EmR1601 Rule Text

PROPOSED ORDER OF THE

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION

ADOPTING EMERGENCY RULES

The scope statement for this rule, SS 064-15, was published in Register No. 716A1, on August 3, 2015, and approved by State Superintendent Tony Evers, on August 17, 2015. Pursuant to Coyne v. Walker, the Department of Public Instruction is not required to obtain the Governor’s approval for the statement of scope for this rule. Coyne v. Walker, 2015 WI App 21, 361 Wis.2d 255.

The state superintendent of public instruction hereby proposes to amend s. PI 34.02 and 34.03; and to create ss. 34.34 (19) and (20); relating to changes to PI 34 as a result of 2015 Wisconsin Act 55.

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ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION

Statute interpreted: 115.28 (7) (a), Stats.

Statutory authority: 115.28 (7) (a), Stats.

Explanation of agency authority:

115.28  General duties. The state superintendent shall:

(7) Licensing of teachers.

115.28(7)(a)(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 proposed rule will align PI 34 with current statute, which was modified by 2015 Wisconsin Act 55. 2015 Wisconsin Act 55 created three new license types under s. 115.28 (7) (a), Stats., providing for the attainment of an experience-based technical education license, a license based on reciprocity, and an initial license to teach at a Montessori school or program. The proposed rule will make any necessary changes to PI 34 as a result of these statutory changes and establish standards of attainment and procedures for the licensing of teachers under these three new license types.

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:

The proposed rule will make any necessary changes to PI 34 as a result of 2015 Wisconsin Act 55 with respect to the new license types provided under 115.28 (7) (a).

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) (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:

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. PI 34.02 is amended to read:

PI 34.02 Teacher standards. Except as otherwise provided in this chapter, Toto receive a license to teach in Wisconsin, an applicant shall complete an approved program and demonstrate proficient performance in the knowledge, skills, and dispositions under all of the following standards:

SECTION 2. PI 34.03 is amended to read:

PI 34.03 Administrator standards. Except as otherwise provided in this chapter, Toto receive a license in a school administrator category under s. PI 34.32, an applicant shall complete an approved program in school administration and demonstrate proficient performance in the knowledge, skills, and dispositions under all of the following standards: