CR 15-029 Rule Text

PROPOSED ORDER OF THE

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION

REVISING PERMANENT RULES

The scope statement for this rule, SS 121-13, was published in Register No. 693 on September 30, 2013, and approved by State Superintendent Tony Evers on October 14, 2013. Pursuant to Coyne v. Walker, the Department of Public Instruction is not required to obtain the Governor’s approval for the statement of scope for this rule. Coyne v. Walker, No. 2013AP416, 2015 WL 686178 (Wis. Ct. App. Feb. 19, 2015).

The State Superintendent of Public Instruction hereby proposes to repeal and recreate PI 37.02 (3m) and PI 37.03 (1) (a) 4. and (b) 4., relating to grants for master educators and nationally board certified educators.

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ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION

Statute interpreted: 115.42, Stats.

Statutory authority: 115.42, Stats.

Explanation of agency authority:

Under s. 115.42, Stats., the Department shall promulgate rules to implement and administer grants for national teacher certification or master educator licensure.

Related statute or rule: None.

Plain language analysis:

The proposed rule change modifies PI 37 as a result of the 2013-15 budget, 2013 Wisconsin Act 20. 2013 Wisconsin Act 20 created s. 115.42 (1) (a) 5., Stats., which provides an additional requirement, that an applicant must have a rating of “effective” or “highly effective” in the applicable educator effectiveness system, in order to receive a grant for national teacher certification or master educator licensure. 2013 Wisconsin Act 20 also created s. 115.42 (2) (d), Stats., which states that in any of the 9 years following receipt of a grant, if the grant recipient fails to maintain a rating of “effective” or “highly effective” in the applicable educator effectiveness system, as determined by the department, he or she is not eligible for a grant in that school year. The change aligns the rule with statue and defines “effective” or “highly effective,” as used in s. 115.42, Stats.

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:

This proposed rule change is needed to align PI 37 with the statutory changes in the 2013-15 budget.

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

[e-mail]

[phone]

Place where comments are to be submitted and deadline for submission:

Comments should be submitted to Carl Bryan, Department of Public Instruction, 125 S. Webster Street, P.O. Box 7841, Madison, WI 53707-7841 or at [e-mail]. The Department will publish a hearing notice in the Administrative Register which will provide information on the deadline for the submission of comments.

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SECTION 1. PI 37 is repealed and recreated to read:

CHAPTER PI 37

2013-15 BUDGET CHANGES TO GRANTS FOR MASTER EDUCATORS AND NATIONALLY BOARD CERTIFIED EDUCATORS

PI 37.01  Purpose. Under s. 115.42, Stats., the state superintendent shall award grants to eligible applicants who are certified by the national board for professional teaching standards or licensed by the department as a master educator under s. PI 34.19. This chapter sets forth criteria and procedures for awarding grants under this program. This chapter also specifies continuing professional education exemptions for national board certificate holders and master educator license holders.

PI 37.02  Definitions. In this chapter:

 (1) "Department" means the Wisconsin department of public instruction.

(1g) “Educator effectiveness system” means the educator effectiveness evaluation system under s. 115.415, Stats.