Section PI 34.009 - Denials and appeal rights(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: (a) The legal and factual basis for the denial, including the specific areas of noncompliance.(b) The educator preparation program's appeal rights under sub. (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: (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.(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.(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.(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.(3) GRANTING OR DENYING REQUEST. The state superintendent may only grant a request for a hearing if all of the following apply:(a) The request complies with all of the requirements under sub. (2).(b) The appellant is entitled to a hearing under s. 227.42, Stats.(4) NOTIFICATION TO STUDENTS. If an educator preparation program does not submit an appeal under sub. (2) or the state superintendent denies an appeal under sub. (3), the educator preparation program shall provide written notice to each prospective and currently enrolled student in the program of the denial. Within 15 days of receiving notice of denial, the educator preparation program shall submit to the department the names of all students currently enrolled in the educator preparation program and the program's plan to assist currently enrolled students in completing the program.Wis. Admin. Code Department of Public Instruction PI 34.009
Cr. Register, April, 2000, No. 532, eff. 5-1-00.Adopted by, CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (1) (intro.) made under s. 35.17, Stats., Register July 2018 No. 751, eff. 8/1/2018