AB64,680,1314 111.39 (4) (c) If, after hearing, the examiner finds that the respondent has
15engaged in discrimination, unfair honesty testing, or unfair genetic testing, the
16examiner shall make written findings and order such action by the respondent as
17will effectuate the purpose of this subchapter, with or without back pay, except as
18provided in s. 111.392 (12) and except that no attorney fees or costs shall be awarded
19to a complainant under this paragraph if no reinstatement, monetary relief, or other
20substantive or tangible benefit is ordered
. If the examiner awards any payment to
21an employee because of a violation of s. 111.321 by an individual employed by the
22employer, under s. 111.32 (6), the employer of that individual is liable for the
23payment. If the examiner finds a respondent violated s. 111.322 (2m), the examiner
24shall award compensation in lieu of reinstatement if requested by all parties and
25may award compensation in lieu of reinstatement if requested by any party.

1Compensation in lieu of reinstatement for a violation of s. 111.322 (2m) may not be
2less than 500 times nor more than 1,000 times the hourly wage of the person
3discriminated against when the violation occurred. Back pay liability may not
4accrue from a date more than 2 years prior to the filing of a complaint with the
5department. Interim earnings or amounts earnable with reasonable diligence by the
6person discriminated against or subjected to unfair honesty testing or unfair genetic
7testing shall operate to reduce back pay otherwise allowable. Amounts received by
8the person discriminated against or subject to the unfair honesty testing or unfair
9genetic testing as unemployment benefits or welfare payments shall not reduce the
10back pay otherwise allowable, but shall be withheld from the person discriminated
11against or subject to unfair honesty testing or unfair genetic testing and immediately
12paid to the unemployment reserve fund or, in the case of a welfare payment, to the
13welfare agency making the payment.
AB64,1458 14Section 1458 . 111.39 (5) of the statutes is amended to read:
AB64,680,1715 111.39 (5) (a) Any respondent or complainant who is dissatisfied with the
16findings and order of the examiner may file a written petition with the department
17for review by the commission of the findings and order by the administrator.
AB64,681,218 (b) If no petition is filed within 21 days from the date that a copy of the findings
19and order of the examiner is mailed to the last-known address of the respondent the
20findings and order shall be considered final for purposes of enforcement under sub.
21(4) (d). If a timely petition is filed, the commission administrator, on review, may
22either affirm, reverse, or modify the findings or order in whole or in part, or set aside
23the findings and order and remand to the department for further proceedings. Such
24actions shall be based on a review of the evidence submitted. If the commission
25department is satisfied that a respondent or complainant has been prejudiced

1because of exceptional delay in the receipt of a copy of any findings and order it may
2extend the time another 21 days for filing the petition with the department.
AB64,681,103 (c) On motion, the commission administrator may set aside, modify, or change
4any decision made by the commission administrator, at any time within 28 days from
5the date thereof if it discovers any mistake therein, or upon the grounds of newly
6discovered evidence. The commission administrator may on its own motion, for
7reasons it deems sufficient, set aside any final decision of the commission
8administrator within one year from the date thereof upon grounds of mistake or
9newly discovered evidence, and remand the case to the department for further
10proceedings.
AB64,1459 11Section 1459 . 111.392 of the statutes is created to read:
AB64,681,12 12111.392 Offers of settlement. (1) In this section:
AB64,681,1413 (a) “More favorable award” means an order under s. 111.39 (4) (c) to which
14either of the following applies:
AB64,681,1715 1. The order includes an order of reinstatement, or for some other substantive
16or tangible benefit besides a mere finding that the law was violated, that was not
17provided for in a settlement offer made under this section.
AB64,681,2018 2. The order includes a monetary award to the complainant that, exclusive of
19the complainant's pre-offer costs and post-offer costs, exceeds the compensation
20provided for in a settlement offer made under this section.
AB64,681,2221 (b) “Prejudgment interest” means interest at an annual rate equal to 1 percent
22plus the prime rate in effect on the date of the settlement offer.
