Plain language analysis
There are two ways an individual may receive a grant under the national teacher certification or master educator licensure program under s. 115.42, Stats.:
  Through a national process by obtaining a national certificate issued by the National Board for Professional Teaching Standards (NBPTS).
  Through a state process by completing the Wisconsin master educator assessment process.
Previous language under s. 115.42, Stats., allowed only persons certified through the national process to be awarded grants of up to $2,000 for the first year and $2,500 annually for nine years thereafter if certain conditions were met. 2007 Wisconsin Act 20, the biennial budget bill, modified s. 115.42, Stats., to allow persons receiving master educator licenses through the state process to also receive the grants. In addition, the Act provided an incentive to grant recipients to work in high poverty schools. Finally, the Act allows master educators through the state process to be exempt from continuing education requirements as are teachers certified through the national process.
To reflect statutory language, Chapter PI 37, Wis. Admin. Code, relating to Grants for National Teacher Certification, is being modified to: 1) allow master educators that have completed the Wisconsin master educator assessment process to receive a grant under the program, 2) allow master educators receiving licenses through the state process or teachers certified through the national process to receive $5,000 (rather than $2,500) if they work in a school in which at least 60 percent of the pupils enrolled are eligible for free or reduced-price lunch, and 3) allow master educators receiving licenses through the state process to be exempt from continuing education requirements.
The rules are also being modified to clarify that:
  The term “teacher" includes school psychologists, school counselors, and school social workers who are not under contract as an administrator.
  A teacher must be working as an instructor, school psychologist, school counselor, or school social worker for a minimum of 40 percent full-time equivalency for at least 180 days in a school year to qualify for a grant.
  A teacher may renew his or her 10-year national board certification or Wisconsin master educator license and continue receiving a grant under this program.
The provisions allowing teachers who have completed the state process to receive grants under this program first applies to persons who were licensed as Wisconsin master educators by the department on or after July 1, 2005.
The provision allowing teachers to receive $5,000, rather than $2,500, if employed in high poverty districts first applies to persons applying for a grant on or after July 1, 2007.
The provision requiring an applicant to work 40 percent full-time equivalency for at least 180 days in a school year first applies to persons applying for a grant on or after July 1, 2008.
Emergency rules were promulgated effective May 17, 2008, in order to establish the new application criteria and procedures to award grants to eligible applicants in the 2007-08 school year.
Comparison with federal regulations
None
Comparison with rules in adjacent states
Michigan and Minnesota - do not have rules relating to grants for national board certified teachers or state certified master educators.
Iowa - As of December 31, 2007, funds will no longer be available to new candidates. However, Iowa did provide a grant program to national board certified teachers (NBCTs) prior to that date. NBCTs that received the grant will be able to complete the 10 year grant process. To be eligible, an applicant must meet all of the following:
  The individual is a national board certified (NBC) teacher.
  The individual is a teacher.
  The individual is employed by a school district in Iowa.
  The individual receives a salary as a classroom teacher.
  The individual completes the application process.
  The individual has not received an NBC annual award for more than ten years.
The initial award is for one-half of the reimbursement fee charged by the NBPTS, or a prorated amount, if funds are not available.
An eligible teacher who received NBC certification prior to May 1, 2000, will receive an annual award of up to $5,000 or a prorated amount for a period of ten years or until the teacher's total state annual award amount reaches $50,000. An eligible teacher who received NBC certification after May 1, 2000 will receive an annual award of up to $2,500 or a prorated amount for a maximum of ten years. An otherwise eligible teacher who possesses a teaching contract that is less than full-time shall receive an award prorated to reflect the type of contract (i.e. half-time, quarter-time, etc.).
It is unclear as to whether Iowa has a state master educator certification process.
Illinois – Requires persons holding a certificate issued by the NBPTS to apply for a master certificate. Holders of an Illinois master certificate who are employed for no less than the equivalent of half of the school year as a teacher or school counselor in a public school setting are eligible for a $3,000 stipend. If funding is limited, this amount may be prorated and grant awards may be prioritized. Holders of an Illinois master certificate shall be eligible for an annual incentive payment for each year during which:
  He or she holds a certificate issued by the NBPTS.
  He or she is employed by a school district or other public entity providing early childhood, elementary, or secondary education.
  He or she works no less than the equivalent of half the school year.
Additional incentives are provided for applicants that meet further requirements such as providing at least 60 hours of mentoring to classroom teachers.
Illinois does not have a state master educator certification process.
Summary of factual data and analytical methodologies
The intent of awarding grants under this program is to encourage teachers to obtain this rigorous certification and apply the knowledge gained to help pupils directly through classroom instruction and pupil services. It has never been the intent to award funds simply because an individual holds a master educator license or national board certificate.
In its 2007-09 biennial budget request, the department requested that the national teacher certification grant program be expanded to allow teachers receiving master educator licenses through the state process to receive the same grants as those teachers receiving licenses through national certification. To address the needs of high poverty schools that have difficulty attracting highly qualified teachers, the department also proposed to double the amount awarded ($5,000, rather than $2,500) to persons applying for continuing grants under s. 115.42 (2), Stats., if those persons are employed in a school in which at least 60 percent of the school's pupil population is eligible for free or reduced-price lunch under 42 USC 1758 (b).
To encourage individuals to become state certified master educators, the department created a pilot program for FY06 and FY07 to pay up to $2,000 to each applicant who successfully completed the process. Applicants that completed the Wisconsin assessment process received a Wisconsin Master Educator License and received an “initial" grant from the department using federal Title II-A, Elementary and Secondary Education Act funds. Because those funds were limited and not available for long-term obligation, these individuals did not receive “continuing" grants of $2,500. These individuals should be rewarded for participating in the pilot program and receive the $2,500 (or $5,000) grant for nine years just as future Wisconsin master educators will receive these funds. Therefore, an initial applicability section was included in the law (and the rule) to clarify the grant program applies to those master educators who were licensed by the department on or after July 1, 2005.
2007 Wisconsin Act 20 included these provisions in the law and the rule is now being modified to reflect those changes.
The rules are also being modified to clarify that:
  A teacher must be working as an instructor for a minimum of 40 percent full-time equivalency for at least 180 days in a school year to qualify for a grant. This provision will require teachers to be employed as teachers to be eligible to receive a grant.
  The term “teacher" includes school psychologists, school counselors and school social workers who are not administrators. The Wisconsin master educator assessment process offers licensure in areas not currently offered under the NBPTS, including school administration categories and school psychologists, school counselors, and school social workers. The legislature wanted the program to be expanded to “teachers" but not to “school administration categories." Because individuals with non-administrative school psychologist, counselor, and social worker licenses directly serve pupils, the department asserts they should be included in the category of teachers for purposes of these grants.
  A teacher may renew his or her 10-year national board certification or Wisconsin master educator license and continue receiving a grant under this program. The certification of first round national board certified teachers will expire next year. This provision will clarify that they may re-apply for grants if they renew their national certification. Subsequent national board certified teachers or Wisconsin master educator licensed teachers would be eligible to receive a grant upon renewal of their certification or license.
Initial Regulatory Flexibility Analysis
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Fiscal Estimate
Summary
Under s. 20.255 (3) (c), Stats., 2007 Wisconsin Act 20 appropriated additional funds to award grants to persons completing the Wisconsin master educator assessment process and receiving a master educator license in addition to persons holding a National Board for Professional Teaching Standards certificate. An initial grant of up to $2,000 is awarded for the first year and $2,500 is awarded annually for nine years thereafter if certain statutory conditions are met. The Act increased the $2,500 grant amount to $5,000 for teachers who are employed in a school in which at least 60 percent of the pupils enrolled are eligible for free or reduced-price lunch.
The rule establishes criteria and procedures for awarding grants under this program. The rules will have no fiscal effect on local governments or small businesses as defined in s. 227.114 (1) (a), Stats.
The costs associated with administering this grant program will be absorbed by the department.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss. 348.25 (3) and (4) (intro.) and 348.27 (15) (d), Stats., interpreting s. 348.27 (15), Stats., as created by 2007 Wis. Act 171, the Department of Transportation will hold a public hearing on permanent and emergency rules creating Chapter Trans 263, Wis. Adm. Code, relating to multiple trip overweight permits for vehicles transporting granular roofing materials.
Hearing Information
Date
Location
July 30, 2008
at 10:00 AM
Hill Farms State Transportation Bldg.
Room 144-B

4802 Sheboygan Avenue
Madison, WI,
Parking for persons with disabilities and an accessible entrance are available.
Copies of Rules
A copy of the proposed permanent rule or emergency rule may be obtained upon request from Carson Frazier, Wisconsin Department of Transportation, Division of Motor Vehicles, Bureau of Vehicle Services, Room 255, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or via e-mail: carson.frazier@dot.state.wi.us.
Agency Contact Person and Submission of Written Comments
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 255, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or via e-mail: carson.frazier@dot.state. wi.us.
To view the proposed amendments to the proposed rule, view the current rule, or submit written comments via e-mail/internet, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.
Analysis Prepared by the Department of Transportation
Statutes interpreted
Section 348.27 (15), Stats., as created by 2007 Wis. Act 171.
Statutory authority
Explanation of agency authority
The Department is authorized to administer statutes and administrative rules related to vehicle weights, widths, heights, and lengths. Nonstatutory provisions created in 2007 Wis. Act 171, section 6, require the Department to promulgate rules implementing a newly-created multiple trip permit for transporting granular roofing materials by not later than August 1, 2008.
Related statute or rule
Chapter 348, Stats., and Chapters Trans 250 to 278, Wis. Admin. Code.
Plain language analysis
This proposed rule is required by 2007 Wis. Act 171, section 6. The new law creates a multiple trip permit for certain overweight vehicles or vehicle combinations transporting granular roofing materials. The law establishes certain conditions for the permit and certain limitations on operation.
This proposed rule implements those conditions and limitations:
  The permit allows excess gross weight of 10,000 pounds, but not to exceed 90,000 pounds.
  The permit requires that the motor carrier on whose behalf the load is transported be named in the permit.
  The permit requires a named origin, destination, and designated route of travel.
  The permit requires that any municipality or county whose highways make up any part of the designated route pass a resolution allowing that transport, and requires the permit applicant to submit copies of all resolutions to the department along with the permit application.
The proposed rule defines “granular roofing material" in order to make eligibility for permit and enforcement clear and uniform.
The proposed rule states that the permit is not valid on the interstate highway system, and is valid on not more than 2.5 miles of the state trunk highway system.
Comparison with federal regulations
Federal law governs overweight transport on certain federal highways, including general prohibition of divisible overweight loads on the interstate highway system. Pursuant to 23 U.S.C. section 127 and 23 C.F.R. section 658, divisible overweight loads are not allowed on the interstate highway system. 2007 Wis. Act 171 provides that a permit under this law may be issued for up to 2.5 miles on any state trunk highway if such issuance of the permit is consistent with federal law. This proposed rule is consistent with federal law because 2007 Wis. Act 171 authorizes permits for this type of divisible load and transport is not allowed on the interstate highway system.
Comparison with rules in adjacent states
Michigan: Michigan has no rule or statute authorizing overweight loads of granular roofing materials, or similar divisible overweight loads.
Minnesota: Minnesota has no rule or statute authorizing overweight loads of granular roofing materials, or similar divisible overweight loads.
Illinois: Illinois has no rule or statute authorizing overweight loads of granular roofing materials, or similar divisible overweight loads.
Iowa: Iowa has no rule or statute authorizing overweight loads of granular roofing materials, or similar divisible overweight loads.
Summary of factual data and analytical methodologies
This proposed rule implements a newly-enacted law. The Department's implementation of the law, including policies, procedures, and requirements, is the same as the Department applies to all similar multiple trip permits.
Initial Regulatory Flexibility Analysis
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.