PROPOSED ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING EMERGENCY RULES
The scope statement for this rule, SS
064-15
, was published in
Register No. 716A1
, on August 3, 2015, and approved by
State
Superintendent
Tony
Evers, on
August 17, 2015.
Pursuant to
Coyne v. Walker
, the Department of Public Instruction is not required to obtain the Governor’s approval for the statement of scope for this rule.
Coyne v. Walker
,
2015 WI App 21
,
361 Wis.2d 255
.
__________________________________________________________________________________________________
ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Statute interpreted:
115.28 (7) (a), Stats.
Statutory authority:
115.28 (7) (a), Stats.
Explanation of agency authority:
115.28
General duties.
The state superintendent shall:
(7
)
Licensing of teachers.
115.28(7)(a)
(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
,
118.192
,
118.193
,
118.194
, 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.
Related statute or rule:
N/A
Plain language analysis:
The proposed rule will align PI 34 with current statute, which was modified by
2015 Wisconsin Act 55
.
2015 Wisconsin Act 55
created three new license types under s.
115.28 (7) (a)
, Stats., providing for the attainment of an experience-based technical education license, a license based on reciprocity, and an initial license to teach at a Montessori school or program. The proposed rule will make any necessary changes to PI 34 as a result of these statutory changes and establish standards of attainment and procedures for the licensing of teachers under these three new license types.
Summary of, and comparison with, existing or proposed federal regulations:
N/A
Comparison with rules in adjacent states:
N/A
Summary of factual dat
a and analytical methodologies:
The proposed rule will make any necessary changes to PI 34 as a result of
2015 Wisconsin Act 55
with respect to the new license types provided under 115.28 (7) (a).
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
N/A
Anticipated costs incurred by private sector:
N/A
Effect on small business:
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a)
, Stats.
Agency contact person: (including email and telephone)
Carl Bryan
Budget and Policy Analyst
Wisconsin Department of Public Instruction
(608) 267-9127
Place where comments are to be submitted and deadline for submission:
Comments should be submitted to Carl Bryan, Department of Public Instruction,
125
S. Webster Street, P.O. Box 7841, Madison, WI 53707-7841 or at
Carl.Bryan@dpi.wi.gov
. The Department will publish a hearing notice in the
Administrative Register
which will provide information on the deadline for the submission of comments.
__________________________________________________________________________________________________
SECTION 1.
PI 34.02 is amended to read:
PI 34.02 Teacher standards.
Except as otherwise provided in this chapter,
To
to
receive a license to teach in Wisconsin, an applicant shall complete an approved program and demonstrate proficient performance in the knowledge, skills
,
and dispositions under all of the following standards:
SECTION 2. PI 34.03 is amended to read:
PI 34.03 Administrator standards.
Except as otherwise provided in this chapter,
To
to
receive a license in a school administrator category under s.
PI 34.32
, an applicant shall complete an approved program in school administration and demonstrate proficient performance in the knowledge, skills
,
and dispositions under all of the following standards:
SECTION 3. PI 34.244 is created to read:
34.244 Montessori license.
(a
)
The department shall grant an initial educator license to teach at a Montessori school or program if an applicant meets the requirements of s.
118.194 (1)
, Stats. The level of the license issued under this paragraph shall be based on the levels approved by the accredited Montessori training program
that
the applicant
completed.
(b
)
A license issued under par. (
a
)
is
valid for 5 years and is not renewable.
(c
)
After the expiration of an
initial license issued under par
.
(a), the department may grant
a professional educator license to teach at a Montessori school or program in the levels approved by the accredited Montessori training program if the applicant meets the advancement requirements of a professional educator license under s.
PI 34.17 (4)
.
SECTION 4. PI 34.34 (19) and (20) are created to read:
(19)
EXPERIENCE-BASED TECHNICAL EDUCATION LICENSE.
(a
)
In
this subsection
:
1.
“
T
echnology education subject”
means a subject
referred to in the technology education content
areas
included in the Wisconsin Student Standard
s
for Technology and Engineering
.
