Wis. Admin. Code PI § 45.03

Current through May 28, 2024
Section PI 45.03 - Complaint procedures
(1)A complaint filed under s. 118.134(1), Stats., shall be submitted to the state superintendent in writing and include all of the following information:
(a) The complainant's contact information.
(b) A statement that the complainant is a resident of the school district to which the complaint is directed.
(c) Signatures, obtained within the 120 day period before the complaint is filed, of school district electors equal to at least 10 percent of the school district's membership.
(2)Upon receipt of a complaint, the state superintendent shall notify the school district of the complaint, and direct the school board to submit, if applicable, the information under sub. (3).
(3)If applicable, within 10 days of receiving the notice under sub. (2), the school board shall submit evidence of the following:
(a) The school board has a written agreement with a federally recognized American Indian tribe that has historical ties to the state that grants approval to the school board to use the nickname, logo, mascot, or team name used by the school board.
(b) The use of the nickname, logo, mascot, or team name that has been approved by a tribe under par. (a) is the use to which the school district resident objects in the complaint.
(c) That the tribe has not rescinded that agreement.
(4)
(a) Except as specified under par. (b), the state superintendent shall refer the complaint to the division for a contested case hearing.
(b) The state superintendent may determine that no contested case hearing is necessary if the board provides the information under sub. (3).
(c) If the state superintendent determines a contested case hearing is not necessary, the state superintendent shall notify the complainant of this decision in writing.

Wis. Admin. Code Department of Public Instruction § PI 45.03

EmR1018: emerg. cr., eff. 6-1-10; CR 10-074: cr. Register November 2010 No. 659, eff. 12-1-10.
Amended by, CR 15-012: cr. Register August 2015 No. 716, eff.9/1/2015

Chapter PI 45 is currently being revised to reflect the changes contained in 2013 Wisconsin Act 115.