AB670: Bill Text

2007 Assembly BILL 670

January 7, 2008 - Introduced by Representatives Pridemore, Albers, LeMahieu, Nass, Owens, Vos, Townsend, Honadel, Strachota, Kramer and Nygren, cosponsored by Senators Grothman and Kanavas. Referred to Committee on Education Reform.

AB670,1,3 An Act to amend 118.22 (1) (a) and (b), 118.22 (2), 118.22 (3), 118.22 (4) and 119.04 (1); and to create 111.70 (4) (m) 5. and 118.22 (1m) of the statutes; relating to: the terms of teacher employment contracts.

Analysis by the Legislative Reference Bureau

Under current law, a school board must give a teacher a written notice of renewal or refusal to renew the teacher's contract for the following school year. Under current law, the board of directors in any city of the first class (currently, Milwaukee) is not required to provide written notice of renewal or refusal to renew the contract of a teacher employed by that board of directors. The statutory renewal provision may be modified, waived, or replaced by a collective bargaining agreement.

This bill provides that the term of each teacher's employment contract is limited to one year, until the teacher has been continuously employed for five years, at which point the term of the contract becomes two years. The bill also requires the board of directors in any city of the first class to provide written notice of renewal or refusal to renew the contract of a teacher employed by that board of directors. The bill limits the term of the employment contract of a teacher employed by the board of directors in a city of the first class to one year until the teacher has been continuously employed by the same board of directors for five years, at which point the term of the contract becomes two years.

Finally, this bill prohibits the nonrenewal of a contract for arbitrary or capricious reasons and provides that the reasons for renewal or nonrenewal are a prohibited subject of collective bargaining.

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:

AB670, s. 1 Section 1. 111.70 (4) (m) 5. of the statutes is created to read:

AB670,2,3 111.70 (4) (m) 5. Any reason for renewal or nonrenewal of a contract under s. 118.22.

AB670, s. 2 Section 2. 118.22 (1) (a) and (b) of the statutes are amended to read:

AB670,2,8 118.22 (1) (a) "Board" means a school board, technical college district board, board of control of a cooperative educational service agency or county children with disabilities education board, but does not include any board of school directors in a city of the 1st class.

AB670,2,13 (b) "Teacher" means any person who holds a teacher's certificate or license issued by the state superintendent or a classification status under the technical college system board and whose legal employment requires such certificate, license or classification status, but does not include part-time teachers or teachers employed by any board of school directors in a city of the 1st class.

AB670, s. 3 Section 3. 118.22 (1m) of the statutes is created to read:

AB670,2,16 118.22 (1m) (a) Except as provided under par. (b), the term of each teacher's contract entered into by a board shall be one year.

AB670,2,20 (b) After a teacher's continuous employment by a board for 5 years, the term of the teacher's contract shall be 2 years. The term of a contract of a teacher who has been continuously employed by a board for 5 or more years as of the effective date of this paragraph .... [revisor inserts date], shall be 2 years.

AB670, s. 4 Section 4. 118.22 (2) of the statutes is amended to read:

AB670,3,17 118.22 (2) On or before March 15 of the school last year during which of a teacher holds a teacher's contract, the board by which the teacher is employed or an employee at the direction of the board shall give the teacher written notice of renewal or refusal to renew the teacher's contract for the ensuing school year. If no such notice is given on or before March 15, the contract then in force shall continue for the ensuing school year, or for the ensuing 2 school years if the teacher has been employed continuously by the board for 5 or more years. A teacher who receives a notice of renewal of contract for the ensuing school year, or a teacher who does not receive a notice of renewal or refusal to renew the teacher's contract for the ensuing school year on or before March 15 of the last year of the contract, shall accept or reject in writing such contract not later than the following April 15. No teacher may be employed or dismissed except by a majority vote of the full membership of the board. A refusal to renew a teacher's contract may not be for arbitrary or capricious reasons. Nothing in this section prevents the modification or termination of a contract by mutual agreement of the teacher and the board. No such board may enter into a contract of employment with a teacher for any period of time as to which the teacher is then under a contract of employment with another board.

AB670, s. 5 Section 5. 118.22 (3) of the statutes is amended to read:

AB670,3,25 118.22 (3) At least 15 days prior to giving written notice of refusal to renew a teacher's contract for the ensuing school year, the employing board shall inform the teacher by preliminary notice in writing that the board is considering nonrenewal of the teacher's contract and that, if the teacher files a request therefor with the board within 5 days after receiving the preliminary notice, the teacher has the right to a private conference with the board prior to before being given written notice of refusal to renew the teacher's contract.

AB670, s. 6 Section 6. 118.22 (4) of the statutes is amended to read:

AB670,4,6 118.22 (4) A Except as provided in s. 111.70 (4) (m) 5., a collective bargaining agreement may modify, waive or replace any of the provisions of this section as they apply to teachers in the collective bargaining unit, but neither the employer nor the bargaining agent for the employees is required to bargain such modification, waiver or replacement.

AB670, s. 7 Section 7. 119.04 (1) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB670,4,17 119.04 Public instruction laws applicable. (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.445, 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.22, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, and 120.25 are applicable to a 1st class city school district and board.

AB670, s. 8 Section 8. Initial applicability.

AB670,4,21 (1) The treatment of sections 111.70 (4) (m) 5. and 118.22 (4) of the statutes first applies to collective bargaining agreements that are entered into, modified, or renewed on the effective date of this subsection.

AB670,4,23 (2) The treatment of section 118.22 (1m), (2), and (3) of the statutes first applies to teachers who hold a license to teach on or after the effective date of this subsection.

AB670,4,24 (End)