SS 115-24

Wisconsin Department of Public Instruction STATEMENT OF SCOPE FOR ADMINISTRATIVE RULES

LEGISLATIVE POLICY & OUTREACH TEAM ATTN: CARL BRYAN 266-3275 or [e-mail]

GENERAL INFORMATION

Rule No. PI 34

Relating to Modifying the 1-year, renewable license with stipulations for school psychologists

Rule Type Permanent and Emergency

SIGNATURE

State Superintendent Review ☐ Approved. Begin Drafting Rule ☐ Disapproved. Reason for Disapproval

State Superintendent Signature Ø

Date Signed Mo./Day/Yr.

NARRATIVE

1.   Finding/nature of the emergency (Emergency Rule only). School districts throughout the state are experiencing difficulties obtaining and retaining licensed personnel, including school psychologists. The current rules offer no flexibility for individuals who have enrolled in programs where the program doesn’t grant the master’s degree on their way to earning their education specialist or doctoral degree and endorsement for full licensure. The difficulties under the current rule are negatively impacting the educational experiences of students across the state. An emergency rule is therefore needed to create flexibility in the licensing process for school districts seeking a license to work as a school psychologist. A permanent rule would not be able to provide for this license in time for the current school year; therefore, an emergency rule is necessary until the process for promulgating a permanent rule can be completed.

2.   A description of the objective of the proposed rule. The objective of the proposed rule is to modify the eligibility criteria a tier I, 1-year renewable license with stipulations for school psychologists to those enrolled in an education specialist or doctoral degree program that do not include the conference of a master’s degree. Under the proposed rule, the state superintendent may issue a tier I license to an applicant who has completed the equivalent to the training required for a master’s degree in school psychology while enrolled in a school psychologist program leading to an education specialist or doctoral degree.

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 contains the rules governing school personnel, including those holding a license to work as a school psychologist. Under the current rule, the state superintendent may issue a tier I license as a school psychologist in two instances: 1) to an applicant who holds a master’s degree or higher for those who have not met all of the requirements for a tier II license but completed all of the coursework at an approved program or program approved in another state leading to licensure in a school setting under s. 34.028 (2) (a) 3. and 2) to an applicant with a master’s degree in the area of licensure and verification of enrollment in an approved program leading to the school psychologist license under s. 34.028 (2) (c) 1. c. for those hired to fill a school district, CESA, charter school or private school need. The current rules offer no flexibility for individuals who have enrolled in programs where the program doesn’t grant the master’s degree on their way to earning a doctor of philosophy, doctor of education, education specialist degree, or the equivalent, and endorsement for full tier II licensure. The proposed rule would amend s. PI 34.028 (2), Wis. Admin. Code, to provide that the state superintendent may issue a tier I, renewable license to an applicant who has completed the equivalent to the training required for a master’s degree in school psychology while enrolled in a school psychologist program leading to a doctor of philosophy, doctor of education, education specialist degree, or the equivalent. Without a rule change, the department would be required to implement ch. PI 34 as the rules currently exist, and school districts will be left without the flexibility to address this shortage area.

4.   The statutory authority for the proposed rule. Under s. 115.28 (7) (c), Wis. 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.

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 would affect individuals pursuing work as school psychologists while enrolled in programs that do not award a master’s degree as part of the path toward earning their education specialist or doctoral degree and obtaining full licensure endorsement.

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. Because educator licensure in the United States is typically governed by each state and local government, federal regulations are generally silent with respect to the issuance of teacher licenses, including school psychologists. As a result, the requirements for licensure vary by state.