AB1039,1,7 1An Act to amend 115.28 (7) (b), 118.19 (1), 118.19 (1b), 118.19 (1c) (b) (intro.),
2118.19 (3) (a), 118.19 (3) (b), 118.19 (10) (b) 1., 118.191 (2) (a), 118.191 (2) (b),
3118.191 (2m), 118.191 (3), 118.191 (4), 118.192 (4), 118.60 (2) (a) 6. a. and 119.23
4(2) (a) 6. a.; and to create 115.7915 (2) (i), 118.60 (2) (a) 6m., 118.60 (2) (c) 3.,
5119.23 (2) (a) 6m. and 119.23 (2) (c) 3. of the statutes; relating to: teacher
6licensure in parental choice programs and in the Special Needs Scholarship
7Program and granting rule-making authority.
Analysis by the Legislative Reference Bureau
With certain exceptions, this bill requires that, beginning on July 1, 2024,
teachers at private schools participating in a parental choice program or in the
Special Needs Scholarship Program must hold a license or permit issued by the
Department of Public Instruction. Under current law, teachers at choice schools
must have at least a bachelor's degree from a nationally or regionally accredited
institution of higher education, but they are not required to be licensed by DPI.
There are no current law requirements regarding who may teach at SNSP schools.
The bill provides an exception for a teacher who teaches only courses in
rabbinical studies. In addition, the bill provides a grace period for a teacher who has
been teaching for at least the five consecutive years immediately preceding July 1,
2024, which allows the teacher to apply for a temporary, nonrenewable waiver of the

licensure requirement. An applicant for a waiver must submit a plan for becoming
licensed as required under the bill.
For further information see the state 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:
AB1039,1 1Section 1 . 115.28 (7) (b) of the statutes is amended to read:
AB1039,2,122 115.28 (7) (b) Subject to the same rules and laws concerning qualifications of
3applicants and granting and revocation of licenses or certificates under par. (a), the
4state superintendent shall grant certificates and licenses to teachers in private
5schools and tribal schools, except that teaching experience requirements for such
6certificates and licenses may be fulfilled by teaching experience in public, private,
7or tribal schools. An applicant is not eligible for a license or certificate unless the
8state superintendent finds that the private school or tribal school in which the
9applicant taught offered an adequate educational program during the period of the
10applicant's teaching therein. Private Except as provided under ss. 115.7915 (2) (i),
11118.60 (2) (a) 6m., and 119.23 (2) (a) 6m., private
schools are not obligated to employ
12only licensed or certified teachers.
AB1039,2 13Section 2 . 115.7915 (2) (i) of the statutes is created to read:
AB1039,2,1814 115.7915 (2) (i) 1. Except as provided in subd. 2., beginning on July 1, 2024, all
15of the eligible school's teachers have a teaching license or permit issued by the
16department, except that a teacher employed by the eligible school who teaches only
17courses in rabbinical studies is not required to hold a license or permit to teach issued
18by the department.
AB1039,3,719 2. Any teacher employed by the eligible school on July 1, 2024, who has been
20teaching for at least the 5 consecutive years immediately preceding July 1, 2024, and

1who does not satisfy the requirements under subd. 1. on July 1, 2024, applies to the
2department on a form prepared by the department for a temporary, nonrenewable
3waiver from the requirements under subd. 1. The department shall promulgate
4rules to implement this subdivision, including the form of the application and the
5process by which the waiver application will be reviewed. The application form shall
6require the applicant to submit a plan for satisfying the requirements under subd.
71. No waiver granted under this subdivision is valid after July 1, 2029.
AB1039,3 8Section 3 . 118.19 (1) of the statutes is amended to read:
AB1039,3,149 118.19 (1) Except as provided in subs. (1b) and (1c) and s. 118.40 (8) (b) 1. and
102., any person seeking to teach in a public school, including a charter school, or in a
11school or institution operated by a county or the state, in a private school
12participating in a parental choice program under s. 118.60 or 119.23, or in a private
13school participating in the program under s. 115.7915
shall first procure a license or
14permit from the department.
AB1039,4 15Section 4 . 118.19 (1b) of the statutes is amended to read:
AB1039,3,2116 118.19 (1b) An individual may teach an online course in a subject and level in
17a public school, including a charter school, in a private school participating in a
18parental choice program under s. 118.60 or 119.23, or in a private school
19participating in the program under s. 115.7915
without a license or permit from the
20department if the individual holds a valid license or permit to teach the subject and
21level in the state from which the online course is provided.
AB1039,5 22Section 5 . 118.19 (1c) (b) (intro.) of the statutes is amended to read:
AB1039,4,423 118.19 (1c) (b) (intro.) A faculty member of an institution of higher education
24may teach in a public high school, including a charter school that operates only high
25school grades, in a private school participating in a parental choice program under

1s. 118.60 or 119.23 that operates only high school grades, or in a private school
2participating in the program under s. 115.7915 that operates only high school grades

