Text of Rule
SECTION 1. PI 34.241, PI 34.242, and PI 34.243 are created to read:
PI 34.241 Charter school instructional staff license.
(1) A charter school instructional staff license may be issued to an applicant who holds a valid initial, professional or master educator teaching license issued by the department. The license authorizes an individual to teach any grade or any subject outside the individual's initial, professional or master educator teaching license in a non-virtual charter school. To be eligible for the charter school instructional staff license, an applicant shall meet the following criteria:
(a) An applicant assigned to teach any core academic subject, as defined under
20 USC 7801(11), in a non-virtual charter school shall verify one of the following:
1. A major or minor from a regionally-accredited institution in each of the assigned core academic subjects.
2. Passing a content knowledge examination prescribed by the state superintendent in each of the assigned core academic subjects.
3. Demonstrated knowledge and competence in each of the assigned core academic subject based on an assessment process approved by the state superintendent.
(b) An applicant assigned to teach any subject that is not considered a core academic subject may be eligible for a charter school instructional staff license without verification of criteria listed under par. (a).
(2) The applicant under this section shall submit a complete application, developed by the department, specifying the applicant's qualifications for the license.
(3) A charter school instructional staff license shall have the same license term as the valid initial, professional or master educator teaching license not to exceed five years. The charter school instructional staff license shall not have the same license term as the life license or the master educator license.
(4) A one-year charter school instructional staff license may be issued to an applicant who holds a valid teaching license but has not demonstrated content knowledge in a core academic subject area as defined under
20 USC 7801(11). The license may be issued for any assigned grade level and any assigned subject in a non-virtual charter school. To receive this one-year license, a district administrator or designated official of the employing school district or charter school under s.
118.40, Stats., shall request a license on behalf of the applicant following a search for a qualified, licensed individual. This license is renewable for one-year periods if the applicant is making adequate progress toward eligibility for the charter school instructional staff license with verification that he or she has completed 6 semester credits each licensure term toward a content minor in his or her assigned teaching area until such time that one of the criteria under sub. (1) (a) has been completed.
PI 34.242 Three-year charter license.
(1) An individual who holds a bachelor's degree from a regionally-accredited institution may be eligible to obtain this license to teach in a non-virtual charter school. An applicant shall demonstrate the appropriate level of content knowledge in each of the subjects the applicant is assigned to teach by verifying one of the following:
(a) Completion of a major or minor from a regionally-accredited institution in each of the assigned academic subjects.
(b) Passing a content knowledge examination prescribed by the state superintendent in each of the assigned academic subjects.
(c) Demonstrated knowledge and competence in each of the assigned academic subjects based on an assessment process approved by the state superintendent.
(2) The applicant under this section shall submit a completed application, developed by the department, specifying his or her qualifications for the license.
(3) The license is renewable for three-year periods.
PI 34.243 Teaching licenses for educators teaching in a virtual charter school.
An individual assigned to teach in a virtual charter school under s.
118.40 (8) (b) 1., Stats., shall hold a valid initial, professional or master educator license in each of the grades and subject areas of that individual's assignment.
SECTION 2. PI 34.33(intro) is amended to read:
PI 34.33 Supplementary categories.
Except as specified under sub. (1) (c), in order to receive a license issued under a supplementary category under this subchapter, an individual shall hold or be eligible to hold an initial, professional, or master educator teaching license issued by the department under subch. VII. Licenses under this subchapter may be issued in the following categories:
SECTION 3. PI 34.34(1), (2), and (2m) are repealed.
SECTION 4. EFFECTIVE DATE:
The proposed rules contained in this order shall take effect on the first day of the month commencing after the date of publication in the Wisconsin Administrative Register, as provided in s.
227.22 (2) (intro.), Stats.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA 2049 (R 07/2011)
ADMINISTRATIVE RULES
FISCAL ESTIMATE AND
ECONOMIC IMPACT ANALYSIS
|
Type of Estimate and Analysis
|
X Original ⍽ Updated
⍽ Corrected
|
Administrative Rule Chapter, Title and Number
|
PI 34, Teacher Education Program Approval and Licenses
|
Subject
|
Charter School Teaching License
|
Fund Sources Affected
|
Chapter 20, Stats. Appropriations Affected
|
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
|
|
Fiscal Effect of Implementing the Rule
|
⍽ No Fiscal Effect
X Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
X Increase Costs
X Could Absorb Within Agency's Budget
⍽ Decrease Costs
|
The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
|
Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
|
Policy Problem Addressed by the Rule
|
2013 Wisconsin Act 20 created s. 115.28(7)(g), Stats., which requires the Department of Public Instruction (DPI) to grant a charter school teaching license to any person who has a bachelor's degree and demonstrates, based on criteria established by the DPI, that the person is proficient in the subject or subjects he or she intends to teach. PI 34 will be modified to include the criteria that a person must meet to demonstrate that the person is proficient in the subject or subjects he or she intends to teach.
|
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
Local:
The effect on local school districts is indeterminate. It is unclear how this change to the way charter school teachers are licensed will affect the supply of teachers for charter schools and non-charter schools.
