CR 17-093 Rule Text

- If a district cannot find a fully licensed teacher or pupil services professional, an individual with a bachelor’s degree.

- Creating a three-year License with Stipulations as part of a district-sponsored pathway for experienced teachers to receive another teacher license in a new subject or developmental level.

- Issuing licenses to teachers from another state who have successfully completed the edTPA or the National Board process (Foundations of Reading Test still required).

- Starting January 1, 2018, allowing Initial and Professional Educators to use professional growth goals and work in Educator Effectiveness as another option to renew or advance their license.

- Allowing educator preparation programs flexibility in their admissions policies by removing specific testing (Praxis CORE) and GPA requirements from rule.

- Allowing teacher and pupil services candidates to demonstrate content knowledge with a 3.0 or higher GPA in license area or by successfully completing a content-based portfolio.

- Removing the master’s degree requirement for the Library Media Specialist License and make it a stand-alone license based on completion of a major.

- Creating a Junior Reserve Officer Training Corps teaching license allowing someone who has been certified as a JROTC instructor by a branch of the military to teach JROTC courses in a high school.

Since Emergency Rule 1711 became effective, 2017 Wisconsin Act 59, the 2017-19 biennial budget, made several changes to the teacher licensure process, including provisions that are not consistent with Emergency Rule 1711. Among these changes were eliminating renewal requirements for licenses and creating lifetime licenses without an expiration date. The Department issued a related emergency rule, Emergency Rule 1802, which continued most changes in Emergency Rule 1711 with the exception for the provision allowing educators to use professional growth goals and work in educator effectiveness as an option to renew or advance their license, since this provision is no longer consistent with statute. The emergency rule is currently in effect at the time of the filing of this permanent rule and will ensure consistency between rule and statute while this permanent rule completes promulgation.

Finally, Section 9135 (5p) of 2017 Wisconsin Act 59, nonstatutory provisions, requires the Department to promulgate rules to revise Chapter PI 34 of the Wisconsin Administrative Code, and to simplify the teacher licensure system by doing at least all of the following:

1. Simplifying the grade levels that a licensee is authorized to teach under his or her license.

2. Creating broad field subject licenses.

3. Allowing school boards to increase the number of teachers in a school district by offering internships and residency opportunities.

4. Creating a permit that authorizes an individual who is enrolled in a teacher preparatory program to teach in public schools as part of an internship, residency program, or other equivalent training program.

5. Simplifying licensure reciprocity for individuals who hold a license in another state.

6. Expanding pathways for individuals who hold a license issued by the department to obtain additional licenses to fill positions in geographic areas and subject areas that are in need of educational personnel.

2017 Wisconsin Act 59 also prohibits the Department from promulgating the rules required in a manner that decreases the quality standards for obtaining a license to teach from the Department. In addition to building upon the changes set forth in Emergency Rules 1711 and 1802, this permanent rule is meant to address the changes in statute related to teacher licensure under 2017 Wisconsin Act 59 and fulfill the nonstatutory requirement that the Department promulgate rules related to teacher licensure in the manner described above.

Plain language analysis:

Changes to the administrative rule that governs educator licensing, PI 34, are the result of significant input from a diverse set of stakeholders throughout the state. The changes also implement new statutory language related to licensure as a result of the most recent biennial budget (2017 Wisconsin Act 59). The proposed rule changes are meant to make the licensing process more understandable and increase flexibility, while maintaining high-quality staff in Wisconsin schools. Key aspects of the proposed rule are:

- Updates, clarifies and makes consistent the program approval process for both traditional and alternative route programs. The new rule creates a standard, streamlined approach to approving educator preparation programs, while ensuring these programs provide our educators with high quality, rigorous training. (Subchapters II-IV).

- Simplifies the licensing process. The new rule creates a tiered approach to educator licensing, which will allow educators to obtain a license fitting their unique training and experience. (Subchapter V). Under this approach:

- Tier I licenses are of limited duration and authorization, allowing school districts to meet short-term or specialized needs.

- Tier II licenses are provisional licenses which allow new educators, out-of-state license holders, and other highly qualified individuals to start the progression to a life license.

- Tier III licenses are life licenses for long-term educators.

- Tier IV licenses are optional master educator life licenses for educators who meet additional rigorous requirements for quality and effectiveness.

