Scope Statements
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Revises Chapter PI 13.
Relating to
Limited English proficient pupils.
Rule Type
Permanent.
1. Finding/Nature of the Emergency (Emergency Rule Only).
N/A.
2. Detailed Description of the Objective of the Proposed Rule
1991 Wisconsin Act 269 required the State Superintendent to establish rules that provided criteria for school boards to use when determining whether: to not administer an examination to a limited English-speaking pupil; to permit the pupil to be examined in his or her native language; or to modify the format and administration of an examination for such pupils. Since then, there have been many changes to the underlying statute, s. 118.30 (2) (b) 2., Stats. The proposed rule change will align ch. PI 13 with s. 118.30 (2) (b) 2., Stats. Under s. 118.30 (2) (b) 2., Stats., the governing body of a private school participating in the Milwaukee Parental Choice Program, the Racine Parental Choice Program, or the Wisconsin Parental Choice Program, along with a school board or an operator of an independent charter school, may: determine to not administer an examination to a limited English-speaking pupil; permit the pupil to be examined in his or her native language; or modify the format and administration of an examination for such pupils. Chapter PI 13 was last modified on December 1, 2002. Chapter PI 13 will be updated to reflect the current statute.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
This proposed rule change would modify ch. PI 13 to reflect current statutes and current agency practice.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
118.30 Pupil assessment.
180.30 (2) (b) 2.
According to criteria established by the state superintendent by rule, the school board, operator of the charter school under s. 118.40 (2r), governing body of the private school participating in the program under s. 118.60, or governing body of the private school participating in the program under s. 119.23 may determine not to administer an examination under this section to a limited-English speaking pupil, as defined under s. 115.955 (7), may permit the pupil to be examined in his or her native language, or may modify the format and administration of an examination for such pupils.
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary 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. List with Description of all Entities that may be Affected by the Proposed Rule
This rule change will affect school boards, operators of 118.40 (2r) charter schools, and the governing bodies of private schools participating in the Milwaukee Parental Choice Program, the Racine Parental Choice Program, or the Wisconsin Parental Choice Program.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that 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.
9. Agency Contact
Policy and Budget Team
Katie Schumacher
(608) 267-9127
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Revises Chapter PI 34.
Relating to
Charter school teaching license.
Rule Type
Permanent.
1. Finding/Nature of the Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
2013 Wisconsin Act 20 created s. 115.28 (7) (g), Stats., which requires the Department of Public Instruction (DPI) to grant a charter school teaching license to any person who has a bachelor's degree and demonstrates, based on criteria established by the DPI, that the person is proficient in the subject or subjects he or she intends to teach. Chapter PI 34 will be modified to include the criteria that a person must meet to demonstrate that the person is proficient in the subject or subjects he or she intends to teach.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
This proposed rule change will include the proficiency criteria established by DPI that a person must meet in order to be granted a charter school teaching license. The Department is required to establish criteria by 2013 Wisconsin Act 20.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
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), 118.192, and 118.195; 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.
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary 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. List with Description of all Entities that may be Affected by the Proposed Rule
This rule change could impact public schools, including charter schools and educator preparation programs.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that 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.
9. Agency Contact
Policy and Budget Team
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