3without a license or permit from the department if the faculty member satisfies all
4of the following:
AB1039,6 5Section 6 . 118.19 (3) (a) of the statutes is amended to read:
AB1039,5,46 118.19 (3) (a) No license to teach in any public school may be issued unless the
7applicant possesses a bachelor's degree including such professional training as the
8department by rule requires, except as permitted under par. (b) and ss. 115.28 (17)
9(a), 118.191, 118.1915, 118.192, 118.193, 118.194, and 118.197. Notwithstanding s.
1036.11 (16), no teacher preparatory program in this state may be approved by the state
11superintendent under s. 115.28 (7) (a), unless each student in the program is
12required to complete student teaching consisting of full days for a full semester
13following the daily schedule and semester calendar of the cooperating school or the
14equivalent, as determined by the state superintendent. No license to teach in any
15public school may be granted to an applicant who completed a professional training
16program outside this state unless the applicant completed student teaching
17consisting of full days for a full semester following the daily schedule and semester
18calendar of the cooperating school or the equivalent, as determined by the state
19superintendent. The state superintendent may grant exceptions to the student
20teaching requirements under this paragraph when the midyear calendars of the
21institution offering the teacher preparatory program and the cooperating school
22differ from each other and would prevent students from attending classes at the
23institution in accordance with the institution's calendar. The state superintendent
24shall promulgate rules to implement this subsection. If for the purpose of granting
25a license to teach or for approving a teacher preparatory program the state

1superintendent requires that an institution of higher education be accredited, the
2state superintendent shall accept accreditation by a regional or national
3institutional accrediting agency recognized by the U.S. department of education or
4by a programmatic accrediting organization.
AB1039,7 5Section 7 . 118.19 (3) (b) of the statutes is amended to read:
AB1039,5,156 118.19 (3) (b) The state superintendent shall permanently certify any
7applicant to teach Wisconsin native American languages and culture who has
8successfully completed the university of Wisconsin-Milwaukee school of education
9approved Wisconsin native American languages and culture project certification
10program at any time between January 1, 1974, and December 31, 1977. School
11districts shall
A school district, the governing body of a private school participating
12in a parental choice program under s. 118.60 or 119.23, or the governing body of a
13private school participating in the program under s. 115.7915 may
not assign
14individuals certified under this paragraph to teach courses other than Wisconsin
15native American languages and culture, unless they qualify under par. (a).
AB1039,8 16Section 8 . 118.19 (10) (b) 1. of the statutes is amended to read:
AB1039,5,2017 118.19 (10) (b) 1. Conduct a background investigation of each applicant for
18issuance or renewal of a license or permit, including a license or permit issued to a
19pupil services professional, and for a faculty member seeking to teach in a public high
20school without a license or permit.
AB1039,9 21Section 9 . 118.191 (2) (a) of the statutes is amended to read:
AB1039,6,522 118.191 (2) (a) Notwithstanding s. 118.19 (7) to (9), the department shall grant
23an initial teaching license to teach a technical education subject to an individual who
24is eligible for licensure under s. 118.19 (4) and (10), who scores at least 100 points on
25the point system under sub. (5), of which at least 25 points are from sub. (5) (a) 1. and

1at least 25 points are from sub. (5) (a) 2., and who agrees to complete during the term
2of the license a curriculum determined by the school board of the school district, by
3the governing body of the private school participating in a parental choice program
4under s. 118.60 or 119.23, or by the governing body of the private school participating
5in the program under s. 115.7915
in which the individual will teach.
AB1039,10 6Section 10 . 118.191 (2) (b) of the statutes is amended to read:
AB1039,6,167 118.191 (2) (b) Notwithstanding s. 118.19 (7) to (9), the department shall grant
8an initial teaching license to teach a vocational education subject to an individual
9who is eligible for licensure under s. 118.19 (4) and (10), who scores at least 100 points
10on the point system under sub. (5m), of which at least 25 points are from sub. (5m)
11(a) 1. and at least 25 points are from sub. (5m) (a) 2., and who agrees to complete
12during the term of the license a curriculum determined by the school board of the
13school district, by the governing body of the private school participating in a parental
14choice program under s. 118.60 or 119.23, or by the governing body of the private
15school participating in the program under s. 115.7915
in which the individual will
16teach.
AB1039,11 17Section 11 . 118.191 (2m) of the statutes is amended to read:
AB1039,6,2118 118.191 (2m) An initial teaching license issued under sub. (2) authorizes an
19individual to teach only in the school district controlled by the school board, or in the
20private school controlled by the governing body,
that determined the curriculum the
21individual agreed to complete in order to qualify for the initial teaching license.
AB1039,12 22Section 12 . 118.191 (3) of the statutes is amended to read:
AB1039,7,223 118.191 (3) An initial teaching license issued under sub. (2) is valid for 3 years.
24An initial teaching license issued under sub. (2) is void if the license holder ceases

