Lori Slauson
Administrative Rules & Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above address no later than July 14, 1997, will be given the same consideration as testimony presented at the hearing.
Analysis by the Department of Public Instruction
Section 115.28 (7), Stats., requires the state superintendent of public instruction to license all teachers for the public schools and to make rules establishing standards of attainment for licensure. Chapter PI 3 contains the requirements which an individual must meet to be licensed in Wisconsin. Chapter PI 4 contains the procedures and standards for approval of professional education programs leading to licensure.
Section 121.02 (5), Stats., requires the state superintendent of public instruction to promulgate rules relating to school district standards. Chapter PI 8 contains the 20 standards that each school board is required to meet. One of these standards, Standard (L), requires that instruction be provided at specified grade levels in reading, language arts, mathematics, science, social studies, etc.
The rules include modifications made to chs. PI 3, 4 and 8 as follows:
Educational interpreter: Amend s. PI 3.03 (2) (e), relating to educational interpreter license renewal criteria. This amendment would incorporate an educational interpreter performance assessment as a requirement for license renewal. Educational interpreters who work as oral or cued speech interpreters would be exempt from this renewal requirement.
General requirements for a license: Amend s. PI 3.05 (3m) (g), relating to special subject areas, special education and pupil services requirements pertaining to the general requirements to receive a license. This amendment would replace the requirement that applicants complete 6 semester credits in reading and language arts with a requirement that one discrete course be completed in reading and language arts.
Driver education: Amend s. PI 3.13, relating to driver education licenses. This amendment would allow the department to take action on individuals holding a driver education license who do not maintain an acceptable driving record. This amendment would also add another option to the driver education license renewal criteria.
Cognitive disabilities: Amend s. PI 3.26, relating to mild or moderate cognitive disabilities licenses and eliminate s. PI 3.27, relating to severely handicapped licenses. Current rules allow individuals holding a mild or moderate cognitive disabilities - 806 license to teach severely handicapped children but does not allow individuals holding a severely handicapped - 807 license to teach children with mild or moderate cognitive disabilities. This amendment would combine the two licenses into one comprehensive license covering the full range of severity of cognitive disabilities. Corresponding changes will be made to cognitive disability program requirements under ss. PI 4.65 and 4.66.
Speech and language: Amend s. PI 3.35, relating to speech and language pathology licenses. This amendment would eliminate redundancy, clarify, and consolidate rules so that they can be more easily read and understood. Corresponding changes will be made to the speech and language pathology program requirements under s. PI 4.78.
Assistive technology: Create s. PI 3.38 (3), relating to a license in assistive technology. This proposal would require specialized training in the applications of assistive technology to facilitate communication for students with exceptional educational needs. This proposal would also allow physical and occupational therapists, in addition to special education teachers, to receive such a license.
Human relations, relating to genocide, slavery and the Holocaust: Amend ss. PI 3.05 (2m) (a), 4.11 (2) and 8.01 (2) (L), relating to human relations and instruction requirements. This amendment would:
⇒ Require the study of human rights issues related to genocide, slavery and the Holocaust in order to receive a license to teach.
⇒ Require a licensure program to require the study of human rights issues related to genocide, slavery and the Holocaust.
⇒ Require instruction in human rights issues related to genocide, slavery and the Holocaust in grades 5-12.
Special education program requirements: Repeal and recreate subch. VII of ch. PI 4, relating to special education programs. Several minor amendments will be made to program areas relating to special education common rules, early childhood, emotional disturbance, hearing impaired, learning disabilities, cognitive disabilities, and speech and language to ensure that future special education teachers will be both available and adequately prepared to meet the needs identified by the field. These changes are also based on the Department's evaluation of licensure programs made every five years. Most licensure programs have already amended their programs based on the Department's evaluation.
Finally, one of the provisions under
Clearinghouse Rule 96-60 was to authorize the state superintendent to grant exemptions on required test scores for out-of-state graduates. The modification was made under s. PI 3.05 (7) (b) 2 and should have been placed under s. PI 3.05 (7) (a). This rule modification will correct this misplacement.
The Department will promulgate these rules as emergency rules effective July 1, 1997. Persons applying for licenses and universities providing programs that lead to licensure should have little difficulty in meeting these rule requirements. Initial applicability sections have been listed at the end of the rule to help license applicants and universities determine when the rule will affect licensure and program requirements.
Fiscal Estimate
Assumptions Used in Arriving at Fiscal Estimate:
Ch. PI 3 contains the requirements that an individual must meet to be licensed in Wisconsin. Chapter PI 4 contains the procedures and standards for approval of professional education programs leading to licensure. Chapter PI 8 contains the 20 standards that each school board is required to meet under Wisconsin statutes.
The modifications included in the emergency and proposed permanent rules most likely to result in a cost, if any, are as follows:
Educational Interpreters: In order to renew a license under these rules, educational interpreters are required to take an educational interpreter performance assessment. The assessment would cost between $100 - $125 which the test taker would have to pay. A school district may elect to pay for these assessments, but such payment is not required. It should be noted that the assessment would be counted as 30 equivalency clock hours, or 1 credit, toward meeting the 6 credits required for license renewal every 5 years.
