118.164 History
History: 1997 a. 335.
118.165(1)(1) An institution is a private school if its educational program meets all of the following criteria:
118.165(1)(a)
(a) The primary purpose of the program is to provide private or religious-based education.
118.165(1)(c)
(c) The program provides at least 875 hours of instruction each school year.
118.165(1)(d)
(d) The program provides a sequentially progressive curriculum of fundamental instruction in reading, language arts, mathematics, social studies, science and health. This subsection does not require the program to include in its curriculum any concept, topic or practice in conflict with the program's religious doctrines or to exclude from its curriculum any concept, topic or practice consistent with the program's religious doctrines.
118.165(1)(e)
(e) The program is not operated or instituted for the purpose of avoiding or circumventing the compulsory school attendance requirement under
s. 118.15 (1) (a) and
(am).
118.165(1)(f)
(f) The pupils in the institution's educational program, in the ordinary course of events, return annually to the homes of their parents or guardians for not less than 2 months of summer vacation, or the institution is licensed as a child welfare agency under
s. 48.60 (1).
118.165(2)
(2) An institution may request the state superintendent to approve the institution's educational program as a private school. The state superintendent shall base his or her approval solely on the criteria under
sub. (1).
118.167
118.167
Private school determination by state superintendent. If an association that regulates or accredits private educational institutions in this state submits an affidavit to the state superintendent attesting that the institution meets or exceeds all of the criteria under
s. 118.165 and the state superintendent finds that the institution does meet or exceed all of the criteria under
s. 118.165, the state superintendent shall determine that the institution is a private school. If at any time the state superintendent finds that an institution determined to be a private school under this section no longer meets the criteria under
s. 118.165, the state superintendent may withdraw the determination.
118.169
118.169
Pupil identification numbers. A school board, and the governing body of a private school, may assign to each pupil enrolled in the school district or private school a unique identification number. The school board or governing body shall not assign to any pupil an identification number that is identical to or incorporates the pupil's social security number. This section does not prohibit a school board or governing body from requiring a pupil to disclose his or her social security number, nor from using a student's social security number if such use is required by a federal or state agency or private organization in order for the school district or private school to participate in a particular program.
118.169 History
History: 1997 a. 128.
118.17
118.17
Indigent children. The principal or teacher in charge of any public school shall report to the county department under
s. 46.215,
46.22 or
46.23 for the county wherein the school is situated the name and address of any child in the school whose parent, guardian or other person having control, charge or custody of the child is without sufficient means to furnish the child with food or clothing necessary to enable the child to attend school.
118.17 History
History: 1985 a. 29;
1995 a. 27.
118.17 Cross-reference
Cross-reference: Section
120.12 (11) provides for free books and school supplies for indigent children.
118.175
118.175
Pupils without parents or guardians; report required. 118.175(2)
(2) If a pupil is a child who is without a parent or guardian, any school teacher, school administrator, school counselor or school social worker who knows that the child is without a parent or guardian shall report that fact as soon as possible to the county department under
s. 46.22 or
46.23 or, in a county having a population of 500,000 or more, to the department of health services.
118.175 History
History: 1999 a. 9,
133;
2007 a. 20 s.
9121 (6) (a).
118.18
118.18
Teacher reports. Every teacher shall record the names, ages and studies of all pupils under his or her charge and their daily attendance and such other facts or matters relating to the school as the state superintendent or school board requires.
118.19
118.19
Teacher certificates and licenses. 118.19(1)
(1) Except as provided in
s. 118.40 (8) (b) 2., any person seeking to teach in a public school, including a charter school, or in a school or institution operated by a county or the state shall first procure a license or permit from the department.
118.19(1m)(a)(a) The department of public instruction may not issue or renew a license or permit or revalidate a license that has no expiration date unless the applicant provides the department of public instruction with his or her social security number. The department of public instruction may not disclose the social security number except to the department of revenue for the sole purpose of requesting certifications under
s. 73.0301 and to the department of workforce development for the sole purpose of requesting certifications under
s. 108.227.
118.19(1m)(b)
(b) The department of public instruction may not issue or renew a license or permit or revalidate a license that has no expiration date if the department of revenue certifies under
s. 73.0301 that the applicant, licensee, or permit holder is liable for delinquent taxes or if the department of workforce development certifies under
s. 108.227 that the applicant, licensee, or permit holder is liable for delinquent unemployment insurance contributions.
