behalf to press the DPI to reconsider its’ ruling that schools in a Parental Choice Program can not use digital/virtual instruction to meet their hours of instruction requirements.
In a February 21 letter to DPI Superintendent Carolyn Stanford Taylor, WILL asked the agency to clarify the basis for its ruling by the end of February.
The issue arose recently because private school administrators are looking for ways to make-up time lost from school closures due to record cold, snow and ice this winter. Many public schools are using digital/virtual instruction to make up their days.
However, the DPI sent an e-mail to choice schools February 5 saying private schools in a choice program could not use such instruction to make up lost time. The agency argues that the Administrative Rules allowing virtual/digital instruction only cover public schools.
Note: This does not affect non-choice private schools. Non-choice private schools are free to use all of the options at their disposal to meet the requirement for 875 hours of annual instruction. Choice schools are required to provide more instruction (437 hours of direct instruction for 4k; 1,050 hours for 5K-6 grade, and 1,137 hours for grades 7-12).
In its letter to the DPI, the attorneys at WILL argued that the agency’s directive violates state law because it impermissibly seeks to create a rule or attempts to enforce an unpublished rule without the authority to do so.
Further, WILL noted, that if the DPI wants to administer a rule, state law requires it to go through a formal rulemaking process that has oversight by the Legislature.
The issue of virtual/digital instruction is about more than just snow days, said WCRIS Executive Director Sharon Schmeling.
“Any number of events can result in closures — disease outbreak, school safety incidents, tornados or fire. Choice schools should be allowed to use modern technology to innovatively serve their students just like public schools and regular private schools.”
WCRIS will continue to update schools through Current Events.
In the meantime, Choice schools should continue to plan for makeup days using existing methods and following the DPI’s current guidance, which prohibits digital/virtual learning.
