Chapter PI 34

subch. III of ch. PI 34 Subchapter III — Program Approval and Standards

PI 34.005 PI 34.005 Applicability. This subchapter governs the state superintendent’s review and approval of educator preparation programs under ss. 115.28 (7) and 118.19 (3), Stats., beginning on the effective date of this chapter.

PI 34.005 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

PI 34.006 PI 34.006 Definitions. In this subchapter:

PI 34.006(1) (1) “Institution” means one or more accredited colleges or universities offering an educator preparation program.

PI 34.006(2) (2) “Student” means an individual enrolled in an educator preparation program.

PI 34.006(3) (3) “Entity” means one of the following or a consortium of the following:

PI 34.006(3)(a) (a) CESA.

PI 34.006(3)(b) (b) Community-based organization.

PI 34.006(3)(c) (c) Institution.

PI 34.006(3)(d) (d) Non-profit organization.

PI 34.006(3)(e) (e) Private enterprise.

PI 34.006(3)(f) (f) School.

PI 34.006(3)(g) (g) School district.

PI 34.006 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

PI 34.007 PI 34.007 Program approval.

PI 34.007(1) (1) Eligibility. An entity may apply under sub. (2) for the state superintendent’s approval of its educator preparation program if all of the following applies:

PI 34.007(1)(a) (a) The entity’s educator preparation program is headquartered and physically located in the state of Wisconsin.

PI 34.007(1)(b) (b) If the entity does not have its principal campus in the state of Wisconsin, the entity is approved by department of safety and professional services under s. 440.52, Stats.

PI 34.007(2) (2) Submission of evidence. An entity seeking the state superintendent’s approval of its educator preparation program shall submit to the department written evidence of all of the following:

PI 34.007(2)(a) (a) The entity’s relevant policies and practices affecting the preparation of professional school personnel under ss. PI 34.013 to 34.018.

PI 34.007(2)(b) (b) The entity’s conceptual framework under ss. PI 34.019 to 34.024.

PI 34.007(2)(c) (c) The entity’s assessment system used to evaluate candidate quality as measured against the standards under subch. II and how the assessments are used to evaluate and improve the educator preparation program.

PI 34.007(2)(d) (d) The entity’s systematic, ongoing collaboration with employing schools and school districts.

PI 34.007(3) (3) Initial approval. The state superintendent shall make a decision within 60 days of receiving an entity’s submission of evidence under sub. (2). The state superintendent shall grant initial approval if the educator preparation program meets all of the requirements under subchs. III and IV. If approved, the term of initial approval shall be for 5 years.

PI 34.007(4) (4) Maintaining initial approval. If the state superintendent grants initial approval under sub. (3), the state superintendent shall conduct an onsite annual review of the educator preparation program at the end of each of the first four years. Based on the onsite annual reviews, the state superintendent shall do one of the following if the educator preparation program does not meet all of the requirements under subchs. III and IV:

PI 34.007(4)(a) (a) Require the educator preparation program to complete a program improvement plan under s. PI 34.008.

PI 34.007(4)(b) (b) Conduct an onsite comprehensive review.

PI 34.007(5) (5) Comprehensive review.

PI 34.007(5)(a) (a) When conducted. The state superintendent shall conduct an onsite comprehensive review of an educator preparation program if any of the follow occurs:

PI 34.007(5)(a)1. 1. The state superintendent determines during a review under sub. (4) or (6) that an educator preparation program is not in compliance with all of the requirements under subchs. III and IV.

PI 34.007(5)(a)2. 2. An educator preparation program reaches the end of the fifth year of initial approval.

PI 34.007(5)(b) (b) Scope of review. The comprehensive review shall determine whether the educator preparation program successfully prepares candidates for licensure and meets all of the requirements of this subchapter.

PI 34.007(5)(c) (c) Outcome. Based on the onsite comprehensive review, the state superintendent shall do one of the following:

PI 34.007(5)(c)1. 1. Allow the educator preparation program to maintain its current status if the educator preparation program meets all of the requirements of under subchs. III and IV.