118.19(1r)(a)(a) As provided in the memorandum of understanding under
s. 49.857, the department of public instruction may not issue or renew a license or permit or revalidate a license that has no expiration date unless the applicant provides the department of public instruction with his or her social security number. The department of public instruction may not disclose the social security number except to the department of children and families for the sole purpose of administering
s. 49.22.
118.19(1r)(b)
(b) As provided in the memorandum of understanding under
s. 49.857, the department may not issue or renew a license or permit or revalidate a license that has no expiration date if the applicant, licensee or permit holder is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the applicant, licensee or permit holder fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings.
118.19(1s)(a)(a) Notwithstanding
subs. (1m) and
(1r), if an applicant does not have a social security number, the applicant, as a condition of applying for, or applying to renew or revalidate, a license under this section shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number.
118.19(1s)(b)
(b) The teaching license of a person who submits a false statement under
par. (a) is invalid.
118.19(2)
(2) Until the end of the 1971-1972 school year, no certificate or license to teach in any public school may be issued unless the applicant has completed, beyond the work of the high school, 2 years of school work which were devoted to pedagogical instruction and training. Any teacher who has taught in any public school in the 1937-1938 school year or prior thereto may continue to teach in the public schools without complying with this subsection.
118.19(3)(a)(a) No license to teach in any public school may be issued unless the applicant possesses a bachelor's degree including such professional training as the department by rule requires, except as permitted under
par. (b) and
ss. 115.28 (17) (a) and
118.192. Notwithstanding
s. 36.11 (16), no teacher preparatory program in this state may be approved by the state superintendent under
s. 115.28 (7) (a), unless each student in the program is required to complete student teaching consisting of full days for a full semester following the daily schedule and semester calendar of the cooperating school. No license to teach in any public school may be granted to an applicant who completed a professional training program outside this state unless the applicant completed student teaching consisting of full days for a full semester following the daily schedule and semester calendar of the cooperating school or the equivalent, as determined by the state superintendent. The state superintendent may grant exceptions to the student teaching requirements under this paragraph when the midyear calendars of the institution offering the teacher preparatory program and the cooperating school differ from each other and would prevent students from attending classes at the institution in accordance with the institution's calendar. The state superintendent shall promulgate rules to implement this subsection.
118.19(3)(b)
(b) The state superintendent shall permanently certify any applicant to teach Wisconsin native American languages and culture who has successfully completed the university of Wisconsin-Milwaukee school of education approved Wisconsin native American languages and culture project certification program at any time between January 1, 1974, and December 31, 1977. School districts shall not assign individuals certified under this paragraph to teach courses other than Wisconsin native American languages and culture, unless they qualify under
par. (a).
118.19(4)(a)(a) Notwithstanding
subch. II of ch. 111, the state superintendent may not grant a license, for 6 years following the date of the conviction, to any person who has been convicted of any Class A, B, C, or D felony under
ch. 940 or
948, except
ss. 940.08 and
940.205, or of an equivalent crime in another state or country, for a violation that occurs on or after September 12, 1991, or any Class E, F, G, or H felony under
ch. 940 or
948, except
ss. 940.08 and
940.205, for a violation that occurs on or after February 1, 2003. The state superintendent may grant the license only if the person establishes by clear and convincing evidence that he or she is entitled to the license.
118.19(4)(b)
(b) Notwithstanding
par. (a), the state superintendent shall grant a license to a person convicted of a crime described under
par. (a), prior to the expiration of the 6-year period following the conviction, if the conviction is reversed, set aside or vacated.
118.19(4m)
(4m) The state superintendent may not issue or renew a license to teach the visually impaired unless the applicant demonstrates, based on criteria established by the state superintendent by rule, that he or she is proficient in reading and writing braille and in teaching braille. In promulgating rules under this subsection, the state superintendent shall take into consideration the standard used by the librarian of congress for certifying braille transcribers.
118.19(6)
(6) In granting certificates or licenses for the teaching of courses in economics, social studies or agriculture, adequate instruction in cooperative marketing and consumers' cooperatives shall be required. In granting certificates or licenses for the teaching of courses in science or social studies, adequate instruction in the conservation of natural resources shall be required.
118.19(7)
(7) No certificate or license to teach industrial arts subjects may be issued unless the applicant has had 3 years of practical experience beyond apprenticeship or 4 years of institutional training in such subjects. For purposes of salary schedules and promotion, any person teaching an industrial arts subject on January 1, 1936, who had 5 years of practical or teaching experience in such subject shall be deemed to have the equivalent of a bachelor's degree.
