Licensure Changes and the Role of the Principal

by Bob Butler, WASB Associate Executive Director and Staff Counsel, Wisconsin Association of School Boards

The Executive Budget Act for the 2017-2019 biennium made numerous changes that will affect teacher and administrative licensure. Some of the main changes are listed below:

  • Life teaching and administrator licenses are back.
  • New teachers and administrators will be issued a provisional three-year license. If they successfully complete 6 semesters of teaching or administration, they receive a life license.
  • Requires DPI to conduct a background investigation of each applicant for issuance or renewal of a license or permit, including a license or permit issued to a pupil services professional. Additionally, requires DPI to conduct a background investigation at least once every five years of each person who satisfies the following criteria:

(a) the person holds a license issued by the State Superintendent that has no expiration date, including a license issued to a pupil services professional; and

(b) the person is employed by an educational agency or by an independent charter school.

  • Makes it easier for a teacher licensed out of state to get a Wisconsin teaching license.
  • Allows for licensure reciprocity for licensure for on-line teachers.
  • Allows higher education staff to teach in public schools without a teacher’s license.
  • Allows the issuance of substitute teacher permits to individuals with an associate’s degree.
  • Expands the options for alternative licensure.
  • Requires DPI to promulgate rules to revise Chapter 34 of the state administrative code, which contains provisions related to teacher licensure. Specifies that the rules must not decrease the quality standards for obtaining a license to teach from the Department. Requires DPI to submit the rules in proposed form to the Legislative Council staff, as required under current law rulemaking procedures, no later than January 1, 2018.
  • Expands and promotes teacher development programs.

These changes will have far reaching implications regarding the principal’s role in vetting applicants for positions, for filling positions, for tracking the professional development of employees, and for evaluating employees.

Licensure: 3-year provisional licenses and lifetime licenses with no expiration date (i.e., periodic license renewal requirements eliminated for most teachers, pupil services professionals, and administrators)

Key Statute affected: 118.19(18); see also 118.19(17) (repealed).

Underneath these new provisions, a provisional three-year license would be granted for new educators, administrators, and pupil services professionals. The specific draft administrative rules on this new process are expected to be released on or before January 1, 2018. 

The new provisions also require DPI to issue a lifetime license if the individual successfully completes six semesters of teaching, administrator, or pupil services experience. The law requires that the school board of each school district in which an individual served as a teacher, administrator, or pupil services professional must certify to the Department that the semesters completed by that individual in that school district were completed successfully. This requirement will most likely be delegated by the school board to the principal or associate principal. 

Principals will therefore need to consider not only the teacher’s effectiveness as an educator for their district, but also whether the teacher’s performance merits a designation that the individual has successfully completed the six semesters. Principals may wish to have internal conversations amongst the administrative team and ultimately with the school board about the following questions:

  1. What constitutes “completed successfully?”
  2. Is the individual district’s determination of “completed successfully” defensible in light of licensure implications? How does it align with educator effectiveness? How does it compare to other district’s determinations? What about private school teachers?
  3. What happens if the district determines that the individual doesn’t meet the individual district’s expectations, but such expectations may be higher than what is contemplated by the statute’s terms “completed successfully?”
  4. What liability, if any, exists if the district determines that the teacher has not “completed successfully” the six semesters? In answering this question, it should be noted that persons not completing the 6 semesters of teaching or administration within the 3-year term of the provisional license could apply to renew the license. There is no limit to the number of renewals. Due to this, the “completed successfully” determination does not deprive the person of being employed, but rather does deny the person the ability to secure a professional license. This may mitigate the potential liability that the principal would incur if the principal deemed that the individual had not “completed successfully” the 6 semesters.

In addition to the above, the new law requires DPI to invalidate a lifetime license held by an individual who is not actively employed by a school district for five or more consecutive years. An individual whose lifetime license has been invalidated would be required to apply for and obtain a provisional license, and submit certification of the successful completion of six semesters of experience. Any professional or master teaching license, administrator license, or pupil services license that is valid and current on the effective date of the Budget Act becomes a lifetime license with no expiration date. An individual who holds a valid and current initial teaching, administrator, or pupil services license on the effective date of Budget Act, or who applies for an initial license, would receive a provisional three-year license, as described above.

