Chapter 118

118.164 118.164 Removal of pupils from the class.

118.164(1) (1) In this section, “teacher” means a person holding a license or permit issued by the state superintendent whose employment by a school district requires that he or she hold that license or permit.

118.164(2) (2) Subject to 20 USC 1415 (k) and beginning August 1, 1999, a teacher may remove a pupil from the teacher’s class if the pupil violates the code of classroom conduct adopted under s. 120.13 (1) (a) or is dangerous, unruly or disruptive or exhibits behavior that interferes with the ability of the teacher to teach effectively, as specified in the code of classroom conduct. The teacher shall send the pupil to the school principal or his or her designee and notify the school principal or his or her designee immediately of the reasons for the removal. In addition, the teacher shall provide to the principal or his or her designee within 24 hours after the pupil’s removal from the class a written explanation of the reasons for the removal.

118.164(3) (3) 

118.164(3)(a) (a) The school principal or his or her designee shall place the pupil in one of the following:

118.164(3)(a)1. 1. An alternative education program, as defined in s. 115.28 (7) (e) 1.

118.164(3)(a)2. 2. Another class in the school or another appropriate place in the school, as determined by the school principal or his or her designee.

118.164(3)(a)3. 3. Another instructional setting.

118.164(3)(a)4. 4. The class from which the pupil was removed if, after weighing the interests of the removed pupil, the other pupils in the class and the teacher, the school principal or his or her designee determines that readmission to the class is the best or only alternative.

118.164(3)(b) (b) This subsection does not prohibit the teacher who removed the pupil from the class or the school board, school district administrator, school principal or their designees from disciplining the pupil.

118.164 History History: 1997 a. 335.

118.165 118.165 Private schools.

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)(b) (b) The program is privately controlled.

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).

118.165 History History: 1983 a. 512; 1989 a. 336; 1995 a. 27; 1997 a. 27; 2009 a. 41.

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.

118.167 History History: 1983 a. 512; 1995 a. 27; 1997 a. 27.

118.169 118.169 Pupil identification.

118.169(1) (1) 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 may not assign to any pupil an identification number that is identical to or incorporates the pupil’s social security number. This subsection does not prohibit a school board or governing body from requiring a pupil to disclose the pupil’s social security number, nor from using a pupil’s social security number if the 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(2) (2) Identification cards.

118.169(2)(a) (a) If a school board or operator of a charter school under s. 118.40 (2r) or (2x) issues identification cards to pupils, the school board or operator shall include on each identification card issued to a pupil the telephone number for the National Suicide Prevention Lifeline or one of its affiliate crisis centers or, if the National Suicide Prevention Lifeline ceases operations, another national network of local crisis centers that provides free and confidential emotional support to individuals in suicidal crisis or emotional distress 24 hours a day and 7 days a week. The school board or operator may also include on the identification card any of the following information:

118.169(2)(a)1. 1. A statement that the text-based emotional support service of the Crisis Text Line may be accessed by texting HOPELINE to 741741 or, if applicable, by specifying any successor method.

118.169(2)(a)2. 2. Instructions for contacting a text-based state or national organization, other than the organization described under subd. 1., that provides free support to individuals in crisis 24 hours a day and 7 days a week.

118.169(2)(a)3. 3. The telephone number for a local suicide prevention hotline.

118.169(2)(b) (b) A school board or operator of a charter school under s. 118.40 (2r) or (2x) may include the information described under par. (a) on pupil identification cards by printing the information on, or by affixing a sticker that contains the information to, the identification cards.

118.169 History History: 1997 a. 128; 2019 a. 116.

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(1) (1) This section does not apply to a pupil who has a legal custodian, as defined in s. 48.02 (11) or 938.02 (11), or who is cared for by a kinship care provider, as defined in s. 48.57 (3m) (a) 2.

Effective date note NOTE: Sub. (1) is shown as amended by 2023 Wis. Act 119 eff. 7-1-25 or on the date specified in the Department of Children and Families notice published in the Wisconsin Administrative Register under 2023 Wis. Act 119, section 122 (1), whichever is earlier. Prior to that date sub. (1) reads:

Effective date text (1) This section does not apply to a pupil who has a legal custodian, as defined in s. 48.02 (11) or 938.02 (11), or who is cared for by a kinship care relative, as defined in s. 48.57 (3m) (a) 2.

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 750,000 or more, to the department of health services.

118.175 History History: 1999 a. 9, 133; 2007 a. 20 s. 9121 (6) (a); 2017 a. 207 s. 5; 2023 a. 119.

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.

118.18 History History: 1979 c. 301; 1995 a. 27 s. 9145 (1); 1997 a. 27.

118.19 118.19 Teacher certificates and licenses; administrator and pupil services professional licenses.

118.19(1) (1) Except as provided in subs. (1b) and (1c) and s. 118.40 (8) (b) 1. and 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(1b) (1b) An individual may teach an online course in a subject and level in a public school, including a charter school, without a license or permit from the department if the individual holds a valid license or permit to teach the subject and level in the state from which the online course is provided.

118.19(1c) (1c) 

118.19(1c)(a) (a) In this subsection, “institution of higher education” means an institution or college campus within the University of Wisconsin System, a technical college under ch. 38, or any private, nonprofit postsecondary institution that is a member of the Wisconsin Association of Independent Colleges and Universities.

118.19(1c)(b) (b) A faculty member of an institution of higher education may teach in a public high school, including a charter school that operates only high school grades, without a license or permit from the department if the faculty member satisfies all of the following:

118.19(1c)(b)1. 1. The faculty member is in good standing with the institution of higher education at which he or she is a member of the faculty.

118.19(1c)(b)2. 2. The faculty member possesses a bachelor’s degree.

118.19(1c)(b)3. 3. The department conducts a background investigation of the faculty member and the results of the background investigation would not make the faculty member ineligible for a teaching license under sub. (4) or (10).

118.19(1m) (1m) 

118.19(1m)(a) (a) The department of public instruction may not issue 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 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 is liable for delinquent taxes or if the department of workforce development certifies under s. 108.227 that the applicant is liable for delinquent unemployment insurance contributions.

118.19(1r) (1r) 

118.19(1r)(a) (a) As provided in the memorandum of understanding under s. 49.857, the department of public instruction may not issue 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 a license or permit or revalidate a license that has no expiration date if the applicant 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 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) (1s) 

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 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(3) (3) 

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), 118.191, 118.1915, 118.192, 118.193, 118.194, and 118.197. 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 or the equivalent, as determined by the state superintendent. 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. If for the purpose of granting a license to teach or for approving a teacher preparatory program the state superintendent requires that an institution of higher education be accredited, the state superintendent shall accept accreditation by a regional or national institutional accrediting agency recognized by the U.S. department of education or by a programmatic accrediting organization.

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) (4) 

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 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(5) (5) A person is not required to be licensed as an alternative education program teacher under s. 115.28 (7) (e) 2. to teach in an alternative education program, as defined in s. 115.28 (7) (e) 1.

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) 

118.19(7)(a) (a) 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(7)(b) (b) The state superintendent may issue a permit to teach industrial arts subjects if the applicant is certified by the technical college system board to teach an industrial arts or similar subject.

118.19(7m) (7m) The state superintendent shall grant a substitute teacher permit to an individual who is eligible for licensure under subs. (4) and (10) and who satisfies any of the following:

118.19(7m)(a) (a) The individual has an associate degree and has successfully completed substitute teacher training.

118.19(7m)(b) (b)

118.19(7m)(b)1. 1. All of the following apply to the individual:

118.19(7m)(b)1.a. a. The individual is at least 20 years of age.

118.19(7m)(b)1.b. b. The individual is enrolled in a teacher preparatory program approved by the state superintendent under s. 115.28 (7) (a).

118.19(7m)(b)1.c. c. If the teacher preparatory program in which the individual is enrolled awards a bachelor’s degree, the individual has successfully completed the minimum number of course credits required for the individual to have achieved junior level status.

118.19(7m)(b)1.d. d. The individual has completed at least 15 hours of classroom observation.

118.19(7m)(b)2. 2. If the individual is eligible for a substitute teacher permit under subd. 1., the state superintendent may not require the individual to complete substitute teacher training as a condition for receiving the permit.

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) (9) 

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.