2. “T
echnology-related occupation” means an occupation
that
directly relates to a technology education subject.
(b)
An initial license to teach a technical education subject shall be issued to an applicant who
does all of
the following:
1. Meets the minimum requirements of s.
118.191(2)
, Stats.
2. Enters into an agreement with the school board of the school district in which the applicant has received an offer of employment
that requires the applicant
to complete a curriculum in professional development training
during the term of the initial license
,
as determined by that school board.
The applicant shall include a
copy of this agreement
with
the application
to the department
for
the
license.
(c)
An initial license issued under par. (b)
shall
be issued for a 3-year period and is only valid in the school district that presented the offer of employment.
(d)
Upon expiration of the initial license issued under par. (b), the department shall issue the educator a 5-year professional teaching license, valid only in the school district that presented the original offer of employment, to teach a technical education subject if all of the following apply:
1. The applicant is eligible for a teaching license under this subsection.
2. The applicant has completed the curriculum agreed to under par. (b)
2
.
to
the satisfaction of the school board of the school district where the applicant teaches.
3. The applicant submits to the department evidence of completion of the curriculum agreed to under par. (b) 2.
(e)
The requirements in s. PI 34.18 (2) shall apply to
all
subsequent renewals of the license issued under par. (d).
(f)
For purposes of s.
118.191
(6)
,
Stats.,
an application under this subsection is considered received
by the department
if all sections are completed and payment
of the applicable fee
is submitted.
(20)
LICENSE BASED ON RECIPROCITY.
(a)
The department shall grant an initial educator license to an individual who meets the requirements of s.
118.193 (2)
, Stats. A license issued under this paragraph
is
valid for 5 years and
is nonrenewable.
(b)
The department shall grant a professional
educator
license to an individual who received a license under par. (a)
and
submits evidence to the department of all of the following:
a. Meeting the advancement requirements under s.
PI 34.17 (4
)
.
b. Meeting the requirements under s.
PI 34.16 (1)
.
c. Meeting the testing requirements under s.
PI 34.15 (2) (a) 3.
a
.
d. Meeting the testing requirements under s.
118.19 (14)
,
Stats.,
if
applicable.
(c)
The department shall grant an initial educator administrator license to an individual who meets the requirements of s.
118.193
(3)
, Stats
. A license issued under this paragraph
is
valid for 5 years and is nonrenewable.
(d)
The department shall grant a professional educator administrator level license to an individual who received a license under par. (c)
and
submits evidence to the department of all of the following:
a. Meeting the advancement requirements under PI 34.17 (4).
b. Meeting the requirements under s.
PI 34.32
.
c. Meeting the testing requirements under s.
118.19 (14)
,
Stats.,
if
applicable.
(e)
The department shall determine that a license from another state is in good standing under ss.
118.19 (2) (a)
and
118.19 (3) (a)
,
Stats.,
if the license is current and the individual is not under investigation by the proper license authority of that state for any reason.
(f)
The department shall determine that an applicant meets the teaching requirement under s.
118.193 (2) (b)
, Stats., if the applicant engaged in full-time teaching, as defined under
s.
PI 34.01 (20)
, for at least one year.
(g)
The department shall determine that an applicant meets the offer of employment requirement under s.
118.19 (2) (c)
and
(3) (c)
, Stats., if
the employment is in
the
subject
area of
the applicant’s
licensure and the
offer of
employment is
for
regular employment as defined in s.
PI 34.01 (48)
.
(h)
A license under this section is not available to anyone who holds or has held an equivalent educator or administrator license
issued by the department
.
SECTION 5. STATEMENT OF EMERGENCY:
FINDING OF EMERGENCY
The Department of Public Instruction finds an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:
The licensure changes provided by
2015 Wisconsin Act 55
have become effective July 14, 2015 and an emergency rule is needed to administer these changes.
SECTION
6
. EFFECTIVE DATE:
The proposed rules contained in this order shall take effect
upon publication in the official state newspaper, as provided in s.
227.24
(1
)
(
c
)
, Stats.