Another item to consider with this change in licensure is how the new licensure process will impact a teacher’s compensation plan if the compensation plan incorporates licensure renewal or professional development requirements that are tied to licensure. Will the district create its own process for professional development to take the place of the prior PI 34 or six credits every five years’ process? 

Licensure: Amended requirements for obtaining Wisconsin licensure based on holding a license in another state

Key statutes affected: 118.193 (various provisions within this section are repealed)

The Act repeals the requirements that an individual who is applying for a Wisconsin teaching or administrator license based on holding a valid license granted by another state must (1) have received an offer of employment to be a teacher or administrator in a school located in Wisconsin; and (2) make the license application jointly with the school or school board that made the offer of employment. This should result in additional individuals being in your applicant pool. Since licensure requirements vary from state to state, a principal may need to assess the out-of-state applicant’s licensure process to gauge its rigor in determining the out-of-state applicant’s relative qualifications to a candidate licensed in Wisconsin. 

Licensure: Reciprocity for out-of-state teachers of online courses; school board duty to verify out-of-state license or permit

Key statutes affected: 118.19(1b); 121.02(1)(a)3.; see also 118.40(8)(b)

Under the Act, an individual may teach an online course in a subject and level in a public school, including a charter school, without a license or permit from the Department of Public Instruction if the individual holds a valid license or permit to teach the subject and level in the state from which the online course is provided. School boards are required to ensure that an individual who provides such online instruction to pupils enrolled in a school in the school district holds such a valid license or permit.

Licensure: Authority of faculty from institutions of higher education to teach in public high schools

Key statutes affected: 118.19(1c)

Under the Act, a faculty member of an institution of higher education may teach in a public high school, including a charter school that operates only high school grades, without a license or permit from the department if (1) the faculty member is in good standing with the institution of higher education at which he or she is a member of the faculty; (2) the faculty member possesses a bachelor’s degree; and (3) the department of public instruction conducts a background investigation of the faculty member and the results of the background investigation would not make the faculty member ineligible for a teaching license.

For purposes of this exception to the licensure requirements, “institution of higher education” means an institution or college campus within the University of Wisconsin System, a technical college under chapter 38 of the statutes, or any private, nonprofit postsecondary institution that is a member of the Wisconsin Association of Independent Colleges and Universities. 

Licensure: Alternative preparation programs; new pathway to licensure

Key statutes affected:  118.197

The Act requires the Department of Public Instruction to grant an initial license to teach to an individual who (1) fulfills applicable requirements related to criminal convictions and background checks for educators; (2) possesses a bachelor’s degree; and (3) has successfully completed an alternative teacher certification program operated by a nonstock, nonprofit organization described under section 501 (c) (3) of the Internal Revenue Code that satisfies all the following criteria:

  1. The organization operates in at least 5 states.
  2. The organization has been operating an alternative teacher certification program for at least 10 years.
  3. The organization requires candidates to pass a subject area exam and the pedagogy exam known as the Professional Teaching Knowledge exam to receive a certificate under the alternative teacher certification.

An individual who receives a license upon completion of such an alternative preparation program is authorized to teach the subject and educational levels for which the individual successfully completed the program. This should also result in additional individuals being in your applicant pool. Since the pedagogical requirements underneath this provision are quite different from traditional educational program’s licensure, a principal may need to assess the alternative preparation applicant’s licensure process to gauge its rigor in determining the applicant’s relative qualifications to a candidate licensed in the traditional higher education model in Wisconsin.

 

Summary

The State Budget made numerous changes that will affect teacher and administrative licensure. The principal will play a vital role in implementing and reacting to these changes to ensure that the quality of educators meet the expectations of his/her district.

 

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Elementary Edition - Secondary Edition - District Level Edition