LRBs0397/1
TKK:kjf/amn/emw
2017 - 2018 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 821
February 26, 2018 - Offered by Senator Craig.
SB821-SSA1,1,5 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:
SB821-SSA1,1 6Section 1 . 118.21 (1) of the statutes is renumbered 118.21 (1) (a) and amended
7to read:
SB821-SSA1,2,38 118.21 (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.
SB821-SSA1,2 4Section 2 . 118.21 (1) (b) of the statutes is created to read:
SB821-SSA1,2,105 118.21 (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 to that person or another and without the consent of
8the person harmed. “Physical assault” does not include the reasonable and
9necessary use of force for the purpose of self-defense or the defense of others under
10s. 939.48.
SB821-SSA1,2,2211 2. Beginning on the effective date of this subdivision .... [LRB inserts date], the
12school board shall include in each contract under this section a provision authorizing
13the teacher to terminate his or her contract without penalty, including the penalty
14of the payment of liquidated damages, if the teacher is the victim of a physical assault
15by a pupil or of a violent crime, as defined in s. 939.632 (1) (e), committed by a pupil
16while the teacher is on school premises, at a school-sponsored activity, or otherwise
17engaged in official duties on behalf of the school district. The provision required
18under this subdivision shall specify that a teacher may terminate his or her contract
19as provided under this subdivision only if the teacher provides the school board with
20a law enforcement report documenting the physical assault or violent crime and both
21the law enforcement report and a request to terminate the contract are submitted to
22the school board within 2 months of the incident covered in the report.
SB821-SSA1,3 23Section 3 . 118.40 (1m) (b) 16. of the statutes is created to read:
SB821-SSA1,3,1124 118.40 (1m) (b) 16. Beginning on the effective date of this subdivision .... [LRB
25inserts date], a provision authorizing a teacher employed in the charter school to

1terminate his or her employment with the person operating the school without
2penalty, including the penalty of the payment of liquidated damages, if the teacher
3is the victim of a physical assault, as defined in s. 118.21 (1) (b) 1., by a pupil or of
4a violent crime, as defined in s. 939.632 (1) (e), committed by a pupil while the teacher
5is on school premises, at a school-sponsored activity, or otherwise engaged in official
6duties on behalf of the charter school. The provision required under this subdivision
7shall specify that a teacher may terminate his or her contract as provided under this
8subdivision only if the teacher provides the governing board with a law enforcement
9report documenting the physical assault or violent crime and both the law
10enforcement report and a request to terminate the contract are submitted to the
11governing board within 2 months of the incident covered in the report.
SB821-SSA1,4 12Section 4 . 118.40 (2r) (b) 2. fm. of the statutes is created to read:
SB821-SSA1,4,213 118.40 (2r) (b) 2. fm. Beginning on the effective date of this subd. 2. fm. .... [LRB
14inserts date], a provision authorizing an instructional staff person employed in the
15charter school to terminate his or her employment with the person operating the
16school without penalty, including the penalty of the payment of liquidated damages,
17if the instructional staff person is the victim of a physical assault, as defined in s.
18118.21 (1) (b) 1., by a pupil or of a violent crime, as defined in s. 939.632 (1) (e),
19committed by a pupil while the instructional staff person is on school premises, at
20a school-sponsored activity, or otherwise engaged in official duties on behalf of the
21charter school. The provision required under this subd. 2. fm. shall specify that an
22instructional staff person may terminate his or her contract as provided under this
23subd. 2. fm. only if the instructional staff person provides the governing board with
24a law enforcement report documenting the physical assault or violent crime and both

1the law enforcement report and a request to terminate the contract are submitted to
2the governing board within 2 months of the incident covered in the report.
SB821-SSA1,5 3Section 5 . 118.40 (2x) (b) 2. fm. of the statutes is created to read:
SB821-SSA1,4,174 118.40 (2x) (b) 2. fm. Beginning on the effective date of this subd. 2. fm. .... [LRB
5inserts date], a provision authorizing an instructional staff person employed in the
6charter school to terminate his or her employment with the person operating the
7school without penalty, including the penalty of the payment of liquidated damages,
8if the instructional staff person is the victim of a physical assault, as defined in s.
9118.21 (1) (b) 1., by a pupil or of a violent crime, as defined in s. 939.632 (1) (e),
10committed by a pupil while the instructional staff person is on school premises, at
11a school-sponsored activity, or otherwise engaged in official duties on behalf of the
12charter school. The provision required under this subd. 2. fm. shall specify that an
13instructional staff person may terminate his or her contract as provided under this
14subd. 2. fm. only if the instructional staff person provides the governing board with
15a law enforcement report documenting the physical assault or violent crime and both
16the law enforcement report and a request to terminate the contract are submitted to
17the governing board within 2 months of the incident covered in the report.
SB821-SSA1,6 18Section 6 . 119.16 (16) of the statutes is created to read:
SB821-SSA1,5,719 119.16 (16) Teacher employment contracts. Beginning on the effective date
20of this subsection .... [LRB inserts date], the board shall include in any employment
21contract with a teacher a provision authorizing the teacher to terminate his or her
22contract without penalty, including the penalty of the payment of liquidated
23damages, if the teacher is a victim of a physical assault, as defined in s. 118.21 (1)
24(b) 1., by a pupil or of a violent crime, as defined in s. 939.632 (1) (e), committed by
25a pupil while the teacher is on school premises, at a school-sponsored activity, or

1otherwise engaged in official duties on behalf of the school district. The provision
2required under this subsection shall specify that a teacher may terminate his or her
3contract as provided under this subsection only if the teacher provides the school
4board with a law enforcement report documenting the physical assault or violent
5crime and both the law enforcement report and a request to terminate the contract
6are submitted to the school board within 2 months of the incident covered in the
7report.
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