SS_087-16 Permanent revisions to PI 34 related to Emergency Rule 1623

Wisconsin Department of Public Instruction

STATEMENT OF SCOPE

FOR ADMINISTRATIVE RULES

Rule No. : PI 34

Relating to : Permanent revisions to PI 34 related to Emergency Rule 1623

Rule Type : Permanent

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, 2016 WI 38 .

1. Finding/nature of the emergency (Emergency Rule only).

N/A

2. A description of the objective of the proposed rule.

In order to continue implementing solutions that help school districts address critical staff shortages, the proposed rule’s objective is to make the teacher licensing process more flexible and efficient. Proposed policies include increasing the number of pathways to licensure, reducing the regulatory burden on applicants, and reducing the time it takes to obtain a license.

3. A description of the existing policies and new policies included in the proposed rule and an analysis of policy alternatives.

PI 34 contains the current administrative rules governing the licensure of school personnel. Additionally, Emergency Rule 1623, which became effective on August 23, 2016, made several changes to the existing rule to make teacher licensing more amendable to school district staffing needs, which included the following:

• Creating the ability for Wisconsin educators who are age 55 or older to apply for a five-year, nonrenewable license without having to meet professional development requirements.

• Increasing the number of consecutive days that a short-term substitute can be in the same assignment.

• Expanding the renewal options for emergency licenses to include attempting to pass required tests for licensure for educators who have met all other requirements and submitting a plan to complete an approved program.

• Expanded the pathway for teachers to add additional licenses based on content tests.

The proposed rule seeks to make the changes created by Emergency Rule 1623 permanent. In addition, the proposed rule may add additional changes to make teacher licensing more flexible.

4. The statutory authority for the proposed rule.

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) , 118.191 , 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.

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 could impact public schools, including charter schools, and educator preparation programs, as well as individuals seeking a teaching license under 115.28 (7) (a).

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.

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.

Contact information:

Carl Bryan

Policy a nd Budget Team

[phone]

[e-mail]