Wisconsin Department of Public Instruction STATEMENT OF SCOPE FOR ADMINISTRATIVE RULES | INSTRUCTIONS: Complete for any statement of scope and submit to: POLICY AND BUDGET TEAM ATTN: CARL BRYAN 267-9127 or adminrules@dpi.wi.gov |
GENERAL INFORMATION |
Rule No. PI 34 | Relating to Changes to licensure for orientation and mobility specialists | Rule Type Permanent |
SIGNATURE |
State Superintendent Review ☐ Approved. Begin Drafting Rule ☐ Disapproved. Reason for Disapproval | State Superintendent Signature ➢ | Date Signed Mo./Day/Yr. |
NARRATIVE |
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, 368 Wis. 2d 444. 1. Finding/nature of the emergency (Emergency Rule only). N/A |
2. A description of the objective of the proposed rule. The proposed rule amends chapter PI 34 of the Wisconsin Administrative Code with respect to creating options in the licensure and renewal process for certain orientation and mobility specialists. |
3. A description of the existing policies and new policies included in the proposed rule and an analysis of policy alternatives. Chapter PI 34 of the Wisconsin Administrative Code governs the licensure of related services personnel, including orientation and mobility specialists who are authorized by holding a 5-year renewable license by the Department. The Individuals with Disabiltiies Education Act also defines orientation and mobility as a related service. Under current rule provisions, in order to renew a license in orientation and mobility, licensees must either obtain certification from the Academy for Certification of Vision Rehabilitation and Education Professionals or complete 6 semester credits from an accredited institution of higher education. Upon consultation with the State Superintendent's Advisory Council on Blindness and Visual Impairment, the Department proposes to adjust its practices with respect to licensure and renewal for orientation and mobility specialists. The proposed rule would allow those who hold a license as a teacher of the visually impaired as well as an orientation and mobility license an additional alternative to renew the orientation and mobility license. Additionally, the proposed rule would also recognize certification from the National Blindness Professional Certification Board (NBPCB) for renewal. Without a rule change, the Department would be required to enforce the current standards for orientation and mobility specialists as they exist in PI 34. |
4. The statutory authority for the proposed rule. Under s. 115.28 (7) (c), Stats., the State Superintendent has the authority to license and make rules for the examination and licensing of persons, including teachers, employed to provide publicly funded special education and related services, including orientation and mobility services as provided under s. 115.76 (14) (a) 9., Stats. |
5. An estimate of the amount of time agency employees will spend developing the proposed rule and of other resources needed to develop the rule. The amount of time needed for rule development by Department staff and the amount of other resources necessary are indeterminate. |
6. A description of all of the entities that will be affected by the proposed rule. This rule change could impact local education agencies and individuals seeking to renew their orientation and mobility license under s. 115.28 (7) (c), Stats. |
7. A summary and preliminary comparison of any existing or proposed federal regulation that addresses or is intended to address the activities to be regulated by the proposed rule. N/A |
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses). The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1), Stats. |