Human relations, relating to genocide, slavery and the Holocaust: Under these rules, licensure and program requirements relating to human relations must address issues related to genocide, slavery and the Holocaust. The rules also require that instruction in these issues be provided at school in at least one grade level in grades 5 through 8 and in at least one grade level in grades 9 through 12. Most teacher training programs and schools already provide instruction relating to the inhumanity of genocide, slavery and the Holocaust. Therefore, it is assumed that there will be no increased costs to teacher training programs or school districts.
The following modifications made under these rules will clarify, eliminate redundancy, and streamline current requirements to make provisions under ch. PI 3 and 4 easier to read, understand, and implement:
⍽ General requirements for a license. This amendment would replace the requirement that certain applicants complete 6 semester credits in reading and language arts with a requirement that one discrete course be completed in reading and language arts.
⍽ Driver education. This amendment would allow the department to take action on the licenses of individuals holding a driver education license who do not maintain an acceptable driving record, and add another option to the driver education license renewal criteria.
⍽ Cognitive disabilities. This amendment would combine the current two cognitive disabilities licenses (mild/moderate and severely handicapped) into one comprehensive license covering the full range of severity of cognitive disabilities. Corresponding changes will be made to cognitive disability program requirements.
⍽ Speech and language. This amendment would eliminate redundancy, clarify, and consolidate rules so that they can be more easily read and understood. Corresponding changes will be made to the speech and language pathology program requirements.
⍽ Assistive technology. This amendment would require specialized training in the applications of assistive technology to facilitate communication for students with exceptional educational needs. The amendment would also allow physical and occupational therapists, in addition to special education teachers, to receive such a license.
⍽ Special education program requirements. Several minor amendments have been made to program areas relating to special education common rules, early childhood, emotional disturbance, hearing impaired, learning disabilities, cognitive disabilities, and speech and language to ensure that future special education teachers will be both available and adequately prepared to meet the needs identified by the field. These changes are also based on the Department's evaluation of licensure programs made every five years. Most licensure programs have already amended their programs based on the Department's evaluation.
It is not anticipated that there would be any new costs to school districts for hiring appropriately trained staff under the rule modifications listed above. In some cases, these rule modifications may result in decreased costs to individuals seeking or renewing a license due to fewer credit requirements.
These rules may have a fiscal effect on the University of Wisconsin System. A copy of the proposed rules has been submitted to the University of Wisconsin System with a request for a fiscal note.
These rules will have no fiscal effect on the Department.
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114 (1) (a), Stats.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Chs. Comm 18 and ILHR 51, 52, 66, 69 and 70 - Relating to barrier-free design requirements.
Chs. EAB 1 to 10 - Relating to approving and licensing schools and programs, setting fees, advertising, setting bond levels, defining tuition refund policy and procedures, outlining complaints procedures, mandating records retention and all matters related to the oversight of approved postsecondary educational institutions.
Ch. HSS 148 - Relating to rural counties participating in the Wisconsin Breast Cancer Screening Project.
Ch. HSS 1 - Relating to operation of the uniform fee system, including determination of parental liability for the cost of court-ordered substitute care of a child.
S. Ins 2.80 - Relating to valuation of reserve liabilities for life insurance.
Insurance, Commissioner of
(CR 97-7):
S. Ins 3.46 - Relating to the requirements for tax deductible long-term care insurance.
Insurance, Commissioner of
(CR 97-9):
S. Ins 2.17 - Relating to life insurance illustrations.
Chs. Opt 1 and 3 to 7 - Relating to applications, examinations and continuing education requirements, and to standards of professional conduct of optometrists.
Ch. PSC 168 - Relating to the certification and regulation of telecommunications resellers and alternative operator service providers.
Chs. RL 100 to 105 and 110 to 116 - Relating to amateur and professional boxing.
S. Trans 276.07 (8), (11) and (16) - Relating to allowing the operation of “double bottoms” (and certain other vehicles) on certain specified highways.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
Hearing & Speech Examining Board
(CR 96-162):
An order affecting ss. HAS 4.03, 5.02, 6.02, 6.065 and 6.09, relating to calibration of audiometric equipment and the use of support personnel.
Effective 08-01-97.
Hearing & Speech Examining Board
(CR 96-173):
An order amending s. HAS 6.09 (2) (o), relating to the grounds for discipline for individuals who are credentialed as speech-language pathologists and audiologists.
Effective 08-01-97.
An order creating s. NR 19.025, relating to the waiver of approvals, fees and other requirements of ch. 29, Stats., for an educational, recreational skills activity.
Effective 08-01-97.
An order amending s. NR 10.09 (1) (c) 1. a., relating to the definition of a muzzleloader for the muzzleloader gun deer season.
Effective 07-01-97.
