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2011 - 2012 LEGISLATURE
May 4, 2011 - Introduced by Senators Darling, Schultz, Galloway, Leibham,
Lazich
and Wanggaard, cosponsored by Representatives Thiesfeldt,
Petrowski, Kestell, Ziegelbauer, Jacque, Spanbauer, Endsley, A. Ott,
Nygren, Bernier, Kerkman, Steineke, Brooks, Mursau, Kleefisch,
LeMahieu, Kramer, Nass, Williams, Bies, Tauchen, Stone, Petersen,
Pridemore
and Vos. Referred to Committee on Labor, Public Safety, and
Urban Affairs.
SB86,1,3 1An Act to create 111.335 (1) (d) of the statutes; relating to: permitting an
2educational agency to refuse to employ or to terminate from employment an
3unpardoned felon.
Analysis by the Legislative Reference Bureau
Current law, subject to certain exceptions, prohibits discrimination in
employment based on conviction record. Current law specifies, however, that it is not
employment discrimination because of conviction record to refuse to employ or to
terminate from employment an individual who has been convicted of a felony,
misdemeanor, or other offense, the circumstances of which substantially relate to the
circumstances of the particular job. This bill specifies that it is not employment
discrimination because of conviction record for an educational agency to refuse to
employ or to terminate from employment an individual who has been convicted of a
felony and who has not been pardoned for that felony, whether or not the
circumstances of the felony substantially relate to the circumstances of the
particular job.
Under the bill, an "educational agency" is defined as a school district, a
cooperative educational service agency, a county children with disabilities education
board, a state prison, a juvenile correctional facility, a secured residential care center
for children and youth, the Wisconsin Center for the Blind and Visually Impaired,
the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, the
Mendota Mental Health Institute, the Winnebago Mental Health Institute, a state
center for the developmentally disabled, a private school, a charter school, an agency

under contract with a school board to provide a program for children at risk, or a
nonsectarian private school or agency under contract with the Milwaukee Public
Schools board to provide educational programs for children enrolled in the school
district.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB86, s. 1 1Section 1. 111.335 (1) (d) of the statutes is created to read:
SB86,2,122 111.335 (1) (d) 1. In this paragraph, "educational agency" means a school
3district, a cooperative educational service agency, a county children with disabilities
4education board, a state prison under s. 302.01, a juvenile correctional facility, as
5defined in s. 938.02 (10p), a secured residential care center for children and youth,
6as defined in s. 938.02 (15g), the Wisconsin Center for the Blind and Visually
7Impaired, the Wisconsin Educational Services Program for the Deaf and Hard of
8Hearing, the Mendota Mental Health Institute, the Winnebago Mental Health
9Institute, a state center for the developmentally disabled, a private school, a charter
10school, a private, nonprofit, nonsectarian agency under contract with a school board
11under s. 118.153 (3) (c), or a nonsectarian private school or agency under contract
12with the board of school directors in a 1st class city under s. 119.235 (1).
SB86,2,1613 2. Notwithstanding s. 111.322, it is not employment discrimination because of
14conviction record for an educational agency to refuse to employ or to terminate from
15employment an individual who has been convicted of a felony and who has not been
16pardoned for that felony.
SB86,2,1717 (End)
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