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ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING EMERGENCY RULES
The scope statement for this rule, SS 127-20, was published in Register No. 777B, on September 28, 2020, and approved by State Superintendent Carolyn Stanford Taylor on October 14, 2020.
The State Superintendent of Public Instruction hereby adopts an order to renumber and amend s. PI 34.109 (2) (a); to amend s. PI 34.023 (1) (intro.), (b), (d), (2) (b), (f) 1., (h) 1., 2., (4) (c), 34.109 (2) (intro.) and (2) (b); and to create s. PI 34.109 (2) (a) 1. to 3., relating to emergency licensing flexibilities during a pandemic declaration.
ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Statute interpreted: s. 115.28 (7) (a), Stats.
Statutory authority: s. 115.28 (7) (a), Stats.
Explanation of agency authority:
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.
Related statute or rule:
N/A
Plain language analysis:
The objective of the proposed rule is to amend PI 34 to create licensing flexibilities allowing schools to address staffing needs and educator preparation programs the latitude to address student teaching requirements in the clinical programs they offer during the 2020-21 school year as necessitated by COVID-19.
Summary of, and comparison with, existing or proposed federal regulations:
Because education in the United States is 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 vary by state.
Summary of any public comments and feedback on the statement of scope for the proposed rule that the agency received at a preliminary public hearing and comment period held and a description of how and to what extent the agency took those comments into account and drafting the proposed rule:
The Department held a preliminary public hearing and comment period on October 9, 2020, and received comments on the statement of scope for the proposed rule. A brief summary of comments and the Department’s response to those comments are as follows:
One participant supported adjustments in PI 34 to allow for more flexibility for substitutes and student teaching in schools.
Agency Response: The department agrees and will include these changes in the emergency rule.
One participant supported flexibility to allow for virtual observations of student teachers so more students could complete student teaching requirements.
Agency Response: The department agrees and will include these changes in the emergency rule.
One participant supported allowing teacher preparation programs the flexibility to place clinical students in classrooms with teachers who may or may not hold current state teaching licenses in the respective field.
Agency Response: The department’s emergency rule amends s. PI 34.023 (4) (c) to provide that if no cooperating teacher or school-based supervisor who meets the experience requirements under current rule is available, the clinical program may place clinical students with a cooperating teacher or school-based supervisor with at least one year of experience, is recommended by the cooperating school’s principal, and is deemed acceptable by the approved program.
One participant supported flexibility with regard to the requirement that an applicant for licensure receive passing scores on the edTPA as an assessment of pedagogical knowledge.
Agency Response: The proposed change is outside the scope of the proposed rule. However, the proposed change was included as a part of a previous package to provide flexibility in this area under Clearinghouse Rule 20-001 and was effective on July 1, 2020. The rule change creates options for educator preparation programs to assess pedagogical knowledge not limited to an educator performance assessment.
Comparison with rules in adjacent states:
Illinois: The Illinois State Board of Education administers licensure for applicants seeking to obtain educator licensure in Illinois. Pursuant to 105 ILCS 5/21B-20 (1), to obtain professional educator licensure in Illinois, applicants must complete a state-approved teacher preparation program at an accredited college or university that fulfills the Illinois standards for teacher education. Student teaching and pre-student teaching field experiences are required as part of the teacher preparation program.
Additionally, pursuant to 105 ILCS 5/21B-20, a short-term substitute teaching license is valid for substitute teaching in all grades of the public schools, prekindergarten through grade 12 until June 30, 2023, and may not be renewed. Licensees may teach for a term of no longer than five consecutive days per licensed teacher and may serve as a paraprofessional.
Iowa: The Iowa Board of Educational Examiners administers licensure for applicants seeking to obtain educator licensure in Iowa. Pursuant to IAC Ch. 282—13.5 (272), in order to obtain an initial teaching license via the traditional pathway, the applicant must have a bachelor’s degree earned from a regionally-accredited institution and an approved teacher preparation program with a human relations component must be completed. Among other requirements, the teacher preparation program must include a full student teaching placement in the subject area and grade level endorsement desired.
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