State:
Implementing a new framework for issuing charter school teaching licenses may slightly increase costs, but those costs could be absorbed by the department.
|
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
This proposed rule change will include the proficiency criteria established by DPI that a person must meet in order to be granted a charter school teaching license. The Department is required to establish criteria by 2013 Wisconsin Act 20.
|
Long Range Implications of Implementing the Rule
|
The Department will establish criteria for determining whether an educator is proficient in the subject the educator intends to teach for the purposes of being granted a charter school teaching license. The Department is required to do this under 2013 Wisconsin Act 20.
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Compare With Approaches Being Used by Federal Government
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No information.
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Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
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No information.
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Name and Phone Number of Contact Person
|
Katie Schumacher, Department of Public Instruction Administrative Rules Coordinator, (608) 267-9127.
|
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to ss.
227.11 (2) (a) (intro) and
118.51, Stats., and interpreting s.
118.51, Stats., the Department of Public Instruction will hold a public hearing as follows to consider the revision of Chapter
PI 36, relating to the full-time open enrollment program.
Hearing Information
Date: Tuesday, March 25, 2014
Time: 3:00 to 5:00 p.m.*
Location: GEF 3 Building
125 South Webster Street
Room 041
Madison, Wisconsin
*If no speakers are remaining, the hearing will conclude early (but no earlier than 3:30 p.m.). Those that would like to testify should plan to be there at the beginning of the hearing. For those who cannot attend the public hearing, comments received by the Department will be given the same weight as testimony.
The hearing site is fully accessible to persons with disabilities. If you require reasonable accommodation to access the meeting, please call Katie Schumacher at (608) 267-9127, or leave a message with the Teletypewriter (TTY) at (608) 267-2427, at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Place Where Comments are to be Submitted and Deadline for Submission
Proposed Order of the State Superintendent of Public Instruction Adopting Permanent Rules
The scope statement for this rule, SS
074-13, was published in
Register No. 691, on July 14, 2013, and approved by State Superintendent Tony Evers, on July 24, 2013. Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction (DPI) is not required to obtain the Governor's approval for the statement of scope or this rule.
The State Superintendent of Public Instruction hereby proposes to renumber Subchapter
III of Chapter PI 36 and sections
PI 36.06 to
PI 36.09; to repeal and recreate Subchapters
I,
II, and
IV of Chapter PI 36; and to create Subchapter III of PI 36; relating to the full-time open enrollment program.
Analysis by the Department of Public Instruction
Statute interpreted
Statutory authority
Explanation of agency authority
Under s.
227.11 (2) (a) (intro), Stats., “Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation." Under s.
118.51, Stats., the DPI requires rules to effectively implement the Full-Time Open Enrollment Program.
Related statute or rule
N/A.
Plain language analysis
The proposed changes include: designation of open enrollment spaces and approval and denial of applications; handling of applications submitted under the regular and alternative application procedures; procedures for terminating open enrollment due to habitual truancy; procedures for considering whether a special education cost is an undue financial burden; confidentiality of pupil records as they relate to open enrollment; procedures and standards for open enrollment appeals; administrative and aid transfer procedures; and procedures for filing claims and making payments to parents for open enrollment transportation reimbursement.
Summary of, and comparison with, existing or proposed federal regulations
N/A.
Comparison with rules in adjacent states
No information.
Summary of factual data and analytical methodologies
The Full-Time Open Enrollment Program was created by
1997 Wisconsin Act 27. Since then, the statute has been amended or affected by ten legislative enactments, including: changes to 4-year-old kindergarten eligibility for open enrollment; limiting the number of districts a pupil can apply to; waiting lists; preferences and guarantees for certain students; transportation for open enrolled students; open enrollment to virtual charter schools; and habitual truancy. The program has been affected by a number of court decisions. Nearly 3,000 appeals have been filed with the Department.
The most recent change to full-time open enrollment occurred with
2011 Wisconsin Act 114, which changed the timing of the application process under the Open Enrollment Program and permitted certain pupils to submit open enrollment applications outside the regular application period, thus changing the nature of the Open Enrollment Program from a once-a-year time-limited application period to a year-round opportunity to apply. Specifically,
2011 Wisconsin Act 114 changes s.
118.51, Stats., by requiring pupils to submit an enrollment application no later than the last weekday in April, rather than no later than the 3
rd Friday following the first Monday in February. As a result of this change, subsequent deadlines are adjusted accordingly.
