ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING EMERGENCY RULES
The scope statement for this rule, SS 020-17, was published in Register No. 734B, on February 27, 2017, and approved by State Superintendent Tony Evers on March 10, 2017. 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, 368 Wis.2d 444. The State Superintendent of Public Instruction hereby adopts an order to repeal ss. PI 34.01 (53), 34.14 (1) (a) 1. to 3., and 34.33 (5m); to renumber and amend ss. PI 34.14 (1) (a) (intro.); to amend ss. PI 34.14 (1) (intro.), 34.15 (2) (a) 3. a., 34.17 (4) (a) (intro.) and (b) and (5), 34.18 (2) (a) (intro.) and (b) and (c) (intro.), and 34.30 (2); to repeal and recreate s. PI 34.21; and to create ss. PI 34.01 (18g), 34.17 (4) (e), 34.18 (1) (e) and (2) (g), 34.30 (2) (p), and 34.34 (21); relating to stakeholder workgroups revisions to licensure.
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: PI 34 contains the current administrative rules governing the licensure of school personnel. Clearinghouse Rule 16-086 relating to flexible licensure options under PI 34, which became effective on June 1, 2017, made several changes to the existing rule to make teacher licensing more amendable to school district staffing needs, which includes increasing the number of pathways to licensure, reducing the regulatory burden on license applicants, and reducing the time it takes to obtain a license. This emergency rule seeks to build upon the changes made by CHR 16-086 by implementing additional changes that make teacher licensing more flexible.
Plain language analysis:
Through its work with stakeholder groups, the Department has identified administrative rule changes that help school districts address teacher shortages, beginning with CHR 16-086 which became effective on June 1, 2017. Additional changes to PI 34 are being advanced by the Department which build upon the changes made by CHR 16-086 in this emergency rule. In order to continue implementing solutions that help school districts address staffing difficulties, the emergency rule provides further flexibility, transparency, and clarity around the teacher licensing process by doing the following:
• Creating a one-year License with Stipulations (replacing emergency licenses and permits) for:
• Teachers and pupil services professionals from another state who have not met Wisconsin testing requirements;
• Speech Language Pathologists who hold a valid license from DSPS; and
• If a district cannot find a fully licensed teacher or pupil services professional, an individual with a bachelor’s degree.
• Creating a three-year License with Stipulations as part of a district-sponsored pathway for experienced teachers to receive another teacher license in a new subject or developmental level.
• Issuing licenses to teachers from another state who have successfully completed the edTPA or the National Board process (Foundations of Reading Test still required).
• Starting January 1, 2018, allowing Initial and Professional Educators to use professional growth goals and work in Educator Effectiveness as another option to renew or advance their license.
• Allowing educator preparation programs flexibility in their admissions policies by removing specific testing (Praxis CORE) and GPA requirements from rule.
• Allowing teacher and pupil services candidates to demonstrate content knowledge with a 3.0 or higher GPA in license area or by successfully completing a content-based portfolio.
• Removing the master’s degree requirement for the Library Media Specialist License and make it a stand-alone license based on completion of a major.
• Creating a Junior Reserve Officer Training Corps teaching license allowing someone who has been certified as a JROTC instructor by a branch of the military to teach JROTC courses in a high school.
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:
PI 34 contains the current administrative rules governing the licensure of school personnel. Section 115.425, Wis. Stats., and PI 34.36, Wis. Admin. Code, provide the duties of the Professional Standards Council for Teachers, which advises the State Superintendent of Public Instruction on matters pertaining to the licensure of teachers. In its advisory capacity, the Professional Standards Council reviews and makes recommendations for administrative rules related to teacher preparation, licensure and regulation. The PSC developed a strategic plan for addressing school staffing challenges in Wisconsin with the goal of developing, supporting, and retaining teachers, and some of those recommendations were used in this rule development. Such strategies include fewer licenses with greater flexibility, easing the licensing process for out-of-state license holders, reducing the testing burden, and expanding pathways into the profession. Without this emergency rule, the current rule would still be in effect and the Department would continue to administer school personnel licensure as it exists in PI 34.
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)
Budget and Policy Analyst
Wisconsin Department of Public Instruction
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 firstname.lastname@example.org. The Department will publish a hearing notice in the Administrative Register which will provide information on the deadline for the submission of comments.