- Consolidates subject areas. The new rule will provide districts more flexibility in staffing their schools by preparing educators to teach entire subject areas rather than just specialized subjects (e.g., science, social studies, music – Subchapter VI)

- Adds flexibility. The new rule allows highly-qualified license holders to add additional license areas, giving them access to new opportunities and helping school districts fill high demand assignments. (Subchapter IX)

- Creates clarity. The new rule uses standardized, simplified language and structure to make the rule clearer, more understandable, and shorter. As a result, the new rule is approximately two-thirds as long as the old rule.

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

Because education in the United States is typically governed by each state and local government, federal regulations are generally silent with respect to teacher licensure. As a result, the requirements for teacher licensure are regulated by and vary by state. However, under 34 CFR 300.156 (c), a special education teacher in the state who teaches elementary school, middle school, or secondary school must have obtained full state certification as a special education teacher, or passed the state special education teacher licensing examination and holds a license to teach in the state as a special education teacher, has not had licensure requirements waived on an emergency, temporary, or provisional basis, and holds at least a bachelor’s degree. “Full state certification,” according to federal regulations for the purpose of special education teachers, includes participating in an alternate route to certification as a special education teacher if the alternate route includes: 1) high-quality professional development that is sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction, before and while teaching; 2) participation in a program of intensive supervision that consists of structured guidance and regular ongoing support for teachers or a teacher monitoring program; 3) functions as a teacher only for a specified period of time not to exceed three years; and 4) satisfactory progress toward full certification. The proposed rule makes necessary changes to make the teacher licensing process more flexible and efficient while complying with existing federal regulations related to the qualifications of special education teachers.

Comparison with rules in adjacent states:

- Illinois (Illinois Compiled Statutes 105 ILCS 5/21B-5): The Illinois State Board of Education expects all of its certified teachers to complete a state-approved teacher preparation program and have at least a bachelor’s degree. While the minimum degree requirement for Illinois teachers is a bachelor’s degree, some of these programs are at the graduate level. License applicants graduated from an out-of-state teacher preparation program are recognized by the Illinois Department of Education if it has been approved by that state’s Department of Education, or if it leads to a teaching certificate or license in that state. License applicants who graduated from a foreign college or university must have their foreign credentials evaluated and converted to fit the American credits/courses standard to receive licensure.

- Iowa (Iowa Administrative Code Chapter 282.13): The Iowa Board of Educational Examiners requires that, in order to be eligible for a teaching license in Iowa, graduates from Iowa institutions must meet the following requirements: 1) A baccalaureate degree from a regionally-accredited institution; 2) Completion of a state-approved teacher preparation program in Iowa, including the required assessments; and 3) Recommendation for licensure from the designated recommending official where the program was completed. Graduates from out-of-state institutions must meet the following requirements: 1) A baccalaureate degree from a regionally-accredited institution; 2) completion of a state-approved teacher preparation program, including the coursework requirements for a content area teaching endorsement, coursework in pedagogy, and a student teaching or internship placement, completed for college semester credit through a regionally-accredited institution; 3) Recommendation for licensure from the designated recommending official where the program was completed; 4) Valid or expired license from another state; and 5) Completion of the required Iowa assessments (not required if the applicant completed their teacher preparation program prior to January 1, 2013, or if the applicant has three years or more teaching experience on a valid license in another state). Applicants who have completed certain nontraditional programs may or may not be eligible for licensure in Iowa.

- Michigan (Michigan Administrative Code Section R 390.1101-390.1216): The Michigan Department of Education Office of Professional Preparation Services requires that applicants pursuing certification via a traditional route should hold a bachelor’s degree, complete a state-approved teacher preparation program, and earn passing scores on the state-required tests. The traditional route to certification leads to the issuance of a provisional certificate, Michigan’s initial teaching certificate for new teachers. After successfully completing three years of teaching experience and continuing education, those holding an initial certificate may upgrade to a Professional Education Certificate. Highly effective and qualified teachers may then move up to the third tier of certification, the Advance Professional Education Certificate. Provisional and interim certificates to teach are available for applicants who are pursuing alternative pathways to licensure.

- 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.

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.

2017 Wisconsin Act 59, the 2017-19 biennial budget act, became effective September 23, 2017, made several changes to the licensure process, including the elimination of renewal requirements for licenses and creating lifetime licenses without an expiration date. The proposed permanent rule will build upon recommendations issued by the Department in its consultation with stakeholder groups, while implementing changes in statute as a result of 2017 Wisconsin Act 59 and meeting the nonstatutory requirement that the Department promulgate rules to revise and simplify Chapter PI 34 of the Wisconsin Administrative Code. Without a 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. Chapter PI 34 is repealed and recreated to read:

Chapter 34

EDUCATOR LICENSES

Subchapter I – Definitions