AB64,682,223 (c) “Pre-offer costs” and “post-offer costs” include reasonable attorney fees,
24filing fees, subpoena fees, copying costs, court reporter fees, reasonable investigative

1costs, reasonable travel expenses, and all other similar fees and expenses related to
2litigating the complaint.
AB64,682,3 3(2) This section applies with respect to complaints under s. 111.39.
AB64,682,7 4(3) Unless otherwise specified, a settlement offer made under this section is an
5offer to resolve all claims between the parties. Settlement offers made under this
6section shall be construed as including all compensation that may be awarded under
7s. 111.39 (4) (c).
AB64,682,11 8(4) At any time between 10 days after a complaint is filed under s. 111.39 (1)
9and 10 days prior to commencement of a hearing under s. 111.39 (4) (b), any party
10may serve an offer upon any other party to the action for settlement to be entered in
11accordance with the terms and conditions stated at that time.
AB64,682,13 12(5) A settlement offer under sub. (4) shall include a citation to this section and
13shall satisfy all of the following:
AB64,682,1414 (a) Be in writing.
AB64,682,1515 (b) Identify parties making the offer and the parties to whom the offer is made.
AB64,682,1616 (c) Identify generally the claim the offer is attempting to resolve.
AB64,682,1717 (d) State the terms and conditions of the offer.
AB64,682,1818 (e) Include one of the following:
AB64,682,2219 1. If the complainant is making the offer, the statement “In accordance with and
20subject to s. 111.392, Wis. Stats., if this offer is not accepted and a more favorable
21award is obtained by the complainant, prejudgment interest will attach to the final
22award from the date this offer was received.”
AB64,683,223 2. If the respondent is making the offer, the statement “In accordance with and
24subject to s. 111.392, Wis. Stats., if this offer is not accepted and the complainant fails

1to obtain a more favorable award, the respondent will be entitled to post-offer costs
2and fees, including attorney fees, from the date this offer was received.”
AB64,683,43 (f) State the deadline by which the offer must be accepted, in accordance with
4sub. (11) (b).
AB64,683,75 (g) Include a provision that requires the accepting party and, if the accepting
6party is represented by an attorney, the accepting party's attorney to indicate
7acceptance of the offer by signing a statement that the offer is accepted.
AB64,683,88 (h) Be signed by the offeror or the offeror's attorney of record.
AB64,683,99 (i) Include a certificate of service and be served by certified mail.
AB64,683,1010 (j) Be served on all parties to whom the offer is made.
AB64,683,14 11(6) (a) A settlement offer may be made subject to a confidentiality requirement
12and such other reasonable conditions, including the execution of appropriate
13releases, indemnities, and other documents, as are typical of such settlement
14agreements.
AB64,683,1615 (b) All terms and conditions included in a final and fully executed settlement
16agreement are presumed to be reasonable.
AB64,683,2117 (c) 1. Notwithstanding subs. (12) and (13), if a settlement offer is declined by
18the offeree because of a condition the offeree believes to be unreasonable, and the
19condition is later determined by the department to be unreasonable under the
20circumstances of the case, the offer may not be the basis for an award of post-offer
21costs or prejudgment interest.
AB64,683,2322 2. Notwithstanding subd. 1., if a complainant fails to obtain a more favorable
23award, the monetary amount in the settlement offer shall be considered reasonable.
AB64,684,3
1(7) Service of a settlement offer tolls the offeror's obligations regarding
2discovery, responsive pleadings, and other investigative and litigation obligations
3until one of the following occurs:
AB64,684,54 (a) The offeree accepts or declines the offer as provided in sub. (10) (a) or (11)
5(a).
AB64,684,86 (b) If the offer expires as provided in sub. (11) (b), the offeree acknowledges
7receipt of the offer in writing, with the signature of the offeree and, if the offeree is
8represented by an attorney, the offeree's attorney.
AB64,684,10 9(8) A settlement offer may be withdrawn in writing at any time prior to
10acceptance by the offeree. Once withdrawn, the offer is void.
