Administrative Rule Review Report  #AR10-059

Legislative Service Office

24-Aug-10

 

AGENCY:                                 Professional Teaching Standards Board.

 

DATE SUBMITTED:                   August 16, 2010.

 

SUBJECT:                                 Chapter 4, Program Approval Standards for Endorsement Areas; and Chapter 6, Permits.

 

NATURE OF RULES:                     Legislative, procedural.

 

STATUTORY AUTHORITY:         W.S. 21‑2‑802(a) and (h).

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

 

SUMMARY OF RULES:  Chapter 4 of the Board's rules establishes requirements for obtaining a license in various endorsement areas.  The requirements for an endorsement in agriculture are amended by removing certain items which were previously required and by adding requirements for competency in the areas of agroecology and sustainable systems; agricultural and biotechnology; economics and agriculture literacy; and agricultural products, processing and food safety.  The requirements for an endorsement for driver education are deleted and replaced with a requirement that the applicant must submit an institutional recommendation verifying completion of a driver's education program.

 

The requirements for an endorsement in family and consumer science are revised by making technical changes. The requirements are also amended by removing the requirement that the program include career counseling and by specifying that the program shall require knowledge of professional organizations and other resources and how to develop collaborative relationships for curriculum enrichment and program support.

 

Chapter 4 is also revised by adding an endorsement as a teacher of American Indian children.  The new endorsement specifies certain program requirements including demonstrated knowledge in the areas of: presentation of the American Indian perspective; the connection of tribal language and culture; utilization of elder's expertise; history of American Indian people; cultural differences; native ways of learning; and cultural sensitivity. 

 

Chapter 6 of the existing rules provides requirements for obtaining educator permits.  The rules in chapter 6 regarding requirements for a driver's education permit are amended by removing certain requirements and requiring a passing score on an exam approved by the board.  The rules regarding lifetime substitute permits are amended to remove the requirement that the teacher must have retired from Wyoming and by specifying that the permit may be issued to any previously licensed Wyoming teacher who retired from teaching in the last five years.

 

FINDINGS:  Generally, the rules appear to be within the scope of statutory authority and legislative intent.  There is one area in which the language is confusing and appears not to reflect the agency's intent as stated to LSO.

 

The chapter 4 rules on endorsement as a teacher of American Indian children is somewhat confusing.  Specifically, one sentence states in part: "An applicant must hold a current and valid Wyoming license or have completed an initial teacher education program which meets the following standards to add the Teacher of American Indian Children endorsement."  This sentence, which is different than the language used for the other endorsements in chapter 4, appears on its face to allow an endorsement for any person holding a valid teaching license.  After contacting the board, it appears that was not the intent of the rule.  It appears the intent of the rule can be achieved if portions of the new language are stricken such that the sentence would read:  "An applicant must have completed a program which meets the following standards to add the Teacher of American Indian Children endorsement."

 

 

STAFF RECOMMENDATION:  That the Management Council recommend the Governor use his line item veto authority to modify the language of the rules as stated above.  If the Governor does not believe the line item veto can or should be used as suggested, then the recommendation would be for the Governor to not approve the rules regarding an endorsement as a teacher of American Indian children and to direct the agency to repromulgate the rules to more clearly reflect its intent.

 

 

 

                                                            _______________________

                                                            Joshua Anderson

                                                            Staff Attorney

 

                                                            _______________________

                                                            David K. Gruver

                                                            Assistant Director

JDA/