PI 34.007(5)(c)2. 2. Grant full approval if the educator preparation program is being reviewed under par. (a) 2. and the program meets all of the requirements under subchs. III and IV.

PI 34.007(5)(c)3. 3. Require the educator preparation program to complete a program improvement plan under s. PI 34.008.

PI 34.007(5)(c)4. 4. Deny approval if the educator preparation program is being reviewed under s. PI 34.008 and the program does not meet all of the requirements under subchs. III and IV.

PI 34.007(6) (6) Maintaining approval. If an educator preparation program is approved under sub. (5) (c), the state superintendent shall annually extend approval for one year if all of the following occur:

PI 34.007(6)(a) (a) An onsite continuous review process visit demonstrates that the educator preparation program successfully prepares candidates for licensure.

PI 34.007(6)(b) (b) The educator preparation program is in compliance with all of the requirements of this chapter.

PI 34.007(7) (7) Professional standards council. The state superintendent may consider any comments or recommendations submitted by the professional standards council prior to making a decision under sub. (3) or (5) (c).

PI 34.007(8) (8) Program changes. An entity shall seek the state superintendent’s approval under sub. (3) prior to implementing a new educator preparation program or making substantive changes in an approved program. Substantive changes include changes to any of the following:

PI 34.007(8)(a) (a) The assessment system.

PI 34.007(8)(b) (b) The entity’s ownership.

PI 34.007(8)(c) (c) The content guidelines or standards.

PI 34.007 History History: CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (2) (a), (b) made under s. 35.17, Stats., Register May 2018 No. 751.

PI 34.008 PI 34.008 Program improvement plan. If the state superintendent determines that a program improvement plan is required under s. PI 34.007 (4) (a) or (5) (c) 3., the state superintendent shall provide written notice to the educator preparation program. The notice shall include all of the following:

PI 34.008(1) (1) A description of the specific areas of noncompliance.

PI 34.008(2) (2) A description of the program improvement plan, including the specific improvements the educator preparation program is required to submit to the department and the deadline for submission.

PI 34.008(3) (3) Notification that the entity’s plan to address the areas in need of improvement shall be submitted to the department within 30 days of the date of the notice.

PI 34.008(4) (4) Notification of the date that the state superintendent will conduct an onsite review to determine whether the educator preparation program corrected the areas of noncompliance. The onsite review date shall occur within 90 calendar days of the written notification.

PI 34.008(5) (5) Notification of whether the educator preparation program may continue to admit students or provide institutional endorsement or both while on the program improvement plan.

PI 34.008 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; EmR1909: emerg. am. (4), eff. 1-14-19; CR 19-034: am. (4) Register February 2020 No. 770, eff. 3-1-20.

PI 34.009 PI 34.009 Denials and appeal rights.

PI 34.009(1) (1) Denials. If the state superintendent determines that an educator preparation program does not meet the requirements under this subchapter or subch. IV or that an educator preparation program did not correct the areas of noncompliance within the specified time period under s. PI 34.008, the state superintendent shall deny approval. The denial letter shall include all of the following:

PI 34.009(1)(a) (a) The legal and factual basis for the denial, including the specific areas of noncompliance.

PI 34.009(1)(b) (b) The educator preparation program’s appeal rights under sub. (2).

PI 34.009(2) (2) Appeal rights. An educator preparation program may appeal a denial under sub. (1) by filing a written request for a hearing within 30 days of the date of the notice. The written request shall include all of the following:

PI 34.009(2)(a) (a) The specific grounds for the hearing request, including each of the specific material facts or legal issues that are in dispute. Any material fact or legal issue that is not disputed shall be deemed admitted.

PI 34.009(2)(b) (b) If the educator preparation program asserts that a mistake of fact was made, the program shall include a concise statement of the essential facts which the program intends to prove at the hearing.

PI 34.009(2)(c) (c) If the educator preparation program asserts a mistake of law, the program shall include a concise statement of the law upon which the program relies.

