PROPOSED ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
REVISING PERMANENT RULES
The scope statement for this rule, SS 020-17, was published in Register No. 734B, on February 27, 2017, and approved by State Superintendent Tony Evers on March 10, 2017. Pursuant to Coyne v. Walker, the Department of Public Instruction is not required to obtain the Governor’s approval for this rule. Coyne v. Walker, 368 Wis. 2d 444.
The State Superintendent of Public Instruction hereby proposes to repeal and recreate ch. PI 34; relating to stakeholder workgroup revisions to licensure. __________________________________________________________________________________________________
ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
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:
PI 34 contains the current administrative rules governing the licensure of school personnel. Clearinghouse Rule 16-086 relating to flexible licensure options under PI 34, which became effective on June 1, 2017, made several changes to the existing rule to make teacher licensing more responsive to school district staffing needs, which includes increasing the number of pathways to licensure, reducing the regulatory burden on license applicants, and reducing the time it takes to obtain a license. Additionally, through its work with stakeholder groups, the Department advanced an emergency rule, Emergency Rule 1711, to help school districts address teacher shortages and provide flexibility and clarity around the teacher licensing process by doing the following:
- Creating a one-year License with Stipulations (replacing emergency licenses and permits) for:
- Teachers and pupil services professionals from another state who have not met Wisconsin testing requirements;
- Speech Language Pathologists who hold a valid license from DSPS; and
- 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.
