ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING RULES
The scope statement for this rule, SS 083-23, was published in Register No. 815A1, on October 30, 2023, and approved by State Superintendent Jill K. Underly on November 28, 2023. The State Superintendent of Public Instruction hereby adopts an order to repeal and recreate s. PI 34.034, relating to tier I professional teaching permits. ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Statute interpreted: s. 118.192, Stats. Explanation of agency authority:
Under s. 118.19 (1), Stats., any person seeking to teach in a public school, including a charter school, or in a school or institution operated by a county or the state shall first procure a license or permit from the department. Under s. 115.28 (7) (a), Stats., the superintendent of public instruction shall 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, Stats. Further, s. 118.192, Stats., describes the requirements associated with a professional teaching permit. As such, a rule is required to establish specific criteria for the issuance of professional teacher permits under s. 118.192, Stats. Related statute or rule:
N/A
Plain language analysis:
Section PI 34.034 relates to the requirements of a tier I, professional teaching permit as identified in statute under s. 118.192, Wis. Stats. Under current rule, the state superintendent may issue a permit under s. PI 34.034 to an individual to teach kindergarten through grade 12 in American sign language, art, computer science, foreign language, mathematics, music, science, and technology education. In order to obtain a professional teaching permit, an applicant must, in part, meet certain professional work experience requirements, in a subject area corresponding to the applicant's degree; satisfactorily completed an alternate teacher training program consisting of approximately 100 hours of formal instruction in the application of modern curricula in the subject area sought by the applicant; and received a passing score on a standardized examination as determined by the state superintendent. The department’s experience with the current rule is that the requirements for obtaining a permit are unclear as they relate to the applicant’s work history, degree requirements, and permit eligibility. As such, the proposed rule seeks to provide clarity and guidance for applicants on the criteria and process for obtaining a professional teaching permit. Changes encompass various aspects such as eligibility requirements, including professional work experience, formal instruction, and standardized exam requirements. The rule further identifies the permits for which an applicant would be eligible, clarifies school district requests for the permits, and streamlines renewal criteria.
Summary of, and comparison with, existing or proposed federal regulations:
Because educator licensure in the United States is typically governed by each state and local government, federal regulations are generally silent with respect to the issuance of teacher permits. As a result, the requirements for obtaining a permit 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 November 9, 2023, and received no comments on the statement of scope for the proposed rule.
Comparison with rules in adjacent states:
Illinois: Illinois does not have an equivalent permit in this area. However, educators may be able to obtain a five-year Professional Educator License with an endorsement indicating grade level and content area. Additional endorsements can be added as the educator completes state requirements.
Iowa: The initial two-year license for educators in Iowa requires completion of an educator preparation program with an endorsement indicating grade level and content area.
Michigan: Michigan does not have an equivalent permit in this area. However, Michigan offers a Professional Teaching Certificate as a license option. Teachers are eligible to apply for this license after 3-years of teaching under an initial Michigan teaching license or for experienced educators transferring licensure from another state. This is a 5-year license.
Minnesota: Minnesota does not have an equivalent permit in this area. However, a Tier 1 professional educator license is available as a joint application between a school district and the applicant. The district must show the district or charter school has posted the teacher position but was unable to hire an acceptable teacher with a Tier 2, 3, or 4 license for the position. The applicant must hold a bachelor’s degree to teach outside career and technical education or career pathways courses of study. This is a 1-year renewable license. The license holder must complete a content exam and report the results to the hiring district or charter school within one year of the issuance of the license.
Summary of factual data and analytical methodologies:
Chapter PI 34 of the Wisconsin Administrative Code contains the rules governing educator licensure, including the requirements for obtaining a Tier I, professional teaching permit to teach kindergarten through grade 12 in one of the following subject areas: American sign language, art, computer science, foreign language, mathematics, music, science, and technology education. In order to obtain a professional teaching permit under s. PI 34.034, an applicant must, in part, meet the professional work experience requirements under s. 118.192 (2), Stats., in a subject area corresponding to the applicant's degree; satisfactorily completed an alternate teacher training program consisting of approximately 100 hours of formal instruction in the application of modern curricula in the subject area sought by the applicant; and received a passing score on a standardized examination as determined by the state superintendent. The proposed rule updates ch. PI 34 to align with statute and clarify relevant work experience, what comprises 100 hours of formal instruction, standardized exam requirements, renewal criteria, and specifications for school districts requesting the permit. Without a rule change, the department will be required to implement rules for educator licensure as they currently exist in PI 34 which may result in confusion for permit applicants. 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:
