Yesterday (12/2), the Department of Public Instruction (DPI) published a new Emergency Rule (Emergency Rule 2043) intended to provide flexibility under Chapter PI 34 (the licensing-related chapter) of the DPI’s administrative rules to help address staffing needs in schools and to adjust student teaching requirements in clinical programs.
The Emergency Rule amends the short-term substitute provisions in PI 34 to allow for extended assignments during the pandemic. To help board members and administrators understand the changes, our November WASB Legal and Legislative Update Webinar focused on this rule change. In addition, the WASB created a brief guide describing the Emergency Rule and its effect on the assignment of persons in various licensure categories and its effect on pre-student teaching and student teaching clinical program requirements.
Licensure flexibility is among the flexibilities the WASB has been advocating for to help schools during the pandemic.
In a note to school district administrators, the DPI noted an important caveat about the use of this Emergency Rule when it stated: “As you consider any extended assignments, please note the Individuals with Disabilities Education Act (IDEA) requires special education teachers to hold at least a bachelor’s degree and does not permit licensure requirements to be waived on an emergency, temporary, or provisional basis. Therefore, an individual must hold a provisional, lifetime, master educator, or a one- or three-year license with stipulations in special education in the grade or developmental level they are assigned to in order to teach special education for more than 45 consecutive days.”
This Emergency Rule will be in effect for 150 days. As part of the emergency rulemaking process, the DPI must schedule a hearing on the rule within 45 days and will have the option to ask the Legislature to extend the rule for up to two additional 60-day time periods.