AB64,684,15 11(9) Any settlement offer, the acceptance or declination of any such offer, and
12any negotiations related to such offers may not be proffered or accepted as evidence
13nor mentioned in a hearing under s. 111.39 (4) (b) or in any other proceedings relating
14to the claim, except as provided in sub. (14), and shall be treated for all other purposes
15as provided in s. 904.08.
AB64,684,22 16(10) (a) Any acceptance of a settlement offer shall, whether made on the
17document containing the offer or on a separate document of acceptance, be in writing,
18be promptly delivered to the offeror or the offeror's attorney, and include the
19signature of the accepting party and, if the accepting party is represented by an
20attorney, the accepting party's attorney. Upon acceptance, the parties are obligated
21to enter into good faith negotiations to memorialize the terms of the settlement and
22execute documents necessary to effectuate the settlement.
AB64,685,223 (b) If a settlement offer is accepted, the parties shall promptly file with the
24department a notice that settlement has been reached between the parties in
25accordance with this section, together with the complainant's request for dismissal

1of the complaint, and the department shall enter the settlement and dismissal of the
2complaint accordingly.
AB64,685,6 3(11) (a) Any declination of a settlement offer shall, except as provided in par.
4(b), be in writing, be promptly delivered to the offeror or the offeror's attorney, and
5include the signature of the offeree and, if the offeree is represented by an attorney,
6the offeree's attorney.
AB64,685,97 (b) If a settlement offer is not accepted or declined in accordance with this
8section prior to a hearing or within 10 days after it is served, whichever occurs first,
9the offer shall expire and be deemed declined.
AB64,685,17 10(12) (a) If a respondent's settlement offer is not accepted and the complainant
11fails to obtain a more favorable award, the complainant shall not recover any
12post-offer costs and shall pay the respondent's post-offer costs from the date of the
13offer. In addition, the complainant shall be required to pay a reasonable sum to cover
14the costs of services of any expert witness who is not a regular employee of any party
15that are actually incurred and reasonably necessary in preparation for the hearing
16or during the hearing. This subsection supersedes any statute awarding post-offer
17costs and fees to a prevailing complainant.
AB64,685,2218 (b) If a respondent's settlement offer is not accepted and the complainant fails
19to obtain a more favorable award, the amounts under par. (a) shall be deducted from
20any award made in favor of the complainant. If the post-offer costs of the respondent
21exceed the amount awarded to the complainant, the net amount shall be awarded to
22the respondent and the award shall be entered accordingly.
AB64,685,24 23(13) If a complainant's settlement offer is not accepted and the complainant
24obtains a more favorable award, the department shall do all of the following:
AB64,685,2525 (a) Award prejudgment interest on the final award from the date of the offer.
AB64,686,4
1(b) Require the respondent to pay a reasonable sum to cover the costs of services
2of any expert witness who is not a regular employee of any party that are actually
3incurred and reasonably necessary in preparation for the hearing or during the
4hearing, in addition to the complainant's costs.
AB64,686,11 5(14) (a) After the department makes an order under s. 111.39 (4) (c), either
6party may make a subsequent motion to introduce evidence of a valid settlement
7offer made under this section that was declined. The motion shall be made within
810 business days after the date of the award and shall identify the parties in the offer,
9who made the offer, the amount of the offer, the date of the offer, and the date it was
10declined. The motion shall also identify the effect the declined offer has on the final
11award and how the department should proceed.
AB64,686,1312 (b) A nonmoving party may file a response to a motion under par. (a) within 5
13business days after the movant files the motion.
AB64,686,16 14(15) Police officers shall be permitted to testify as expert witnesses for the
15purposes of this section. For purposes of this section, “complainant” includes a
16cross-complainant and “respondent” includes a cross-respondent.
AB64,1460 17Section 1460 . 111.395 of the statutes is amended to read:
AB64,686,25 18111.395 Judicial review. Findings and orders of the commission
19administrator under this subchapter are subject to judicial review under ch. 227.
20Orders of the commission shall have the same force as orders of the department
21under chs. 103 to 106 and may be enforced as provided in s. 103.005 (11) and (12) or
22specifically by a suit in equity. In any enforcement action the merits of any order of
23the commission are not subject to judicial review.
Upon such review, or in any
24enforcement action, the department of justice shall represent the commission
25department.
AB64,1461
1Section 1461. 115.001 (3m) of the statutes is amended to read:
AB64,687,72 115.001 (3m) Interim session. “Interim session" means a period of time in a
3school year when school is held by a school in a school district to provide hours of
4direct pupil instruction in addition to the hours of direct pupil instruction provided
5by the school district as required under s. 121.02 (1) (f)
providing 437 hours of direct
6pupil instruction in kindergarten, 1,050 hours of direct pupil instruction in grades
71 to 6, and 1,137 hours of direct pupil instruction in grades 7 to 12
.
AB64,1462 8Section 1462 . 115.28 (7) (g) of the statutes is amended to read:
AB64,687,149 115.28 (7) (g) Notwithstanding s. 118.19 (3), (4m), (6) to (9), and (12) to (14),
10grant a charter school teaching license to any person who has a bachelor's degree and
11demonstrates, based upon criteria established by the department, that the person
12is proficient in the subject or subjects that he or she intends to teach. The license
13authorizes the person to teach that subject or those subjects in a charter school. The
14license is valid for 3 years and is renewable for 3-year periods.
AB64,1463 15Section 1463. 115.28 (7) (gm) of the statutes is amended to read:
AB64,687,2216 115.28 (7) (gm) Notwithstanding s. 118.19 (8), (9), and (11), grant an initial
17charter school principal license to any person who is licensed, or otherwise
18credentialed, to be a school principal in another state if the person holds the license
19or other credential in good standing, has completed at least 3 years of full-time
20classroom teaching, and is eligible for licensure under s. 118.19 (4) and (10). The
21license authorizes the person to be a principal of a charter school. The license is valid
22for 5 years and is renewable for 5-year periods.
AB64,1464 23Section 1464. 115.28 (45) of the statutes is created to read:
AB64,688,224 115.28 (45) Grants for bullying prevention. From the appropriation under
25s. 20.255 (3) (eb), award grants to a nonprofit organization, as defined in s. 108.02

1(19), to provide training and an online bullying prevention curriculum for pupils in
2grades kindergarten to 8.
AB64,1465 3Section 1465 . 115.28 (54m) of the statutes is amended to read:
AB64,688,114 115.28 (54m) Notice of educational options. Include on the home page of the
5department's Internet site a link to information about all of the educational options
6available to children in the state who are at least 3 years old but not yet 18 years old,
7including public schools, private schools participating in a parental choice program,
8charter schools, virtual schools, full-time or part-time open enrollment, youth
9options, course options
in a nonresident school district, the early college credit
10program
, and options for pupils enrolled in a home-based private educational
11program.
AB64,1466 12Section 1466. 115.28 (59) (am) of the statutes is created to read:
AB64,688,2313 115.28 (59) (am) Work with the department of children and families to develop
14success sequence-related instruction and materials to be incorporated into the
15academic and career planning services provided to pupils under par. (a), and ensure
16that, beginning in the 2019-20 school year, every school board incorporates the
17success sequence information in its academic and career planning services. The
18department of children and families shall approve any instruction and materials
19developed under this paragraph before the instruction and materials are provided
20to pupils. In this paragraph, success sequence refers to the idea that economic
21success is more likely if an individual follows 3 norms: graduating high school;
22maintaining a full-time job or having a partner who does; and having children while
23married and after age 21, if the decision is made to become parents.
AB64,1467 24Section 1467. 115.28 (59) (d) of the statutes is amended to read:
AB64,689,2
1115.28 (59) (d) Promulgate Subject to par. (am), promulgate rules to implement
2this subsection.
AB64,1468 3Section 1468. 115.28 (63) of the statutes is created to read:
AB64,689,94 115.28 (63) Mental health training program. Establish a mental health
5training support program under which the department provides training on
6evidence-based strategies related to addressing mental health issues in schools to
7school district staff and instructional staff of charter schools under s. 118.40 (2r) or
8(2x). The state superintendent shall ensure that at least all of the following
9evidence-based strategies are included in training provided under this subsection:
AB64,689,1010 (a) Screening, brief intervention, and referral to treatment.
