LRBs0326/1
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2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 693
February 14, 2018 - Offered by Representative Thiesfeldt.
AB693-ASA2,1,5 1An Act to renumber and amend 118.21 (1); and to create 118.21 (1) (b), 118.40
2(1m) (b) 16., 118.40 (2r) (b) 2. fm., 118.40 (2x) (b) 2. fm. and 119.16 (16) of the
3statutes; relating to: right of a teacher in a public school, including a charter
4school, or an instructional staff member at an independent charter school to
5terminate his or her employment under certain circumstances.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB693-ASA2,1 6Section 1 . 118.21 (1) of the statutes is renumbered 118.21 (1) (a) and amended
7to read:
AB693-ASA2,2,38 118.21 (1) (a) The school board shall contract in writing with qualified teachers.
9The school board shall file a contract, with a copy of the teacher's authority to teach
10attached, shall be filed with the school district clerk. Such contract, in addition to
11fixing the teacher's wage, may provide for compensating the teacher for necessary

1travel expense. A teaching contract with any person not legally authorized to teach
2the named subject or at the named school shall be void. All teaching contracts shall
3terminate if, and when, the authority to teach terminates.
AB693-ASA2,2 4Section 2 . 118.21 (1) (b) of the statutes is created to read:
AB693-ASA2,2,95 118.21 (1) (b) 1. In this paragraph, “physical assault” means the knowing or
6intentional touching of another person, by the use of any body part or object, with the
7intent to cause physical harm. “Physical assault” does not include the reasonable
8and necessary use of force for the purpose of self-defense or the defense of others
9under s. 939.48.
AB693-ASA2,2,2010 2. Beginning on the effective date of this subdivision .... [LRB inserts date], the
11school board shall include in each contract under this section a provision authorizing
12the teacher to terminate his or her contract without penalty, including the penalty
13of the payment of liquidated damages, if the teacher is the victim of a physical assault
14or of a violent crime, as defined in s. 939.632 (1) (e), while the teacher is on school
15premises, at or in transit to a school-sponsored activity, or otherwise engaged in
16official duties on behalf of the school district. The provision required under this
17subdivision shall specify that a teacher may terminate his or her contract as provided
18under this subdivision only if the teacher provides the school board with a law
19enforcement report documenting the physical assault or violent crime within 2
20months of the incident covered in the report.
AB693-ASA2,3 21Section 3. 118.40 (1m) (b) 16. of the statutes is created to read:
AB693-ASA2,3,822 118.40 (1m) (b) 16. Beginning on the effective date of this subdivision .... [LRB
23inserts date], a provision authorizing a teacher employed in the charter school to
24terminate his or her employment with the person operating the school without
25penalty, including the penalty of the payment of liquidated damages, if the teacher

1is the victim of a physical assault, as defined in s. 118.21 (1) (b) 1., or of a violent crime,
2as defined in s. 939.632 (1) (e), while the teacher is on school premises, at or in transit
3to a school-sponsored activity, or otherwise engaged in official duties on behalf of the
4charter school. The provision required under this subdivision shall specify that a
5teacher may terminate his or her contract as provided under this subdivision only
6if the teacher provides the governing board with a law enforcement report
7documenting the physical assault or violent crime within 2 months of the incident
8covered in the report.
AB693-ASA2,4 9Section 4. 118.40 (2r) (b) 2. fm. of the statutes is created to read:
AB693-ASA2,3,2210 118.40 (2r) (b) 2. fm. Beginning on the effective date of this subd. 2. fm. .... [LRB
11inserts date], a provision authorizing an instructional staff person employed in the
12charter school to terminate his or her employment with the person operating the
13school without penalty, including the penalty of the payment of liquidated damages,
14if the instructional staff person is the victim of a physical assault, as defined in s.
15118.21 (1) (b) 1., or of a violent crime, as defined in s. 939.632 (1) (e), while the
16instructional staff person is on school premises, at or in transit to a school-sponsored
17activity, or otherwise engaged in official duties on behalf of the charter school. The
18provision required under this subd. 2. fm. shall specify that an instructional staff
19person may terminate his or her contract as provided under this subd. 2. fm. only if
20the instructional staff person provides the governing board with a law enforcement
21report documenting the physical assault or violent crime within 2 months of the
22incident covered in the report.
AB693-ASA2,5 23Section 5. 118.40 (2x) (b) 2. fm. of the statutes is created to read:
AB693-ASA2,4,1124 118.40 (2x) (b) 2. fm. Beginning on the effective date of this subd. 2. fm. .... [LRB
25inserts date], a provision authorizing an instructional staff person employed in the

1charter school to terminate his or her employment with the person operating the
2school without penalty, including the penalty of the payment of liquidated damages,
3if the instructional staff person is the victim of a physical assault, as defined in s.
4118.21 (1) (b) 1., or of a violent crime, as defined in s. 939.632 (1) (e), while the
5instructional staff person is on school premises, at or in transit to a school-sponsored
6activity, or otherwise engaged in official duties on behalf of the charter school. The
7provision required under this subd. 2. fm. shall specify that an instructional staff
8person may terminate his or her contract as provided under this subd. 2. fm. only if
9the instructional staff person provides the governing board with a law enforcement
10report documenting the physical assault or violent crime within 2 months of the
11incident covered in the report.
AB693-ASA2,6 12Section 6 . 119.16 (16) of the statutes is created to read:
AB693-ASA2,4,2413 119.16 (16) Teacher employment contracts. Beginning on the effective date
14of this subsection .... [LRB inserts date], the board shall include in any employment
15contract with a teacher a provision authorizing the teacher to terminate his or her
16contract without penalty, including the penalty of the payment of liquidated
17damages, if the teacher is a victim of a physical assault, as defined in s. 118.21 (1)
18(b) 1., or of a violent crime, as defined in s. 939.632 (1) (e), while the teacher is on
19school premises, at or in transit to a school-sponsored activity, or otherwise engaged
20in official duties on behalf of the school district. The provision required under this
21subsection shall specify that a teacher may terminate his or her contract as provided
22under this subsection only if the teacher provides the school board with a law
23enforcement report documenting the physical assault or violent crime within 2
24months of the incident covered in the report.
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