CR 19-034 Rule Text

Clearinghouse Rule 19-034

PROPOSED ORDER OF THE

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION

ADOPTING PERMANENT RULES

The scope statement for this rule, SS 098-18, was published in Register No. 752B, on August 27, 2018, and approved by State Superintendent Tony Evers on September 10, 2018.

The State Superintendent of Public Instruction hereby adopts an order to repeal s. 34.036 (2) (c), 34.055 (2) (a) (intro.), 34.056 (3) (Note), 34.084 (2) (c) 3. (Note) and 4. (Note), and 38.02 (3) (Note); to renumber s. PI 34.055 (2) (a) 1. to 3. and (b) 1. to 3.; to renumber and amend s. PI 34.028 (2) (f) 1., 34.029 (1), 34.053, 34.054, 34.055 (2) (b), 34.056 (3), and 38.02 (3); to amend s. PI 8.01 (2) (a) 2. a. and b., 34.001 (8) and (11), 34.011 (2), 34.022 (5), 34.023 (1) (b), 34.026 (1) (c), 34.028 (4) (a) 3. and (c) 3., 34.029 (2) (b) and (c), 34.033 (1) and (2), 34.034 (1) (intro.), 34.039 (1), 34.040 (1) (b), (c) and (2) (h), 34.01 (4), 34.047 (title) and (2), 34.052 (1), (4) (intro.) and (5), 34.055 (2) (intro.), 34.064, 34.074 (1), 34.075 (1), 34.082 (1) and (2) (e) 1., 34.084 (2) (c) 1. to 4., 34.089 (1), 34.110 (2) (e) and (3); and to create s. PI 34.001 (11m), 34.011 (3), 34.028 (2) (f) 1. b., 34.029 (1g), 34.0385 (3) and (4), 34.0386 (3) and (4), 34.0387 (title), (3) and (4), 34.0388 (title), (2) (am), (3) and (4), 34.040 (1) (c), 34.041 (1) (a) 5m., 34.052 (4) (q) and (7), 34.089 (4) (am), and 38.02 (3) (a) to (c), relating to cleanup revisions to educator license rules.

ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION

Statute interpreted: ss. 115.28 (7) (a), 118.19 and 118.194, Stats.

Statutory authority: ss. 115.28 (7) (a), (c) and (17) (a) to (c) and 118.19 (4m), Stats.

Explanation of agency authority:

The state superintendent has authority to make rules establishing standards of attainment and procedures for the examination and licensing of teachers generally under s. 115.28 (7) (a), Stats.:

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.

Additionally, the state superintendent has the authority to license and make rules for the examination and licensing of persons employed to provide publicly funded special education and related services under s. 115.28 (7) (c), Stats.:

115.28  General duties. The state superintendent shall:

(7) Licensing of teachers.

(c) Subject to s. 118.19 (4m), license and make rules for the examination and licensing of persons, including teachers, employed to provide publicly funded special education and related services, as those terms are defined in s. 115.76 (14) and (15).

Further, the state superintendent has the authority to establish, by rule, standards for certifying teachers participating in American Indian language and culture education programs under s. 115.28 (17) (a) to (c), Stats.:

115.28  General duties. The state superintendent shall:

(17) American indian language and culture education.

(a) Establish by rule standards for certifying the abilities of teachers participating in American Indian language and culture education programs under subch. IV to read and write or speak an American Indian language and to possess knowledge of American Indian history and culture.

(b) Establish by rule standards for certifying the abilities of home school coordinators, counselors and aides participating in American Indian language and culture education programs under subch. IV to possess knowledge of American Indian history and culture.

(c) Promulgate rules which further define “American Indian" under s. 115.71 (2) (d).

Finally, the state superintendent has the authority to issue a license to teach the visually impaired based on the criteria established by rule:

118.19  Teacher certificates and licenses; administrator and pupil services professional licenses.

(4m) The state superintendent may not issue a license to teach the visually impaired unless the applicant demonstrates, based on criteria established by the state superintendent by rule, that he or she is proficient in reading and writing braille and in teaching braille. In promulgating rules under this subsection, the state superintendent shall take into consideration the standard used by the librarian of congress for certifying braille transcribers.

Related statute or rule: See Clearinghouse Rule 17-093, relating to stakeholder workgroup revisions to licensure, which became effective August 1, 2018, and codifies current rules relating to educator licensure.

Plain language analysis:

The proposed rule makes the following revisions to the current administrative rules governing educator licensure:

- Creating a definition for kindergarten under s. PI 34.001 (11m).

- Technical language changes regarding program improvement plans under s. PI 34.008.

- Clarifying language referring to classroom teaching under s. PI 34.022 (5).

- Clarifying language regarding a Tier I license with stipulations for pupil services licenses under s. PI 34.028 (2) (f) 1.

- Amending s. PI 34.029 to permit Tier I license holders to teach in a CESA or one of the state’s residential schools.

- Amending s. PI 34.033 (1) relating to Tier I, long-term substitute teacher licenses to authorize license areas in subchapters VI, VII and VIII.

- Technical language change to s. PI 34.034 to indicate that Tier I professional teaching permits authorize the license holder to teach kindergarten through grade 12.

- Adding special education program aide licenses under PI 34.036 to the exceptions in which an individual may not have a Tier 1 license in special education for more than 3 years under PI 34.039 (1).

- Creating s. 34.040 (1) (c) under Tier II provisional educator license, to state that the subject area and grade level of a license issued shall be based on the license areas endorsed by the accredited preparation program that the applicant completed.

- Clarifying language in s. PI 34.040 (1) (b) that the age level of a Montessori license shall be based on the age levels endorsed by the Montessori training program completed by the applicant.