ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING EMERGENCY RULES
The scope statement for this rule, SS 050-18, was published in Register No. 749A3, on May 21, 2018, and approved by State Superintendent Tony Evers on June 2, 2018. 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 and recreate s. PI 34.041, relating to changes to lifetime licenses as a result of 2017 Wisconsin Act 206.
ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Explanation of agency authority:
The Department is given authority to promulgate rules with respect to defining successful completion of 6 semesters of experience, and regular employment in education, for the purpose of receiving and maintaining a lifetime license under s. 118.19 (bg), Stats.:
118.19 Teacher certificates and licenses; administrator and pupil services professional licenses.
(bg) 1. The department may issue a lifetime license under this subdivision to an individual who obtained a provisional license under par. (a) or (bc) if the individual has successfully completed 6 semesters of teaching, administrating, or pupil services experience, as defined by the department by rule.
2. An individual who does not successfully complete 6 semesters of teaching, administrating, or pupil services experience, as defined by the department by rule, within the 3-year term of a provisional license issued under par. (a) or (bc) may apply to renew the provisional license. There is no limit to the number of times an individual may renew a provisional license under par. (a) or (bc).
Plain language analysis:
The proposed rule specifies successful completion of six semesters of experience, for the purpose of receiving a lifetime license. The proposed rule also defines what it means for educators to be regularly employed in education, a condition for maintaining a lifetime license.
Summary of, and comparison with, existing or proposed federal regulations:
Because education in the United States is typically governed by each state and local government, federal regulations are generally silent with respect to teacher licensure. As a result, the requirements for teacher licensure are regulated by and vary by state.
Comparison with rules in adjacent states:
-Illinois (Illinois Compiled Statutes 105 ILCS 5/21B-5): The Illinois State Board of Education provides that after holding an Initial Teaching Certificate and teaching for four years, applicants may apply for a Standard Teaching Certificate. During these four years, applicants must also complete one of the following professional development options: 1) complete an approved induction and mentoring program; 2) receive an advanced degree; 3) become certified by the National Board for Professional Teaching Standards; 4) complete 12 semester hours of graduate-level coursework; 5) receive a Professional Development Certificate (NBPTS) indicating 12 hours of study; 6) receive another certificate or endorsement; 7) complete four semester hours of graduate-level coursework in self-assessment or NBPTS certification preparation; or 8) complete 60 Continuing Professional Development Units. Once a Standard Teaching Certificate is obtained, it is valid for five years and may be renewed by submitting an assurance statement along with demonstrated completion of one of the aforementioned professional development options.
-Iowa (Iowa Administrative Code Chapter 282.13): The Iowa Board of Educational Examiners provides that an Initial Teaching License may be converted to a Standard License after two years provided that applicants meet the following requirements: 1) complete the Application for Conversion from an Initial to a Standard License; 2) enclose the appropriate application fee; and 3) have the applicant’s school administrator verify that the applicant has completed a mentoring an induction program, have two full years of teaching experience, and meets or exceeds the standards for Iowa teachers. Once a Standard License is achieved, it is valid for five years and may be renewed during that time by meeting the following requirements: 1) complete six credits from a regionally accredited college/university which adds depth to the applicant’s current endorsement; counts toward the completion of a graduate degree; leads to completing requirements for an additional endorsement; comes from Iowa licensure renewal courses approved by the Board of Educational Examiners; and/or is earned by receiving certification from NBPTS (up to four credits); and 2) complete the mandatory child and dependent adult abuse mandatory reporter training.
-Michigan (Michigan Administrative Code Section R 390.1101-390.1216): The Michigan Department of Education provides that Provisional Teaching Certificates are valid for six years and that applicants must meet the following requirements within that time to become qualified for a Professional Education Certificate: 1) complete the new teacher induction/teacher mentoring program, which is a cooperative between the employing school district and the Michigan Department of Education; 2) complete 18 semester hours at a Michigan college/university teacher preparation program beyond the highest degree attained; 3) have at least three years of teaching experience under the Provisional Teaching Certificate; 4) meet applicable state reading methods requirements; and 5) complete three semester hours of reading diagnostics and remediation including field experience. Once a Provisional Teaching Certificate is obtained, it is valid for five years and may be renewed by completing six semester hours at an approved Michigan college or university and/or complete 18 State Boarding Continuing Education credits.
-Minnesota (Minnesota Administrative Rules Chapter 8710): The Minnesota Department of Education provides that applicants may renew their licensure upon the expiration of their first time, full professional Minnesota teaching license, which is valid for five years. During the validity of the first full teaching license, applicants must complete 125 professional development hours which include courses representing a combination of each of the four areas: 1) positive behavior intervention strategies; 2) accommodation, modification, and adaptation of curriculum, materials, and instruction; 3) key warning signs for early-onset mental illness in children and adolescents; and 4) reading preparation. A valid professional license shall be renewed for a subsequent period of five years when an applicant presents verification that the applicant has, within the past five years, successfully completed at least 125 clock hours of professional development.
Summary of factual data and analytical methodologies:
2017 Wisconsin Act 59, the 2017-19 biennial budget, made several changes to the teacher licensure process, including the elimination of renewal requirements and the creation lifetime licenses without an expiration date. The Act also provided that the Department may issue a lifetime license to an individual who obtained a provisional license and if the individual has successfully completed semesters of teaching, administrating, or pupil services experience. Since Act 59 was enacted, 2017 Wisconsin Act 206 added a requirement for the Department to promulgate rules that define successful completion of six semesters of experience in order to qualify for lifetime licenses. Act 206 also required the Department to define regular employment in education for the purpose of maintaining a lifetime license. As such, there are no policy alternatives because the Department is required to promulgate a rule regarding lifetime licenses.
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