SS 105-23 Scope Statement

Wisconsin Department of Public Instruction STATEMENT OF SCOPE FOR ADMINISTRATIVE RULES

LEGISLATIVE POLICY & OUTREACH TEAM ATTN: ERIN FATH 266-2804 or [e-mail]

GENERAL INFORMATION

Rule No. PI 34

Relating to Educator preparation program background checks for admission

Rule Type Permanent

SIGNATURE

State Superintendent Review ☐ Approved. Begin Drafting Rule ☐ Disapproved. Reason for Disapproval

State Superintendent Signature ➢

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 proposed rule would clarify what is meant by a background check as a standard for admission into an educator preparation program.

3.   A description of the existing policies and new policies included in the proposed rule and an analysis of policy alternatives. Section PI 34.018 of the Wisconsin Administrative Code establishes the standards for student recruitment, admission and retention into an educator preparation program. Section PI 34.018 (2) provides that the educator preparation program shall establish its own standards for admission, including requiring a background check prior to admission into an educator preparation program. There is currently no standard for what is meant by a background check or how the background checks are to be conducted by an educator preparation program prior to a student's admission. The proposed rule would create parameters for what educator preparation programs need to do to conduct a complete background check for students for admission into a program. Without a rule, educator preparation programs would be required to implement this section of PI 34 as written.

4.   The statutory authority for the proposed rule. Under. 118.19 (1), Wis. Stats., any person seeking to teach in a public school, including a charter school, or in a school or institution operated by a county or the state shall first procure a license or permit from the department. Under Wis. Stat. s. 115.28 (7) (a), the superintendent of public instruction shall 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.

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 would impact educator preparation programs.

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 rule will have no significant economic impact on small businesses, as defined in s. 227.114 (1), Wis. Stats.