AB64,689,1111 (b) Trauma sensitive schools.
AB64,689,1212 (c) Youth mental health first aid.
AB64,1469 13Section 1469. 115.353 of the statutes is created to read:
AB64,689,19 14115.353 Community and school mental health collaboration grants. (1)
15 The department shall develop, implement, and, beginning in the 2018-19 school
16year, administer a grant program under which the department awards grants to
17school districts and charter schools under s. 118.40 (2r) and (2x) for the purpose of
18collaborating with community mental health providers to provide mental health
19services to pupils.
AB64,689,21 20(2) The department shall award grants under sub. (1) from the appropriation
21under s. 20.255 (2) (db).
AB64,689,23 22(3) The department shall promulgate rules to implement and administer this
23section.
AB64,1470 24Section 1470. 115.364 of the statutes is created to read:
AB64,689,25 25115.364 Aid for school mental health programs. (1) In this section:
AB64,690,5
1(a) “Eligible independent charter school” is a school under contract with one of
2the entities under s. 118.40 (2r) (b) 1. or with the director under s. 118.40 (2x) that
3increased the amount it expended in the preceding school year to employ, hire, or
4retain social workers over the amount it expended in the school year immediately
5preceding the preceding school year to employ, hire, or retain social workers.
AB64,690,96 (b) “Eligible school district” is a school district that increased the amount it
7expended in the preceding school year to employ, hire, or retain social workers over
8the amount it expended in the school year immediately preceding the preceding
9school year to employ, hire, or retain social workers.
AB64,690,11 10(2) (a) Beginning in the 2018-19 school year and annually thereafter, the state
11superintendent shall do all of the following:
AB64,690,1612 1. Subject to par. (b), from the appropriation under s. 20.255 (2) (da), pay to an
13eligible school district an amount equal to 50 percent of the amount by which the
14school district increased its expenditures in the preceding school year to employ, hire,
15or retain social workers over the amount it expended in the school year immediately
16preceding the preceding school year to employ, hire, or retain social workers.
AB64,690,2217 2. Subject to par. (b), from the appropriation under s. 20.255 (2) (da), pay to an
18eligible independent charter school an amount equal to 50 percent of the amount by
19which the independent charter school increased its expenditures in the preceding
20school year to employ, hire, or retain social workers over the amount it expended in
21the school year immediately preceding the preceding school year to employ, hire, or
22retain social workers.
AB64,691,223 (b) 1. If the appropriation under s. 20.255 (2) (da) in any fiscal year is
24insufficient to pay the full amount of aid under par. (a), the state superintendent

1shall prorate state aid payments among the school districts and independent charter
2schools eligible for the aid.
AB64,691,93 2. a. Subject to subd. 2. b., if, after making the payments required under par.
4(a), moneys remain in the appropriation account under s. 20.255 (2) (da), the state
5superintendent shall reimburse eligible school districts and independent charter
6schools for an amount equal to expenditures made by the school district or
7independent charter school in the preceding school year to employ, hire, or retain
8social workers less the amount of increased expenditures for which the school district
9or independent charter school was reimbursed under par. (a).
AB64,691,1310 b. If the appropriation under s. 20.255 (2) (da) in any fiscal year is insufficient
11to pay the full amount of aid under subd. 2. a., the state superintendent shall prorate
12state aid payments among the school districts and independent charter schools
13eligible for the aid.
AB64,691,15 14(3) The department shall promulgate rules to implement and administer this
15section.
AB64,1471 16Section 1471 . 115.38 (1) (d) of the statutes is amended to read:
AB64,691,2017 115.38 (1) (d) The number and percentage of resident pupils attending a course
18at an educational institution in a nonresident school district under s. 118.52, the
19number of nonresident pupils attending a course in the school district under s.
20118.52, and the courses taken by those pupils.
AB64,1472 21Section 1472. 115.385 (1) (d) of the statutes is created to read:
AB64,691,2322 115.385 (1) (d) For a school district and for each high school in that school
23district, all of the following information:
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