118.19(8)
(8) The state superintendent may not grant to any person a license to teach unless the person has received instruction in the study of minority group relations, including instruction in the history, culture and tribal sovereignty of the federally recognized American Indian tribes and bands located in this state.
118.19(9)(a)(a) Except as provided in
par. (b), the state superintendent may not issue an initial teaching license, school district administrator's license or school administrator's license unless the applicant has demonstrated competency in all of the following:
118.19(9)(a)1.
1. Resolving conflicts between pupils and between pupils and school staff.
118.19(9)(a)2.
2. Assisting pupils in learning methods of resolving conflicts between pupils and between pupils and school staff, including training in the use of peer mediation to resolve conflicts between pupils.
118.19(9)(a)3.
3. Dealing with crises, including violent, disruptive, potentially violent or potentially disruptive situations, that may arise in school or at activities supervised by a school as a result of conflicts between pupils or between pupils and other persons.
118.19(9)(b)
(b) The state superintendent may waive the requirements under
par. (a) if the applicant demonstrates competency in the subjects under
par. (a) 1. to
3. within 12 months after the date on which the license is issued.
118.19(10)(b)
(b) With the assistance of the department of justice, the state superintendent shall do all of the following:
118.19(10)(b)1.
1. Conduct a background investigation of each applicant for issuance or renewal of a license or permit.
118.19(10)(b)2.
2. Over a 5-year period, conduct a background investigation of each person who holds a license, issued by the state superintendent, that has no expiration date and who is employed by an educational agency.
118.19(10)(c)
(c) If the person under
par. (b) is a nonresident, or if the state superintendent determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the state superintendent shall require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.
118.19(10)(d)
(d) Upon request, an educational agency shall provide the state superintendent with all of the following information about each person employed by the educational agency who holds a license, issued by the state superintendent, that has no expiration date:
118.19(10)(d)2.
2. The person's social security number or the license identification number given by the department when the person's original license was issued.
118.19(10)(d)3.
3. Other identifying information, including the person's birthdate, sex, race and any identifying physical characteristics.
118.19(10)(e)
(e) The state superintendent may issue or renew a license or permit conditioned upon the receipt of a satisfactory background investigation.
118.19(10)(f)
(f) The state superintendent shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Except as provided in
par. (g), such information is not subject to inspection or copying under
s. 19.35.
118.19(10)(g)
(g) At the request under
s. 49.22 (2m) of the department of children and families or a county child support agency under
s. 59.53 (5), the state superintendent shall release the name and address of the applicant or licensee, the name and address of the applicant's or licensee's employer and financial information, if any, related to the applicant or licensee obtained under this subsection to the department of children and families or the county child support agency.
118.19(11)
(11) The department may promulgate rules establishing requirements for licensure as a school principal. A school principal license shall authorize the individual to serve as a school principal for any grade level.
118.19(12)
(12) Beginning on July 1, 1998, the department may not issue or renew a license that authorizes the holder to teach reading or language arts to pupils in any prekindergarten class or in any of the grades from kindergarten to 6 unless the applicant has successfully completed instruction preparing the applicant to teach reading and language arts using appropriate instructional methods, including phonics. The phonics instruction need not be provided as a separate course. In this subsection, "phonics" means a method of teaching beginners to read and pronounce words by learning the phonetic value of letters, letter groups and syllables.
118.19(14)(a)(a) The department may not issue an initial teaching license that authorizes the holder to teach in grades kindergarten to 5 or in special education, an initial license as a reading teacher, or an initial license as a reading specialist, unless the applicant has passed an examination identical to the Foundations of Reading test administered in 2012 as part of the Massachusetts Tests for Educator Licensure. The department shall set the passing cut score on the examination at a level no lower than the level recommended by the developer of the test, based on this state's standards.
118.19(14)(c)
(c) Any teacher who passes the examination under
par. (a) shall notify the department, which shall add a notation to the teacher's license indicating that he or she passed the examination.
118.19(16)
(16) The department shall ensure that teaching experience gained while a person held an emergency permit issued by the department under
s. PI 34.21 (2), Wis. Adm. Code, counts toward fulfillment of the teaching experience requirement for a license based on experience under
s. PI 34.195 (2), Wis. Adm. Code, or for a license in a school administrator category under
s. PI 34.32, Wis. Adm. Code.
118.19 History
History: 1971 c. 154;
1975 c. 39,
95;
1979 c. 346;
1981 c. 314 s.
