The scope statement for this rule, SS 087-16, was published in Register No. 730A1, on October 3, 2016, and approved by State Superintendent Tony Evers on October 13, 2016. Pursuant to Coyne v. Walker, the Department of Public Instruction is not required to obtain the Governor’s approval for this rule. Coyne v. Walker, 2016 WI 38.
The State Superintendent of Public Instruction adopts an order to repeal ss. PI 34.29 (1) (e) 2. and 3. and 4.; renumber and amend ss. PI 34.21 (2) (d) and 34.29 (1) (e) 1.; amend ss. PI 34.21 (1) (c) (intro.), 34.21 (2) (c), 34.24 (1), 34.27 (1) (d), and 34.29 (2) (a) 1. and (b) 1. and (c) 1. and (d) 1., and s. PI 34.30 (1) (d); repeal and recreate ss. PI 34.23; and create ss. PI 34.18 (4), 34.19 (7), PI 34.21 (1) (c) 1. and 2. and (d), PI 34.21 (2) (d) 1. and 2. and (e), 34.27 (1) (e) and (f), and PI 34.29 (1) (f) and (g) and (h); relating to flexible licensing options under PI 34.
Statute interpreted: s. 115.28 (7) (a), Stats.
Statutory authority: s. 115.28 (7) (a), Stats.
Explanation of agency authority:
115.28 General duties. The state superintendent shall:
(7)Licensing of teachers.
(a) License all teachers for the public schools of the state; make rules establishing standards of attainment and procedures for the examination and licensing of teachers within the limits prescribed in ss. 118.19 (2) and (3), 118.191, 118.192, 118.193, 118.194, and 118.195; prescribe by rule standards, requirements, and procedures for the approval of teacher preparatory programs leading to licensure, including a requirement that, beginning on July 1, 2012, and annually thereafter, each teacher preparatory program located in this state shall submit to the department a list of individuals who have completed the program and who have been recommended by the program for licensure under this subsection, together with each individual's date of program completion, from each term or semester of the program's most recently completed academic year; file in the state superintendent's office all papers relating to state teachers' licenses; and register each such license.
Related statute or rule: PI 34 contains the current administrative rules governing the licensure of school personnel. Emergency Rule 1623, which became effective on August 23, 2016, made several changes to the existing rule to make teacher licensing more amendable to school district staffing needs, which included increasing the number of pathways to licensure, reducing the regulatory burden on applicants, and reducing the time it takes to obtain a license. The proposed rule seeks to make the changes created by Emergency Rule 1623 permanent and identifies additional changes to make teacher licensing more flexible.
Plain language analysis:
The proposed rule makes numerous changes to the existing rule, which include the following:
Creating the ability for Wisconsin educators who are age 55 or older to apply for a five-year, nonrenewable license without having to meet professional development requirements (i.e., 6 credits or a PDP).
Increasing the number of consecutive days that a short-term substitute can be in the same assignment from 20 to 45 days. This should allow schools enough time to either find a properly licensed educator for the position or apply for an emergency license or permit for an educator who does not hold a license acceptable for the assignment.
Expanding the renewal options for emergency licenses to include attempting to pass required tests for licensure for educators who have met all other requirements and submitting a plan to complete an approved program.
Expanding the pathway for teachers to add additional licenses based on content tests to allow:
Teachers who hold an Early Adolescence-Adolescence (grades 5-12) regular education license can add another regular education license at the same developmental/grade level by passing a content test.
Teachers who hold a Middle Childhood-Early Adolescence (grades 1-8) regular education license and have at least four semesters of teaching experience in grades 1 or 2 can add a regular education license at the Early Childhood level (birth to grade 3) by passing the Praxis II Elementary Education Content Knowledge test and the Foundations of Reading Test.
Teachers who hold a Middle Childhood-Early Adolescence (grades 1-8) regular education license and have at least four semesters of teaching experience in English/language arts or math in grades 7 or 8 can add a license in that subject at the Early Adolescence-Adolescence level by passing a content test.
Teachers who hold an Early Childhood-Adolescence (grades PK-12) regular education license can add another Early Childhood-Adolescence regular education license or an Early Adolescence-Adolescence (grades 5-12) regular education license by passing a content test.
Summary of, and comparison with, existing or proposed federal regulations: N/A
Comparison with rules in adjacent states: N/A
Summary of factual data and analytical methodologies:
In order to continue implementing solutions that help school districts address critical staff shortages, the proposed rule’s objective is to make the teacher licensing process more flexible and efficient.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: N/A
Anticipated costs incurred by private sector: N/A
Effect on small business:
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Agency contact person: (including email and telephone)
Carl Bryan
Budget and Policy Analyst
Wisconsin Department of Public Instruction
(608) 267-9127
Place where comments are to be submitted and deadline for submission:
Comments should be submitted by February 9, 2017, to Carl Bryan, Department of Public Instruction, 125 S. Webster Street, P.O. Box 7841, Madison, WI 53707-7841 or at adminrules@dpi.wi.gov. The Department will publish a hearing notice in the Administrative Register that will provide information on the deadline for the submission of comments.
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.