2011 Act 114 also changes s.
118.51, Stats., by allowing alternative open enrollment procedures under certain circumstances.
The rules have only been amended three times since they were first promulgated in July 1998 including: addressing the number of districts a pupil may apply to, and establishing wait lists, and modifying the method of serving notices of denial. The rule amendments do not incorporate all of the statutory changes that have occurred.
The objective of the proposed rule-making is to update the full-time enrollment portion of PI 36 to address the statutory changes and issues that have arisen over the past 14 years. Finally, this rule change will also include any changes to the Full-Time Open Enrollment Program stemming from the passage of the 2013-15 biennial budget.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report
Chapter
PI 36 currently addresses full-time open enrollment in the context of parent and pupil responsibilities, nonresident school board responsibilities, and resident school board responsibilities. Currently, these areas reflect the law as it existed prior to the enactment of
2011 Wisconsin Act 114, as well a number of other acts and court decisions. The DPI is proposing to update the full-time open enrollment portion of ch.
PI 36 so that it reflects the current state of the law. The alternative to not promulgating this rule is to have an administrative rules chapter that is outdated. School districts, parents and pupils will be affected by this rule.
Anticipated Costs Incurred by Private Sector
There is not expected to be a cost to the private sector.
Effect on Small Business
The proposed rules will have no economic impact on small businesses, as defined in s.
227.114 (1), Stats.
Agency Contact Person
Katie Schumacher
Budget and Policy Analyst
Wisconsin Department of Public Instruction
(608) 267-9127
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA 2049 (R 07/2011)
ADMINISTRATIVE RULES
FISCAL ESTIMATE AND
ECONOMIC IMPACT ANALYSIS
|
Type of Estimate and Analysis
|
X Original ⍽ Updated
⍽ Corrected
|
Administrative Rule Chapter, Title and Number
|
Chapter PI 36
|
Subject
|
Public School Open Enrollment Program
|
Fund Sources Affected
|
Chapter 20, Stats. Appropriations Affected
|
X GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
|
20.255(2)(ac)
|
Fiscal Effect of Implementing the Rule
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
X Could Absorb Within Agency's Budget
⍽ Decrease Costs
|
The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
X Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
|
Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
|
Policy Problem Addressed by the Rule
|
Administration of the public school open enrollment program
|
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
The open enrollment statue affects school districts. When a pupil transfers from a nonresident to a resident school district, money follows the pupil from the resident to the nonresident school district through an increase or reduction in the school district's state aid payment(s). School districts in which more pupils transfer in than out will receive a net increase in their state aid payment; school district in which more pupils transfer out will receive a net decrease in their state aid payment. There is no economic impact on school districts that is specific to the rule.
|
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
The benefit to implementing the rule is to provide specificity and clarification to the administration of the open enrollment program and to comply with statute. The alternative to implementing the rule is to administer the program through “guidelines" that do not have the force of law.
|
Long Range Implications of Implementing the Rule
|
There are no long range implications that are specific to the rule.
|
Compare With Approaches Being Used by Federal Government
|
There is no comparable program at the federal level.
|
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
Open enrollment funding is established in state statute. There is no effect that is specific to the rule.
Illinois, Iowa, Michigan and Minnesota also have public school choice programs. However, all of these states have foundation funding systems for public schools, while Wisconsin has a tax-base equalizing formula. Under a foundation funding system, there is no direct transfer of money from the resident to the nonresident school district; instead the district of attendance (nonresident school district) receives the per pupil foundation amount directly, rather than as a transfer of funds from the resident to the nonresident school district.
|
Name and Phone Number of Contact Person
|
Katie Schumacher, 608-267-9127
|
Notice of Hearing
Safety and Professional Services
Professional Services, Chs.
1—299
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in ss.
227.11 (2),
444.035,
444.04,
444.06,
444.095 (3), and
444.19, Stats., and interpreting ss.
444.02 (2),
444.04,
444.06, and
444.095 (4), Stats., the Department of Safety and Professional Services will hold a public hearing at the time and place indicated below to consider an order to repeal Chapters
SPS 100 to
105 and to revise Chapters
SPS 192 to
196, relating to mixed martial arts, amateur boxing, and professional boxing.
Hearing Information
Date: Wednesday, March 12, 2014
Time: 9:30 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson St.)
Room 121B
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Copies of Rule
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Section
227.11 (2), Stats., reads: “Rule-making authority is expressly conferred as follows:
(a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
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