1to be employed as a teacher in the school district or private school in which the license
2holder is authorized to teach under sub. (2m).
AB1039,13 3Section 13 . 118.191 (4) of the statutes is amended to read:
AB1039,7,144 118.191 (4) Upon the expiration of the 3-year term of an initial teaching license
5issued under sub. (2), the department shall issue to the license holder a professional
6teaching license to teach the technical education subject or vocational education
7subject if the individual successfully completed the curriculum that the individual
8agreed to under sub. (2), as determined by the school board of the school district, by
9the governing body of the private school participating in a parental choice program
10under s. 118.60 or 119.23, or by the governing body of the private school participating
11in the program under s. 115.7915
that established the curriculum. The department
12shall indicate on a professional teaching license issued under this subsection that the
13license was obtained under the experience-based licensure program under this
14section.
AB1039,14 15Section 14 . 118.192 (4) of the statutes is amended to read:
AB1039,7,1916 118.192 (4) A school board or private school participating in a parental choice
17program under s. 118.60 or 119.23
that employs a person who holds a professional
18teaching permit shall ensure that no regularly licensed teacher is removed from his
19or her position as a result of the employment of persons holding permits.
AB1039,15 20Section 15 . 118.60 (2) (a) 6. a. of the statutes is amended to read:
AB1039,7,2521 118.60 (2) (a) 6. a. Except as provided in subd. 6. c. and d., all of the private
22school's teachers have a teaching license issued by the department or a bachelor's
23degree or a degree or educational credential higher than a bachelor's degree,
24including a masters master's or doctorate, from a nationally or regionally accredited
25institution of higher education. This subd. 6. a. does not apply after June 30, 2024.
AB1039,16
1Section 16. 118.60 (2) (a) 6m. of the statutes is created to read:
AB1039,8,42 118.60 (2) (a) 6m. a. Except as provided in subd. 6m. b., beginning on July 1,
32024, all of the private school's teachers have a teaching license or permit issued by
4the department.
AB1039,8,145 b. Any teacher employed by the private school on July 1, 2024, who has been
6teaching for at least the 5 consecutive years immediately preceding July 1, 2024, and
7who does not satisfy the requirements under subd. 6m. a. on July 1, 2024, applies to
8the department on a form prepared by the department for a temporary,
9nonrenewable waiver from the requirements under subd. 6m. a. The department
10shall promulgate rules to implement this subd. 6m. b., including the form of the
11application and the process by which the waiver application will be reviewed. The
12application form shall require the applicant to submit a plan for satisfying the
13requirements under subd. 6m. a. No waiver granted under this subd. 6m. b. is valid
14after July 1, 2029.
AB1039,17 15Section 17 . 118.60 (2) (c) 3. of the statutes is created to read:
AB1039,8,1916 118.60 (2) (c) 3. Notwithstanding par. (a) 6m., a teacher employed by a private
17school participating in the program under this section who teaches only courses in
18rabbinical studies is not required to hold a license or permit to teach issued by the
19department.
AB1039,18 20Section 18 . 119.23 (2) (a) 6. a. of the statutes is amended to read:
AB1039,8,2521 119.23 (2) (a) 6. a. Except as provided in subd. 6. c., all of the private school's
22teachers have a teaching license issued by the department or a bachelor's degree or
23a degree or educational credential higher than a bachelor's degree, including a
24masters master's or doctorate, from a nationally or regionally accredited institution
25of higher education. This subd. 6. a. does not apply after June 30, 2024.
AB1039,19
1Section 19. 119.23 (2) (a) 6m. of the statutes is created to read:
AB1039,9,42 119.23 (2) (a) 6m. a. Except as provided in subd. 6m. b., beginning on July 1,
32024, all of the private school's teachers have a teaching license or permit issued by
4the department.
AB1039,9,145 b. Any teacher employed by the private school on July 1, 2024, who has been
6teaching for at least the 5 consecutive years immediately preceding July 1, 2024, and
7who does not satisfy the requirements under subd. 6m. a. on July 1, 2024, applies to
8the department on a form prepared by the department for a temporary,
9nonrenewable waiver from the requirements under subd. 6m. a. The department
10shall promulgate rules to implement this subd. 6m. b., including the form of the
11application and the process by which the waiver application will be reviewed. The
12application form shall require the applicant to submit a plan for satisfying the
13requirements under subd. 6m. a. No waiver granted under this subd. 6m. b. is valid
14after July 1, 2029.
AB1039,20 15Section 20 . 119.23 (2) (c) 3. of the statutes is created to read:
AB1039,9,1916 119.23 (2) (c) 3. Notwithstanding par. (a) 6m., a teacher employed by a private
17school participating in the program under this section who teaches only courses in
18rabbinical studies is not required to hold a license or permit to teach issued by the
19department.
AB1039,21 20Section 21 . Effective date.
AB1039,9,2221 (1) Teacher licensure in certain private schools. The treatment of s. 118.19
22(1), (1b), (1c) (b) (intro.), and (3) (b) takes effect on July 1, 2024.
AB1039,9,2323 (End)
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