146;
1985 a. 29,
207;
1989 a. 31;
1991 a. 42,
108,
164,
315;
1993 a. 16,
334,
339,
454,
491;
1995 a. 27 ss.
3951m,
9145 (1);
1995 a. 299;
1997 a. 27,
113,
191,
237;
1999 a. 9;
2001 a. 109;
2005 a. 121;
2007 a. 20,
222;
2011 a. 166;
2013 a. 20,
36.
118.19 Cross-reference
Cross-reference: See also ch.
PI 34, Wis. adm. code.
118.192
118.192
Professional teaching permits. 118.192(1)
(1) The state superintendent shall establish an alternative teacher training program for music, art, foreign language, computer science, mathematics and science teachers. The program shall consist of approximately 100 hours of formal instruction.
118.192(2)
(2) An individual who holds a bachelor's degree in engineering, music, art, foreign language, computer science, mathematics or science from an accredited institution of higher education, has at least 5 years of experience as a professional in the subject area in which his or her degree was awarded and demonstrates, to the satisfaction of the state superintendent, competency in that subject area that is current and compatible with modern curricula may apply to the state superintendent for enrollment in the alternative teacher training program. The state superintendent shall charge a fee sufficient to cover the costs of the program.
118.192(3)
(3) The state superintendent shall grant a professional teaching permit to any person who satisfactorily completes the program under
sub. (2). The permit authorizes the person to teach the subject area specified by the state superintendent in grades kindergarten to 12. The initial permit shall be valid for 2 years. During the initial permit period, the person shall be supervised by a person who holds a regular teaching license. The permit is renewable for 5-year periods.
118.192(4)
(4) A school board that employs a person who holds a professional teaching permit shall ensure that no regularly licensed teacher is removed from his or her position as a result of the employment of persons holding permits.
118.195
118.195
Discrimination against handicapped teachers prohibited. 118.195(1)(1) No person otherwise qualified may be denied a certificate or license from the state superintendent under
s. 118.19 (1) because the person is totally or partially blind, deaf or physically handicapped nor may any school district refuse to employ a teacher on such grounds, if such handicapped teacher is able to carry out the duties of the position which the person seeks.
118.195(2)
(2) Any school board may request the state superintendent for advice and assistance in interpreting this section.
118.20
118.20
Teacher discrimination prohibited. 118.20(1)
(1) No discrimination because of sex, except where sex is a bona fide occupational qualification as defined in
s. 111.36 (2), race, nationality or political or religious affiliation may be practiced in the employment of teachers or administrative personnel in public schools or in their assignment or reassignment. No questions of any nature or form relative to sex, except where sex is a bona fide occupational qualification as defined in
s. 111.36 (2), race, nationality or political or religious affiliation may be asked applicants for teaching or administrative positions in the public schools either by public school officials or employees or by teachers agencies or placement bureaus.
118.20(2)
(2) The state superintendent or a person designated by the state superintendent may receive and investigate complaints charging discrimination in employment, assignment or reassignment of teachers or administrative personnel in the public schools and the state superintendent or designee may hold hearings, subpoena witnesses and take testimony to effectuate the purposes of this section.
118.20(3)
(3) If the state superintendent finds probable cause to believe that any discrimination prohibited by this section has been or is being practiced, the state superintendent shall immediately endeavor to eliminate the practice by conference, conciliation or persuasion. In case of failure to eliminate the discrimination, the state superintendent shall issue and serve a written notice of hearing, specifying the nature of the discrimination which appears to have been committed, and requiring the public school official, employee, teacher agency or placement bureau named, hereinafter called the "respondent" to answer the complaint at a hearing before the state superintendent. The notice shall specify a time of hearing not less than 10 days after service of the complaint, and a place of hearing within the county in which the discrimination is alleged to have occurred.
118.20(4)
(4) After hearing, if the state superintendent finds that the respondent has engaged in discrimination prohibited by this section the state superintendent shall make written findings and recommend such action by the respondent as shall satisfy the purposes of this section and shall serve a certified copy of the findings and recommendations on the respondent together with an order requiring the respondent to comply with the recommendations. Any person aggrieved by noncompliance with the order shall be entitled to have the order enforced specifically by suit in equity. If the state superintendent finds that the respondent has not engaged in the alleged discrimination, the state superintendent shall serve a certified copy of the state superintendent's findings on the complainant together with an order dismissing the complaint.
