PROPOSED ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
AMENDING RULES
The scope statement for this rule, SS 105-24, was published in Register No. 826B, on October 28, 2024, and approved by State Superintendent Jill K. Underly, PhD, on November 11, 2024. The State Superintendent of Public Instruction hereby proposes an order to repeal s. PI 37.01; to amend s. PI 37.02 (2), (3m), (6m) and (7); to repeal and recreate s. PI 37.03; and to create s. PI 37.02 (3d), (3h), and (7m), relating to revisions to grants for National Teacher Certification and Master Educator Licensure. ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Statute interpreted: s. 115.42, Wis. Stats. Explanation of agency authority:
Under s. 115.42 (4), Wis. Stats., the state superintendent shall promulgate rules for implementing and administering grants for national teacher certification and master educator licensure, including rules for the application process, including necessary documentation, and the selection process for grant recipients. Related statute or rule: N/A
Plain language analysis:
The proposed rule change is intended to update ch. PI 37 of the Wisconsin Administrative Code by clarifying eligibility requirements for applicants seeking grants for national teacher certification and master educator licensure; establishing the length of grant renewal; aligning the rule with statute, application processing practices, and the form and style specified in the rules procedures manual prepared by legislative council staff and the legislative reference bureau under s. 227.15, Wis. Stats. Summary of, and comparison with, existing or proposed federal regulations:
There are no specific federal regulations governing national teacher certification or master educator licensure, as these requirements are administered by state and independent bodies. Grant funding under this program is administered by Wisconsin statute and administrative code.
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 8, 2024, and did not receive any comments on the statement of scope for the proposed rule.
Comparison with rules in adjacent states:
Illinois: While not explicitly outlined in the Illinois Administrative Code, National Board Certified Teachers (NBCTs) in Illinois are eligible for several financial incentives designed to support and recognize their expertise. One of the main incentives is a one-time $3,000 award for NBCTs employed in designated rural and remote school districts. To qualify, educators must be full-time teachers or counselors in Illinois public schools, hold National Board Certification, and work in schools classified as Tier 1 or Tier 2 under the Evidence-Based Funding formula. The incentive is also available to those employed in specific rural or remote districts, as indicated by locale codes.
Additionally, Illinois provides an annual $3,200 incentive to NBCTs who serve as diverse liaisons, promoting inclusive educational practices for diverse student populations. This incentive is contingent upon available funding. While specific statewide financial incentives for educators holding a Master Educator License are not detailed in the Illinois Administrative Code, many Illinois school districts offer local incentives such as stipends, salary increases, and professional development opportunities for certified educators.
Iowa: While not explicitly outlined in the Iowa Administrative Code, National Board Certified Teachers (NBCTs) in Iowa receive an annual bonus of $2,500 for the duration of their certification. This stipend is provided through state appropriations and is intended to recognize and reward the expertise of certified teachers. However, if the number of NBCTs exceeds the available funding, the bonus may be prorated by the Iowa Department of Education.
Michigan: Michigan Compiled Laws Section 388.1627m include the statutes governing financial incentives to support and reward educators who achieve National Board Certification (NBC). While not explicitly outlined in Michigan Administrative Rules, teachers who hold National Board Certification are eligible to receive a $4,000 award. Additionally, teachers working in underprivileged schools, specifically those in Title I buildings, are eligible for an extra $6,000, bringing the total potential award to $10,000. The Michigan Department of Education administers these grants through the 27m Recognized Achievement Grant program, providing financial support to NBCTs who meet the eligibility requirements. Minnesota: While not explicitly outlined in Minnesota Administrative Rules, Minnesota provides annual financial incentives for National Board Certified Teachers (NBCTs). NBCTs who certified after 2018 are eligible to receive $2,500 annually for five years if they do not teach in a high-poverty school, and $5,000 annually for five years if they teach in a high-poverty school.
Additionally, in Minnesota, educators who complete a master's degree program in their licensure field may qualify for a nonrefundable credit. This credit is designed to support teachers pursuing advanced education in their teaching area.
Summary of factual data and analytical methodologies:
Chapter PI 37 of the Wisconsin Administrative Code establishes the rules and procedures for awarding grants to applicants seeking to obtain national board certification or master educator licensure. Under the program, educators certified by the National Board for Professional Teaching Standards or licensed as Wisconsin Master Educators can apply for a grant equal to the costs of obtaining or renewing their credential, not to exceed $2,000. Additionally, applicants may receive an annual grant of $2,500, or $5,000 for applicants employed in a school where 60 percent or more students qualify for free or reduced-price lunch under 42 USC 1758 (b) (1), for up to nine years if they maintain their credential and maintain a rating of effective or highly effective in the educator effectiveness system under s. 115.415, Wis. Stats. The rule provides that the state superintendent shall review applications and awards grants based on the applicant’s compliance with the applicable criteria specified under s. PI 37.03, Wis. Admin. Code.
The current rule needs updating to align with statutory requirements concerning the length of the school year and to address ambiguities for grant applicants, particularly regarding eligibility and licensing requirements for seeking a grant, the length of grant renewal, and limits on renewing grant applications. Further, the definitions in the rule require revisions to reflect current statute and practices regarding what constitutes a teacher and the employing school’s evaluation practices for the purpose of receiving a grant. Finally, the rule needs to be updated to conform with the form and style specified in the rules procedures manual prepared by legislative council staff and the legislative reference bureau. The proposed rule is designed to update ch. PI 37, Wis. Admin. Code, to create greater clarity for applicants seeking a grant under this program and to better align with statutory requirements. Absent a rule change, the department would be required to continue to implement the rule as written, which may result in confusion and conflicts with current statutory requirements. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
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Anticipated costs incurred by private sector:
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