PI 34.009(2)(d) (d) Any affirmative defense the educator preparation program intends to assert. The program’s failure to raise an affirmative defense shall constitute a waiver of that defense.

PI 34.009(3) (3) Granting or denying request. The state superintendent may only grant a request for a hearing if all of the following apply:

PI 34.009(3)(a) (a) The request complies with all of the requirements under sub. (2).

PI 34.009(3)(b) (b) The appellant is entitled to a hearing under s. 227.42, Stats.

PI 34.009(4) (4) Notification to students. If an educator preparation program does not submit an appeal under sub. (2) or the state superintendent denies an appeal under sub. (3), the educator preparation program shall provide written notice to each prospective and currently enrolled student in the program of the denial. Within 15 days of receiving notice of denial, the educator preparation program shall submit to the department the names of all students currently enrolled in the educator preparation program and the program’s plan to assist currently enrolled students in completing the program.

PI 34.009 History History: CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (1) (intro.) made under s. 35.17, Stats., Register May 2018 No. 751.

PI 34.010 PI 34.010 Hearings and final decision.

PI 34.010(1) (1) Hearing examiner. If the state superintendent grants a hearing request for a hearing under s. PI 34.009 (3), the state superintendent shall nominate an independent hearing examiner. The independent hearing examiner shall do all of the following:

PI 34.010(1)(a) (a) Schedule a hearing within 60 days of the date the hearing request was received by the state superintendent.

PI 34.010(1)(b) (b) Not admit any evidence of educator preparation program changes implemented after the date specified in s. PI 34.008 (2).

PI 34.010(1)(c) (c) Within 60 days of the date of the hearing, issue a proposed decision for the state superintendent.

PI 34.010(2) (2) Final decision. The state superintendent shall issue a final decision and order to approve, reverse, or modify the proposed decision issued under sub. (1) (c).

PI 34.010(3) (3) Notification to students. If the state superintendent issues a final decision and order which denies approval of the educator preparation program, the program shall comply with all of the requirements under s. PI 34.009 (4).

PI 34.010 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

PI 34.011 PI 34.011 Experimental or innovative programs.

PI 34.011(1) (1) Request for approval. An entity may request the state superintendent’s approval of an experimental or innovative educator preparation program that does not comply with one or more requirements contained in this subchapter or subch. IV by submitting the written evidence required under s. PI 34.007 (2). The written evidence shall be submitted to the state superintendent prior to the experimental or innovative educator preparation program’s implementation. The written evidence shall indicate how the experimental or innovative educator preparation program does one or more of the following:

PI 34.011(1)(a) (a) Develops new approaches, arrangements, or contexts for the preparation of school personnel.

PI 34.011(1)(b) (b) Meets the special needs of particular segments of society, such as students of color, disadvantaged, or nontraditional students.

PI 34.011(1)(c) (c) Prepares school personnel for new types of positions that are emerging at the elementary, middle, or high school level.

PI 34.011(1)(d) (d) Improves the pool of candidates for a school districts by fostering cooperation between entities.

PI 34.011(2) (2) Approval. The state superintendent shall grant initial approval under s. PI 34.007 (3) if the state superintendent determines that the experimental or innovative educator preparation program meets the requirements under sub. (1).

PI 34.011(3) (3) Maintaining approval. If an educator preparation program is approved under sub. (2), the state superintendent shall annually extend approval for one year if all of the following occur:

PI 34.011(3)(a) (a) An onsite review visit demonstrates that the educator preparation program successfully prepares candidates for licensure.

PI 34.011(3)(b) (b) The educator preparation program is in compliance with the requirements of this chapter, modified as initially approved under sub. (2).

PI 34.011 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; correction in (1) made under s. 35.17, Stats., Register July 2018 No. 751; EmR1909: emerg. am. (2), cr. (3); CR 19-034: am. (2), cr. (3) Register February 2020 No. 770, eff. 3-1-20.

subch. IV of ch. PI 34 Subchapter IV — Program Support

PI 34.012 PI 34.012 Definitions. In this chapter: