PI 34.007(5)(c)4. 4. Deny approval if the educator preparation program is being reviewed under s. PI 34.008 and the program does not meet all of the requirements under subchs. III and IV.

PI 34.007(6) (6) Maintaining approval. If an educator preparation program is approved under sub. (5) (c), the state superintendent shall annually extend approval for one year if all of the following occur:

PI 34.007(6)(a) (a) An onsite continuous review process visit demonstrates that the educator preparation program successfully prepares candidates for licensure.

PI 34.007(6)(b) (b) The educator preparation program is in compliance with all of the requirements of this chapter.

PI 34.007(7) (7) Professional standards council. The state superintendent may consider any comments or recommendations submitted by the professional standards council prior to making a decision under sub. (3) or (5) (c).

PI 34.007(8) (8) Program changes. An entity shall seek the state superintendent’s approval under sub. (3) prior to implementing a new educator preparation program or making substantive changes in an approved program. Substantive changes include changes to any of the following:

PI 34.007(8)(a) (a) The assessment system.

PI 34.007(8)(b) (b) The entity’s ownership.

PI 34.007(8)(c) (c) The content guidelines or standards.

PI 34.007 History History: CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (2) (a), (b) made under s. 35.17, Stats., Register May 2018 No. 751.

PI 34.008 PI 34.008 Program improvement plan. If the state superintendent determines that a program improvement plan is required under s. PI 34.007 (4) (a) or (5) (c) 3., the state superintendent shall provide written notice to the educator preparation program. The notice shall include all of the following:

PI 34.008(1) (1) A description of the specific areas of noncompliance.

PI 34.008(2) (2) A description of the program improvement plan, including the specific improvements the educator preparation program is required to submit to the department and the deadline for submission.

PI 34.008(3) (3) Notification that the entity’s plan to address the areas in need of improvement shall be submitted to the department within 30 days of the date of the notice.

PI 34.008(4) (4) Notification of the date that the state superintendent will conduct an onsite review to determine whether the educator preparation program corrected the areas of noncompliance. The onsite review date shall occur within 90 calendar days of the written notification.

PI 34.008(5) (5) Notification of whether the educator preparation program may continue to admit students or provide institutional endorsement or both while on the program improvement plan.

PI 34.008 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; EmR1909: emerg. am. (4), eff. 1-14-19; CR 19-034: am. (4) Register February 2020 No. 770, eff. 3-1-20.

PI 34.009 PI 34.009 Denials and appeal rights.

PI 34.009(1) (1) Denials. If the state superintendent determines that an educator preparation program does not meet the requirements under this subchapter or subch. IV or that an educator preparation program did not correct the areas of noncompliance within the specified time period under s. PI 34.008, the state superintendent shall deny approval. The denial letter shall include all of the following:

PI 34.009(1)(a) (a) The legal and factual basis for the denial, including the specific areas of noncompliance.

PI 34.009(1)(b) (b) The educator preparation program’s appeal rights under sub. (2).

PI 34.009(2) (2) Appeal rights. An educator preparation program may appeal a denial under sub. (1) by filing a written request for a hearing within 30 days of the date of the notice. The written request shall include all of the following:

PI 34.009(2)(a) (a) The specific grounds for the hearing request, including each of the specific material facts or legal issues that are in dispute. Any material fact or legal issue that is not disputed shall be deemed admitted.

PI 34.009(2)(b) (b) If the educator preparation program asserts that a mistake of fact was made, the program shall include a concise statement of the essential facts which the program intends to prove at the hearing.

PI 34.009(2)(c) (c) If the educator preparation program asserts a mistake of law, the program shall include a concise statement of the law upon which the program relies.

PI 34.009(2)(d) (d) Any affirmative defense the educator preparation program intends to assert. The program’s failure to raise an affirmative defense shall constitute a waiver of that defense.

PI 34.009(3) (3) Granting or denying request. The state superintendent may only grant a request for a hearing if all of the following apply:

PI 34.009(3)(a) (a) The request complies with all of the requirements under sub. (2).

PI 34.009(3)(b) (b) The appellant is entitled to a hearing under s. 227.42, Stats.