AB63: Bill Text

LRB-1737/1

PG:skg:kaf

1995 - 1996 LEGISLATURE

1995 Assembly BILL 63

January 26, 1995 - Introduced by Representatives Duff, Ward, Brandemuehl, Jensen, Schneiders, Handrick, Silbaugh, Vrakas, Lazich, Walker, Grothman, Ladwig, Urban and Goetsch, cosponsored by Senators Huelsman, Leean, Rosenzweig, Zien and Drzewiecki. Referred to Committee on Education.

AB63,1,4 An Act to amend 115.83 (1) (b), 115.93 (1), 118.195 (1), 118.20 (1) and (2), 118.25 (1), 119.04 (1) and 121.006 (2) (b); and to create 120.13 (26f) and 121.05 (1) (a) 10. of the statutes; relating to: contracts for teaching or other educational services in elementary and secondary schools.

Analysis by the Legislative Reference Bureau

This bill authorizes a school district, as an alternative to the employment of teachers, to contract with any person for the performance of teaching or other educational services by individuals who are licensed by the state superintendent of public instruction but who are not employes of the school district.

If a school district decides to subcontract work that would otherwise be performed by employes in a collective bargaining unit for which a representative is recognized or certified, and the decision is primarily related to the wages, hours or conditions of employment of employes in the bargaining unit, the school district must first bargain collectively with the representative concerning that decision. See Unified School District No. 1 of Racine County v. Wisconsin Employment Relations Commission, 81 Wis. 2d 89 (1977).

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:

AB63, s. 1 Section 1. 115.83 (1) (b) of the statutes is amended to read:

AB63,2,4 115.83 (1) (b) Employ, for For a special education program, employe or contract under s. 120.13 (26f) for either full- or part-time licensed teachers, licensed coordinators of special education, licensed school social workers, licensed school psychologists, paraprofessionals, licensed consulting teachers to work with any teacher of regular education programs who has a child with exceptional educational needs in a class and any other personnel approved by the department.

AB63, s. 2 Section 2. 115.93 (1) of the statutes is amended to read:

AB63,2,15 115.93 (1) Except as provided under sub. (2), if upon receipt of the reports under s. 115.92 (2) the state superintendent is satisfied that the school age parents program has been maintained during the preceding school year in accordance with the rules under s. 115.92 (3), he or she shall certify to the department of administration in favor of each school district maintaining the program a sum equal to 63% of the amount expended by the school district during the preceding school year for salaries of teachers and instructional aids, special transportation, costs of contracts under s. 120.13 (26f) and other expenses approved by the state superintendent. The department of administration shall pay such amounts to the school district from the appropriation under s. 20.255 (2) (b).

AB63, s. 3 Section 3. 118.195 (1) of the statutes is amended to read:

AB63,2,21 118.195 (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 or contract with a teacher on such grounds, if such handicapped teacher is able to carry out the duties of the position which the person seeks.

AB63, s. 4 Section 4. 118.20 (1) and (2) of the statutes are amended to read:

AB63,3,6 118.20 (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 or contracting with 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 employes or by teachers agencies or placement bureaus.

AB63,3,12 (2) The state superintendent or a person designated by the superintendent may receive and investigate complaints charging discrimination in employment, assignment or reassignment of or contracting with teachers or administrative personnel in the public schools and the superintendent or designee may hold hearings, subpoena witnesses and take testimony to effectuate the purposes of this section.

AB63, s. 5 Section 5. 118.25 (1) of the statutes is amended to read:

AB63,3,17 118.25 (1) In this section, "school employe" means a person employed by a school board, or under contract to a school board under s. 120.13 (26f), who comes in contact with children or who handles or prepares food for children while they are under the supervision of school authorities.

AB63, s. 6 Section 6. 119.04 (1) of the statutes is amended to read:

AB63,3,25 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.364, 115.366, 115.38 (2), 115.40, 115.45, 118.01 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.15, 118.153, 118.16, 118.162, 118.163, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.30 to 118.42, 120.12 (5) and (15) to (23), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (26f), (34) and (35) and 120.14 are applicable to a 1st class city school district and board.

AB63, s. 7 Section 7. 120.13 (26f) of the statutes is created to read:

AB63,4,9 120.13 (26f) Contracts for teaching and other educational services. Contract in writing with any person for teaching or other educational services if the individual who will be providing the services is appropriately licensed by the state superintendent under s. 115.28 (7) and the person entering into the contract files a copy of the individual's license with the school board. The contract may be for any term not exceeding 3 years. Except as provided in s. 118.25 (1), an individual who provides services under such a contract is not a school district employe for any purpose, including the purposes of ss. 118.21, 118.22 and 118.23.

AB63, s. 8 Section 8. 121.006 (2) (b) of the statutes is amended to read:

AB63,4,12 121.006 (2) (b) Employ or contract under s. 120.13 (26f) for teachers qualified under s. 118.19.

AB63, s. 9 Section 9. 121.05 (1) (a) 10. of the statutes is created to read:

AB63,4,15 121.05 (1) (a) 10. Pupils taught by persons under contract with the school board under s. 120.13 (26f).

AB63,4,16 (End)