Clarifying that out-of-state applicants may receive an initial educator license in the areas of teaching, pupil services or administration. As currently written the rule appears to only allow for licensure of teachers that apply from out of state and not pupil services or administrator applicants.
  Clarifying when the credits or professional development plan must be completed prior to renewing a professional educator license.
  Clarifying that for applicants eligible to renew a professional educator license by completing 6 semester credits, those credits must be directly related to the license held or to the standards established under subchapter II for teachers, pupil services staff or administrators. As currently written, the rule refers only to the teacher standards.
  Removing the provisions relating to issuing a license based on equivalency or experience from the initial educator license section and creating a new section for these provisions. As currently written, the rules imply that a license based on equivalency or experience may only be issued as an initial educator license.
  Clarifying that in order to extend an emergency and charter school permit, the applicant must complete at least 6 semester credits or equivalent coursework toward completion of an approved program in the subject or pupil services area of the emergency permit.
  Eliminating throughout the rule the list of “strands" which list specific subject requirements that must be completed in order to receive a license. Instead of listing strands, the rule will refer to the state's model academic standards which will include the specific subject area requirements. Wisconsin is one of 48 states that have agreed to adopt a common set of standards for various subject areas.
  Clarifying that a program coordinator license is needed for individuals serving as career and technical education program coordinators.
  Clarifying that a person must have a professional educator license before being eligible for an administrator license.
  Clarifying that a person must complete a clinical program to receive a license as a coach, gifted and talented instructor, library media specialist or reading teacher.
  Creating language regarding virtual charter school licenses that mirrors statutory language.
  Updating application provisions and providing additional renewal options relating to educational interpreter deaf and hard of hearing licenses to better reflect current practice.
  Eliminating references to obsolete licenses (education for employment and local vocational education coordinator) that are no longer issued. It should be noted that although new licenses in these areas are no longer issued, any such valid licenses issued prior to the effective date of this rule are still effective and may be renewed.
Comparison with federal regulations
The federal No Child Left Behind (NCLB) Act requires 100 percent of public school teachers to be highly qualified in “core academic subjects" which are defined as English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, music, art, theatre, dance, history and geography.
On June 3, 2008, the department notified all public schools, including charter schools, that in order to be considered highly qualified in the core academic subjects, an individual must 1) hold a valid teaching license in that subject or 2) hold any valid teaching license with a major or minor or passed the Praxis II content exam in the assigned core academic subject. The proposed rule codifies the requirements in that notice and provides a third option that the notice did not – that an individual complete a process authorized by the department that verifies content competencies. Formerly a charter school license was issued based solely on whether the applicant held any kind of teaching license; not subject-matter expertise. As a result, it is quite possible that holders of Wisconsin's former charter school instructional staff license were not considered highly qualified under the NCLB.
Comparison with rules in adjacent states
Illinois:
  Common core state standards initiative. Illinois is one of 48 states that have agreed to adopt a common core of state standards for various subject areas.
  Core subject areas. Illinois lists the same core subject areas listed in this rule and further defines “fine arts" as including dance, drama, music and visual arts.
  Charter school teacher requirements in core subject areas. To teach a core subject, teachers must do one of the following: pass a content area test specific to the subject, complete a major or equivalent in the subject, hold a master's or higher degree in a field directly related to the subject, hold a National Board for Professional Teaching Standards (NBPTS) or an Illinois master certificate or qualify under a point system. Teachers in charter schools must either meet the above requirements or hold a bachelor's degree, passed the relevant content-area test in each core subject area of teaching responsibility and meet other requirements of Section 27A-10(c) of the School Code.
  Additional subject area licenses based on taking a test. A teacher can receive an endorsement in a foreign language by taking a test, with no coursework. Currently, a science or social science designation may be added by taking the test only, if the individual currently holds either an old narrow field or a broad field designation.
  License based on experience or equivalency. None.
Iowa:
  Common core state standards initiative. Iowa is one of 48 states that have agreed to adopt a common core of state standards for various subject areas.
  Core subject areas. Iowa defines core content standards as English and language arts, mathematics, science, social studies, and 21st century learning skills. The latter includes civic literacy, health literacy, technology literacy, financial literacy, and employability skills.
  Charter school teacher requirements in core subject areas. Iowa requires the licensure/certification of teachers in charter schools to be identical to those of all other public school teachers.
  Additional subject area licenses based on taking a test. Iowa does not offer state approved exams and requires an individual to finish regionally accredited coursework to add an endorsement.
  License based on experience or equivalency. None.
Michigan:
  Common core state standards initiative. Michigan is one of 48 states that have agreed to adopt a common core of state standards for various subject areas.
  Core subject areas. Michigan defines core academic curriculum content standards as follows: “Recommended model core academic curriculum content standards shall be developed and periodically updated by the state board, shall be in the form of knowledge and skill content standards that are recommended as state standards for adoption by public schools in local curriculum formulation and adoption, and shall be distributed to each school district in the state. The recommended model core academic curriculum content standards shall set forth desired learning objectives in math, science, reading, history, geography, economics, American government, and writing for all children at each stage of schooling and be based upon the “Michigan K-12 program standards of quality"....
  Charter school teacher requirements in core subject areas. Michigan considers charter schools to be public schools. Therefore, the same certification laws apply to charters in the same fashion as any other public school. In essence, charter school teachers are required to hold a valid teaching certificate with endorsement in the subjects to which they are assigned to teach.
  Additional subject area licenses based on taking a test. Michigan requires an individual to complete a state approved endorsement program to receive licensure in an additional subject area.
