PROPOSED ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
REVISING PERMANENT RULES
The scope statement for this rule, SS 104-21, was published in Register No. 791A4, on November 22, 2021, and approved by State Superintendent Jill K. Underly on December 9, 2021. ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Explanation of agency authority:
The state superintendent is authorized under s. 115.28 (7) (a), Stats., to make rules establishing standards of attainment and procedures for licensing of teachers in the state.
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, 118.1915, 118.192, 118.193, 118.194, 118.195, and 118.197; 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:
The objective of the proposed rule is to amend ch. PI 34 of the Wisconsin Administrative Code with respect to the department’s Tier I, 3-year school district-sponsored license with stipulations. The revisions include but are not limited to the following clarifications: 2.
The length of time after the expiration of the license within which an individual must submit written evidence for approval.3.
The validity of the license if the applicant leaves the employment of the sponsoring district.4.
The ability to issue another Tier I, 3-year school district-sponsored license with stipulations to an applicant if requested by another school district.5.
The use of national standards or content guidelines in the department’s review process for issuing Tier II or III licenses.6.
Early completion of a Tier I, 3-year school district-sponsored license with stipulations requirements and relationship to a Tier III license.7.
Timelines for submission of required materials for advancement to a Tier II or III license.8.
The status of the license in the year of experience in the employing district, CESA, or residential school.9.
The ability to receive a Tier I, 3-year school district-sponsored license with stipulations to teach alternative education under s. PI 34.077.Summary of, and comparison with, existing or proposed federal regulations:
Under 34 CFR § 300.156(c)(2)(i)(C), teachers who are not fully licensed are prohibited from teaching special education students for more than three years. Summary of any public comments and feedback on the statement of scope for the proposed rule that the agency received at a preliminary public hearing and comment period held and a description of how and to what extent the agency took those comments into account in drafting the proposed rule:
The Department held a preliminary public hearing and comment period on December 3, 2021 and did not receive any comments on the statement of scope for the proposed rule.
Comparison with rules in adjacent states:
There are no comparable rules governing school district-sponsored licensure in adjacent states.
Summary of factual data and analytical methodologies:
Chapter PI 34 of the Wisconsin Administrative Code contains the current rules governing the licensure of school personnel, including rules around receiving a Tier I, 3-year school district-sponsored license with stipulations. Section PI 34.029 authorizes a license holder to teach in a subject area or grade level other than the subject area or grade level covered by the license holder's valid Tier II, III, or IV license and only authorizes the license holder to teach in the school district, CESA, or residential school which requested the license. Under the rule, licensees are permitted to add additional licenses through work done with their employing school district and upon submission of evidence the applicant is proficient to the state superintendent or an approved educator preparation program. Since the rule was promulgated in August 2018, the Department has identified further points of clarification within the rule which are intended to create transparency for license applicants and to clarify licensing requirements, licensing processes, and application timelines. Without a rule change, the Department will be required to implement rules for educator licensure as they currently exist in PI 34 and applicants for educator licenses may face unclear guidance on license requirements as a result. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
N/A
