CR 16-025 Rule Text

Plain language analysis:

Chapter PI 11 of the Wisconsin Administrative Code was recently updated to align the terminology and definitions for children with disabilities used under federal law. The purpose of this rule is a technical change to align the license titles, provided in PI 34, with the new terminology in PI 11 with respect to intellectual disabilities and specific learning disabilities.

Summary of, and comparison with, existing or proposed federal regulations: N/A

Comparison with rules in adjacent states: N/A

Summary of factual data and analytical methodologies:

This proposed technical change is needed to align certain license titles in PI 34 with the new special education terminology provided under Wis. Admin. Code Chapter PI 11, relating to children with disabilities.

Anticipated costs incurred by private sector:

There is no expected cost to the private sector as a result of this rule.

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

[e-mail]

[phone]

Place where comments are to be submitted and deadline for submission:

As provided in s. 227.16 (2) (b), Stats., there is no requirement that a public hearing be held for this rule because the proposed rule brings an existing rule into conformity with a statute that has been changed. However, if the Department receives a petition under s. 227.16 (2) (e), Stats., within 30 days following publication of the Notice of Submittal of Rules to the Legislative Council Rules Clearinghouse in the Administrative Register, the Department may not proceed with the proposed rule until after it has given notice and held a public hearing under ss. 227.17 and 227.18, Stats. If a petition is received, the Department will publish a hearing notice in the Administrative Register which will provide information on the deadline for the submission of comments.

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SECTION 1. PI 34.01 (18m) is created to read:

(18m) “Emotional Behavior Disability” has the meaning set forth in s. PI 11.36 (7) (a).

SECTION 2. PI 34.01 (27) is created to read:

(27) “Intellectual Disability” has the meaning set forth in s. PI 11.36 (1) (a).

SECTION 3. PI 34.01 (53m) is created to read:

(53m) “Specific Learning Disability” has the meaning set forth in s. PI 11.36 (6) (a).

SECTION 4. PI 34.28 (3) (a) and (c) 1. to 3. are amended to read:

(a) A license under this subsection allows the holder to teach in a program serving pupils who are identified ashave a specific learning disableddisability, cognitively disabledintellectual disability or emotionally disturbedemotional behavior disability.

(c)

  1. CognitiveIntellectual disabilities.

  2. Emotional disturbanceEmotional behavior disabilities.

  3. LearningSpecific learning disabilities.

  SECTION 5. PI 34.29 (3) (a) and (c) 1. to 3. are amended to read:

(a) A license under this subsection allows the holder to teach in a program serving pupils who are identified ashave a specific learning disableddisability, cognitively disabledintellectual disability or emotionally disturbedemotional behavior disability.

(c)

  1. CognitiveIntellectual disabilities.

  2. Emotional disturbanceEmotional behavior disabilities.

  3. LearningSpecific learning disabilities.

  SECTION 6. PI 34.33 (1) (c) (intro.) and (6) (c) 4. are amended to read:

(c) Assistive technology. A license in assistive technology may be issued to a person who holds a license in deaf or hard of hearing, visually impaired, occupational therapy, physical therapy, speech and language pathology, emotional disturbanceemotional behavior disabilities, cognitiveintellectual disabilities, specific learning disabilities, early childhood special education or cross categorical special education and who has completed a concentration in assistive technology including all the following:

(6) (c)

4. LearningSpecific learning disabilities.

SECTION 7. EFFECTIVE DATE:

The proposed rules contained in this order shall take effect on the first day of the month commencing after the date of publication in the Wisconsin Administrative Register, as provided in s. 227.22 (2) (intro.), Stats.