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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 8

Relating to Updating the definition of direction under ch. PI 8

Rule Type Permanent

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). N/A

2.   A description of the objective of the proposed rule. The purpose of the proposed rule is to revise ch. PI 8 of the Wisconsin Administrative Code by updating the definition of “direction” as it relates to required services provided by a school district under the direction of a licensed educator.

3.   A description of the existing policies and new policies included in the proposed rule and an analysis of policy alternatives. Chapter PI 8 of the Wisconsin Administrative Code establishes the minimum standards for school district instructional programs. This foundational regulation ensures that all public school districts in Wisconsin remain compliant with the requirements in s. 121.02, Wis. Stats., relating to school district standards, and provide equitable and comprehensive educational opportunities through requirements related to curriculum, staffing, pupil services, and district-wide planning. A key provision of ch. PI 8, Wis. Admin. Code, provides that certain services must be delivered under the direction of a licensed educator including library media, and instruction in areas such as health, physical education, art, and music. This requirement is intended to enforce professional oversight and compliance with department licensing standards to ensure educational quality and student well-being. Under s. PI 8.011 (5m), Wis. Admin. Code, the term “direction” is defined to include planning, consultation, in-service training, and periodic review in relation to the required services provided by a school district under this chapter. However, the term is currently used in the rule only within the phrase “under the direction of a licensed [subject] teacher,” and does not clearly address situations where a licensed subject-area teacher is directing instruction delivered by a classroom teacher in a self-contained elementary setting. It also lacks clarity regarding the scope of involvement the licensed teacher must have, compared to the classroom teacher who is delivering the instruction. As a result, the purpose of this proposed rule is to amend ch. PI 8, Wis. Admin. Code, to update and clarify the definition of “direction,” ensuring it more accurately reflects requirements around instructional arrangements and provides clearer guidance for implementation of the current rule. Without a rule change, the department would be required to implement ch. PI 8, Wis. Admin. Code, as the rules currently exist, which could result in inconsistent implementation among school districts and potential compliance challenges relating to staffing and instructional oversight.

4.   The statutory authority for the proposed rule. Under s. 121.02 (5), Wis. Stats., the state superintendent shall promulgate rules to implement and administer the statutes related to school district standards.

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 time and resources required for rule development by department staff cannot be predicted; however, the department anticipates that any costs associated with rulemaking can be absorbed within existing department resources.

6.   A description of all of the entities that will be affected by the proposed rule. Educator preparation programs, school districts, educators, and professional organizations representing educators may be impacted by the proposed rule.

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 preparation and licensure in the United States are typically governed by each state and local government, federal regulations generally do not address the issuance of teaching licenses or the standards for educator preparation. As a result, licensure and preparation requirements vary by state.