STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING EMERGENCY RULES
The scope statement for this rule, SS 050-16, was published in Register No. 726A1, on June 6, 2016, and approved by State Superintendent Tony Evers on June 20, 2016. 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, 2016 WI 38. ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
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: N/A
Plain language analysis:
PI 34 contains the current administrative rules governing the licensure of school personnel. This emergency 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.
• Expanded 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.
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 address staffing difficulties in school districts, this emergency rule makes changes to existing administrative code to make the teacher licensing process more amenable to school district staffing needs.
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 to Carl Bryan using the contact information above. The Department will publish a hearing notice in the Administrative Register which will provide information on the deadline for the submission of comments.
__________________________________________________________________________________________________
SECTION 1. PI 34.18 (4) is created to read:
(4) Five-year nonrenewable license.
(a) A five-year, nonrenewable professional educator license may be issued to an applicant who meets all of the following requirements:
1. The applicant has attained the age of 55 as of July 1 of the school year in which the license is issued.
2. The applicant holds or has held a license issued under sub. (1), s. PI 34.19, or s. PI 34.20 (2). (b) A license issued under par. (a) shall be in the subject area or position of the license the applicant holds or held under sub. (1), s. PI 34.19, or s. PI 34.20 (2). SECTION 2. PI 34.21 (1) (c) is amended to read:
(c) A license under this subsection may be renewed if the district administrator or designated official of the employing school district requests that the license be renewed and if the applicant satisfactorily completes at least 6 semester credits or the equivalent coursework toward completion of an approved program in the teacher or pupil services area of the emergency license.the applicant did one of the following during the term of the emergency license:
1. Satisfactorily completed at least 6 semester credits in an approved licensure program at an IHE or the equivalent coursework toward completion of a Wisconsin approved alternative route program in the teacher or pupil services area of the emergency license.
2. Attempted to complete all of the tests required for licensure in the teacher or pupil services area of the emergency license.
SECTION 3. PI 34.21 (1) (d) is created to read:
(d) If an applicant does not meet the renewal requirements under par. (c), a license under this subsection may be renewed if the district administrator or designated official of the employing school district submits to the department a written program plan that demonstrates, by clear and convincing evidence, that the applicant will complete licensure requirements in the teacher or pupil services area of the emergency license during the term of the renewed license.
SECTION 4. PI 34.21 (2) (c) and (d) are amended to read:
(c) The district administrator or designated official of the employing school district requests the permit to be issued. This request shall be in writing and shall provide a justification of need. The request shall state that a search for a fully licensed candidate was conducted and that no fully licensed individuals were availableacceptable for the assignment.
(d) A permit under this subsection may be renewed if the district administrator or designated official of the employing school district requests that the permit be renewed. The permit may be renewed if, between the date of issuance and the proposed renewal date, the applicant satisfactorily completes at least 6 semester credits or the equivalent coursework toward completion of an approved program in the teacher or pupil services area of the emergency permit. The request for renewal shall be in writing, shall include a full explanation of the need for renewal and shall state that a search was conducted for a fully-licensed teacher and that a fully-licensed teacher is not available.did one of the following during the term of the emergency license:
1. Satisfactorily completed at least 6 semester credits in an approved licensure program at an IHE or the equivalent coursework toward completion of a Wisconsin approved alternative route program in the teacher or pupil services area of the emergency license.
2. Attempted to complete all of the tests required for licensure in the teacher or pupil services area of the emergency license.
SECTION 5. PI 34.21 (2) (e) is created to read:
