EmR1802 Rule Text

• Minnesota (Minnesota Administrative Rules Chapter 8710): The Minnesota Board of Teaching requires all applicants for teacher licensure in the state to graduate from a state-approved teacher preparation program and hold a minimum of a bachelor’s degree, as well as demonstrated completion of a human relations course, which is included in all Minnesota approved teacher preparation programs. Teacher preparation programs completed outside of Minnesota may count if the program is equivalent to that of an approved Minnesota teacher preparation program. If the applicant did not complete a teacher preparation program in one of the states with a reciprocal licensing agreement, the applicant must also complete an approved human relations course in order to be licensed in the state. Applicants who have completed an online teacher preparation program will be recognized as long as the program is regionally accredited, approved by the state in which it is offered, be a field for which Minnesota offers licenses, and include a supervised practicum and student teaching. Graduates of foreign teacher preparation programs must have their credits evaluated by a member agency of the National Association of Credential Evaluation Services.

Summary of factual data and analytical methodologies:

PI 34 contains the current administrative rules governing the licensure of school personnel. Section 115.425, Wis. Stats., and PI 34.36, Wis. Admin. Code, provide the duties of the Professional Standards Council for Teachers, which advises the State Superintendent of Public Instruction on matters pertaining to the licensure of teachers. In its advisory capacity, the Professional Standards Council reviews and makes recommendations for administrative rules related to teacher preparation, licensure and regulation. Beginning in April 2015, the PSC conducted a review and began the development of a strategic plan for addressing school staffing challenges in Wisconsin with the goal of developing, supporting, and retaining teachers.

Further, a leadership group was convened by the Department to address school staffing challenges and was composed of a diverse set of stakeholders throughout the state to provide feedback and policy recommendations. This group was represented by individuals from various groups, including the Wisconsin Association of School Boards, the Wisconsin Association of School District Administrators, the Wisconsin Association of School Personnel Administrators, the Association of Wisconsin School Administrators, the Wisconsin Education Association Council, the Wisconsin Council of Administrators of Special Services, the University of Wisconsin System, the Wisconsin Association of Colleges for Teacher Education, and the Wisconsin Association of Independent Colleges and Universities. The leadership group recommended strategies to address school staffing needs, including fewer licenses with greater flexibility, easing the licensing process for out-of-state license holders, reducing the testing burden, and expanding pathways into the profession. Some of their recommendations were used in the development of this rule.

Emergency Rule 1711 became effective June 17, 2017, and was promulgated to provide flexibility and transparency around the teacher licensing process. 2017 Wisconsin Act 59, which became effective September 23, 2017, made several changes to the licensure process, including provisions that are not consistent with Emergency Rule 1711, including the elimination of renewal requirements for licenses and creating lifetime licenses without an expiration date. This emergency rule will replace Emergency Rule 1711 with a new emergency rule that ensures consistent implementation of the statutes during the completion of the permanent rule promulgation process under Clearinghouse Rule 17-093. Among the changes, the new emergency rule will replace the provision allowing educators to use professional growth goals and work in educator effectiveness as an option to renew or advance their license with rules around provisional and lifetime licenses and create a subchapter relating to obsolete licenses. Without this emergency rule, statute and rule will not be consistent and the Department will not be in compliance with its requirement under Act 59 to promulgate rules related to licensure.

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), 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:

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 [e-mail]. 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. EmR1711, published in the Wisconsin State Journal on June 17, 2017, is repealed.

  SECTION 2. PI 34.01 (53) is repealed.

SECTION 3. PI 34.14 (1) (intro.) is amended to read:

PI 34.14 (1) Diversity of students. The SCD shall create and implement an explicit plan with adequate resources to recruit, admit and retain a diverse student body as follows:.

  SECTION 4. PI 34.14 (1) (a) (intro.) is renumbered PI 34.14 (1m) and is amended to read:

PI 34.14 (1m) The SCD shall establish standards for admission to initial programs. that include all of the following:

  SECTION 5. PI 34.14 (1) (a) 1. to 3. and (b) are repealed.

  SECTION 6. PI 34.15 (2) (a) 3. a. is amended to read:

PI 34.15 (2) (a) 3. a. Content knowledge shall be determined by passing scores on standardized tests approved by the state superintendent which shall include the state's model academic standardsthe candidate having a cumulative grade point average of not less than 3.0 on a 4.0 scale for courses in the subject area or position; achieving passing scores on standardized tests approved by the state superintendent which shall include the state's model academic standards; or successfully completing a content-based portfolio designed by the SCD.

  SECTION 7. PI 34.17 (4) is repealed.

SECTION 8. PI 34.17 (5) is amended to read:

PI 34.17 (5) Out of state applicants. An initial educatorA provisional license may be issued to an applicant who completes an approved program from out of state, who has fewer than 5 years of successful experience in an early childhood through adolescence school setting in his or her respective teaching, pupil services or administrative license, and who has met the competency test requirements under s. PI 34.15 (2) (a) 3. a. A provisional teaching license may also be issued to an applicant who completed a program in another state and received a passing score on the teacher performance assessment approved by the state superintendent. The applicant shall provide evidence that the requirements under s. PI 34.15 (4) have been met before qualifying for a professional educatorlifetime license.

  SECTION 9. PI 34.175 is created to read:

PI 34.175  Provisional license

(1)

A three-year renewable provisional license may be issued to an individual who meets one of the following:

(a) Has completed a preparation program approved by the state superintendent and received an institutional endorsement from that program.

(b) Has completed an approved program in another state and who has met the competency test requirements under s. PI 34.15 (2) (a) 3. a. A provisional educator teaching license may also be issued to an applicant who completed a program in another state and received a passing score on the teacher performance assessment approved by the state superintendent. The applicant shall provide evidence that the requirements under s. PI 34.15 (4) have been met before the individual is eligible for a lifetime license.

(c) Holds an expired initial or professional educator license.

(d) Has received a passing score on the National Board for Professional Teaching Standards assessment. The applicant shall provide evidence that the requirements under s. PI 34.15 (4) have been met before the individual is eligible for a lifetime license.

(2) An individual who does not meet the requirements for a lifetime license may apply to renew the provisional license. There is no limit to the number of times an individual may renew a provisional license under (1).

  SECTION 10. PI 34.185 is created to read:

PI 34.185  Lifetime license. A lifetime license with no expiration date may be issued to an individual who meets all of the following:

(1) Holds or has held a provisional license.

(2) Has completed at least 6 semesters of experience in the subject or position of the provisional license in one or more Wisconsin public school districts within the 5 years immediately preceding the effective date of the new lifetime license.

(3) The school board of each school district in which the individual served as a teacher, administrator, or pupil services professional certifies to the department that the semesters completed by that individual in that school district were completed successfully.

  SECTION 11. PI 34.21 is repealed and recreated to read:

PI 34.21  License with Stipulations.

(1) The state superintendent may issue a one-year, renewable license with stipulations that authorizes the license holder to teach in the subject area of the license or work in the pupil services area of the license. A license may be issued under this subsection if an individual meets any of the following requirements:

(a) The individual has completed an approved educator preparation program in another state but has not met all of the requirements in this chapter for licensure as a provisional or lifetime educator.

(b) For an individual seeking a license to work as a speech and language pathologist in a school setting, the individual holds a valid speech language pathologist licensed issued by the department of safety and professional services.

(c) If the individual’s employing school district conducted a search for a fully licensed candidate and no fully licensed individuals were acceptable for the assignment, the district administrator or designated official of the employing school district may request that a license be issued under this subsection to an individual who holds a bachelor’s degree or higher from an accredited college or university but does not meet the requirements for licensure under s. PI 34.17 or 34.18. This request shall be in writing, provide a justification of need, affirm that a search for a fully licensed candidate was conducted but no fully licensed individuals were acceptable for the assignment, and if the request is for a license with stipulations in a pupil services area, that the candidate meets all education requirements for the pupil services area.

(2) A license under sub. (1) (a) may be renewed if the applicant did any of the following during the term of the license:

(a) Satisfactorily completed at least 6 semester credits in an approved licensure program at an IHE or the equivalent coursework toward completion of a Wisconsin approved alternative route program in the teacher or pupil services area of the emergency license.

(b) Attempted to complete all of the tests required for licensure in the teacher or pupil services area of the license.

(3) A license issued under sub. (1) (b) may be renewed if the applicant continues to hold a valid speech language pathologist license issued by the department of safety and professional services.

(4) A license issued under sub. (1) (c) may be renewed if the individual meets one of the requirements under sub. (2) and the district administrator or designated official of the employing school district submits a written request that meets the requirements of sub. (1) (c).

(5) The state superintendent may issue a 3-year, non-renewable license that authorizes the license holder to teach in a subject or developmental level other than the subject areas or developmental levels covered by the individual’s valid initial, professional, master educator, or life license. A license under this subsection may be issued to an individual who meets all of the following requirements:

(a) The individual holds a valid provisional, lifetime, or master educator license.

(b) The individual has at least one year of full-time teaching in the school district that requests this license.

(c) The district administrator or designated official of the individual’s employing school district requests that a license to be issued under this subsection and attests that the school district will provide appropriate professional development and supervision to assist the teacher to become proficient in the preparation program content guidelines for the new subject or developmental level.

(6) A license issued under sub. (4) is only valid in the school district that requested it.