  License based on experience or equivalency. Michigan has a new legislation providing for alternative route certification. Prerequisites must be met, including passage of the Michigan Test for Teacher Certification basic skills and content examinations before admission to the alternate route program is granted.
Minnesota:
  Common core state standards initiative. Minnesota is one of 48 states that have agreed to adopt a common core of state standards for various subject areas (except math).
  Core subject areas. Minnesota defines core academic subjects as language arts; mathematics; science; social studies, including history, geography, economics, and government and citizenship; health and physical education; and the arts.
  Charter school teacher requirements in core subject areas. Minnesota requires the licensure/certification of teachers in charter schools to be identical to those of all other public school teachers.
  Additional subject area licenses based on taking a test. Minnesota allows teachers in only the science subjects to get another science license based on taking a state approved test.
  License based on experience or equivalency. Minnesota has an active portfolio review process. Applicants must pay a $500 fee. Also, applicants must have taught in the area of discipline and demonstrate competency standards.
Summary of factual data and analytical methodologies
Chapter PI 34 contains the requirements an individual must meet to be licensed as an educator in Wisconsin. It replaced Chapters PI 3 (containing the requirements an individual must meet to be licensed) in 2004 and PI 4 (containing the procedures and standards for approval of professional education programs leading to licensure) in 2000. Chapter PI 34 advanced licensure and educator preparation programs to be standards-based and competency-based rather than credit-based.
Since the passage of Chapter PI 34 ten years ago, changes in teaching, learning, and instructional delivery require further modification to Wisconsin's licensure and educator preparation criteria. Also, modifications need to be made to clarify certain requirements. There is an increasing need for flexibility in licensure to allow rural schools to offer a full range of education offerings to students and allow teachers to more easily obtain licensure in other subjects while meeting the highly qualified teacher provisions under the federal No Child Left Behind Act.
These proposed changes aim to provide more tools to schools and flexibility to educators that at the same time ensure educator quality.
Small Business Impact
The proposed rules will have no significant economic impact nor fiscal impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Fiscal Estimate
Chapter PI 34 contains the requirements an individual must meet to be licensed as an educator in Wisconsin. The proposed changes aim to provide more tools to schools and flexibility to educators that at the same time ensure educator quality.
State fiscal effect
The rule provisions that are likely to have a state fiscal effect include:
  Validating discrete tests in each of the areas of language arts (English literature and composition, journalism, and speech), mathematics (or computer science), science (physical science, chemistry, physics, earth and space, environmental, and biology), and social studies (geography, history, political science, economics, psychology, and sociology). Currently, an individual takes a broadfield test in language arts, science or social studies to receive a specific license within that subject. The costs related to examination validation are indeterminate but will likely be absorbed by the agency. It is assumed that the Educational Testing Service will develop the discrete examinations at no cost to the department but may charge a fee to persons taking the test.
  Developing a process that verifies content competencies for charter school instructional staff teaching in core academic subjects and an equivalency process for individuals to obtain or add additional licenses. The department may solicit bids from higher education institutions and professional associations to plan and provide an appropriate evaluation process to establish the content competencies and equivalency requirements. If an appropriate evaluation process cannot be contracted, the department will have to develop such a process. The department will incur the costs of developing, delivering and administering the evaluation process. These costs are indeterminate. If the department is not able to absorb these costs, it may charge applicants an appropriate fee to cover the costs of the process.
It is unknown whether this rule will have a fiscal effect on the University of Wisconsin (UW) system. A copy of the proposed rules has been submitted to the UW system with a request for a fiscal note.
Local government fiscal effect
By making it easier for teachers to receive additional licenses, the proposed rules may provide flexibility for school districts in making teacher assignments utilizing current staff. Any cost savings associated with such flexibility are indeterminate.
Agency Contact Person
Deborah Mahaffey
Assistant State Superintendent
Division for Academic Excellence
Phone: (608) 266-3361
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss. 15.08 (5) (b), 51.30, 146.82, 227.11 (2) and 440.04, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to revise Chapter RL 7, relating to the Impaired Professionals Procedure.
Hearing Information
Date:   August 6, 2010
Time:   9:00 a.m.
Location:   1400 East Washington Avenue
  Room 121A
  Madison, WI
Appearances at the Hearing and Submittal of Written Comments
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 Pamela Haack, Department of Regulation and Licensing, P.O. Box 8935, Madison, WI 53708-8935. Written comments must be received by August 9, 2010, to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Pamela Haack, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at pamela.haack@wisconsin.gov.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Section 440.03, Stats.
Statutory authority
Sections 15.08 (5) (b), 51.30, 146.82, 227.11 (2) and 440.04, Stats.
Explanation of agency authority
The Department of Regulation and Licensing is authorized under s. 440.03 (1), Stats., to promulgate rules defining uniform procedures to be used by the department and the attached boards, examining boards and affiliated credentialing boards.
Related statute or rule
Ch. RL 7.
Plain language analysis
These proposed rules modernize and clarify the language of ch. RL 7. Under the current rules, the Impaired Professionals Procedure is an alternative to the disciplinary process. Under the proposed rules, the renamed Professional Assistance Procedure may also be used in conjunction with the disciplinary process.
Comparison with federal regulations
None.
Comparison with rules in adjacent states
Illinois:
Each profession is managed independently of other professions. See also section 1285.235 of the Illinois Rules, Mandatory Reporting of Impaired Professionals by Health Care Institutions.
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