Chapter 118

118.191(5m)(a)2.b. b. For credit earned at an accredited institution of higher education or technical college, 3 points per credit up to a maximum of 75 points for courses in any science, technology, engineering, or mathematics field or in a field related to the vocational education subject and 3 points per credit up to a maximum of 75 points for education and pedagogical courses.

118.191(5m)(a)2.c. c. For completing at least 100 hours of training in pedagogy, 5 points per 50 hours up to a maximum of 75 points.

118.191(5m)(b) (b) The department shall verify the information in par. (a) using only the following:

118.191(5m)(b)1. 1. For par. (a) 1. a. to c. and 2. a. and b., the applicant’s transcript for the applicable degree or credits.

118.191(5m)(b)2. 2. For par. (a) 1. d., the applicant’s vocational certificate.

118.191(5m)(b)3. 3. For par. (a) 1. e. to h., the signature of a supervisor, employer, or other reliable observer.

118.191(5m)(b)4. 4. For par. (a) 2. c., verification by a course instructor, a transcript, or a certificate.

118.191(5m)(b)5. 5. If the applicant is unable to provide the verification required under subds. 1. to 4., any other proof of the applicant’s experience approved by the department.

118.191(6) (6) The department shall approve or deny an application for a license under sub. (2) no later than 45 business days after receipt of the application. If the department denies the application, it shall provide, in writing, the reason for the denial. If the department does not act within 45 business days of receiving an application for a license under sub. (2), the application shall be considered approved and the applicant considered a licensed teacher until the department approves or denies the application.

118.191(7) (7) Nothing in this section prohibits the department from granting a teaching license to teach a technical education subject or a vocational education subject under s. 118.19.

118.191 History History: 2015 a. 55, 259.

118.1915 118.1915 Licensure for Junior Reserve Officer Training Corps instructors.

118.1915(1) (1) Notwithstanding s. 118.19 (4m), (6) to (9), (12), and (14), the department shall grant a license to an individual to provide instruction to pupils enrolled in a Junior Reserve Officer Training Corps program offered in the high school grades if the individual is eligible for licensure under s. 118.19 (4) and (10) and the individual satisfies all of the following:

118.1915(1)(a) (a) Possesses a bachelor’s degree.

118.1915(1)(b) (b) Successfully completed a Junior Reserve Officer Training Corps Instructor Certification program.

118.1915(2) (2) A license under sub. (1) authorizes an individual to teach the courses for which the individual has successfully completed the Junior Reserve Officer Training Corps Instructor Certification process.

118.1915 History History: 2017 a. 59; s. 35.17 correction in (1) (intro.).

118.192 118.192 Professional teaching permits.

118.192(1) (1) The state superintendent shall establish an alternative teacher training program for music, art, foreign language, computer science, mathematics and science teachers. The program shall consist of approximately 100 hours of formal instruction.

118.192(2) (2) An individual who holds a bachelor’s degree in engineering, music, art, foreign language, computer science, mathematics or science from an accredited institution of higher education, has at least 5 years of experience as a professional in the subject area in which his or her degree was awarded and demonstrates, to the satisfaction of the state superintendent, competency in that subject area that is current and compatible with modern curricula may apply to the state superintendent for enrollment in the alternative teacher training program. The state superintendent shall charge a fee sufficient to cover the costs of the program.

118.192(3) (3) The state superintendent shall grant a professional teaching permit to any person who satisfactorily completes the program under sub. (2). The permit authorizes the person to teach the subject area specified by the state superintendent in grades kindergarten to 12. The initial permit shall be valid for 2 years. During the initial permit period, the person shall be supervised by a person who holds a regular teaching license. The permit is renewable for 5-year periods.

118.192(4) (4) A school board that employs a person who holds a professional teaching permit shall ensure that no regularly licensed teacher is removed from his or her position as a result of the employment of persons holding permits.

118.192 History History: 1991 a. 108; 1995 a. 27 ss. 3952, 9145 (1); 1997 a. 27, 237.

118.193 118.193 Licenses based on reciprocity.

118.193(1) (1) In this section, an “administrator license” means a license in a school administrator category under s. PI 34.32, Wis. Adm. Code.

118.193 Note NOTE: Section PI 34.32, Wis. Adm. Code, no longer exists. Chapter PI 34, Wis. Adm. Code, was repealed and recreated in its entirety effective 8-1-18.

118.193(2) (2) Notwithstanding s. 118.19 (4m), (6) to (9), (12), and (14), the department shall issue a provisional license to teach for a term of 3 years to an individual who is eligible for licensure under s. 118.19 (4) and (10) and who satisfies all of the following:

118.193(2)(a) (a) The individual holds a license to teach granted by the proper authority of another state and is in good standing with the proper authority of that state.

118.193(2)(b) (b) The individual taught for at least any of the following:

118.193(2)(b)1. 1. One year under the license granted by another state.

118.193(2)(b)2. 2. Two semesters under a license or permit issued by the department or 2 semesters at a private school in this state while the individual held a license or permit issued by the department. To qualify under this subdivision, the school district, cooperative educational service agency, charter school, or private school that employed the individual while the individual taught in this state while the individual held a license or permit issued by the department shall notify the department that the individual successfully completed 2 semesters of teaching experience, as defined by the department by rule.

118.193(3) (3) Notwithstanding s. 118.19 (9) and (11), the department shall grant an initial administrator license to an individual who is eligible for licensure under s. 118.19 (4) and (10) and who satisfies all of the following:

118.193(3)(a) (a) The individual holds a license granted by the proper authority of another state that is equivalent to an administrator license and the individual is in good standing with the proper authority of that state.

118.193(3)(b) (b) The individual worked as an administrator under the license granted by another state for at least one year.

118.193(4) (4) 

118.193(4)(a) (a) The department shall determine the subjects and grades that a license issued under sub. (2) authorizes an individual to teach based on the subjects and grades the individual is authorized to teach under his or her license granted by another state and the individual’s teaching experience.

118.193(4)(b) (b) The department shall determine the school administrator category under s. PI 34.32, Wis. Adm. Code, for a license issued under sub. (3) and the grades to which the license applies based on the individual’s license granted by another state and the individual’s experience as an administrator.

118.193 Note NOTE: Section PI 34.32, Wis. Adm. Code, no longer exists. Chapter PI 34, Wis. Adm. Code, was repealed and recreated in its entirety effective 8-1-18.

118.193(5) (5) The department shall issue a lifetime license to an individual who obtains a provisional license under sub. (2) if the individual successfully completes 6 semesters of teaching experience, as defined by the department by rule. An individual who does not successfully complete 6 semesters of teaching experience, as defined by the department by rule, within the 3-year term of a provisional license issued under sub. (2) may apply to renew the provisional license. There is no limit to the number of times an individual may renew a provisional license under this subsection.

118.193 History History: 2015 a. 55; 2017 a. 59; 2019 a. 43; s. 35.17 correction in (2) (intro.).

118.194 118.194 Initial license to teach; Montessori.

118.194(1) (1) Notwithstanding s. 118.19 (4m), (6) to (9), (12), and (14), the department shall grant an initial license to teach to an individual who is eligible for licensure under s. 118.19 (4) and (10) and who satisfies all of the following:

118.194(1)(a) (a) Possesses a bachelor’s degree.

118.194(1)(b) (b) Successfully completed a teacher education program accredited by the Montessori Accreditation Council for Teacher Education or approved by the Association Montessori Internationale.

118.194(1)(c) (c) Successfully completed an introductory course in special education for which the individual earned at least 3 postsecondary credits.

118.194(1)(d) (d) Earned a passing score on any standardized examinations required by the state superintendent for a license to teach the same educational levels and subjects issued in accordance with s. 118.19 and on an examination identical to the Foundations of Reading test administered in 2012 as part of the Massachusetts Tests for Educator Licensure or identical to the most recent edition of that test.

118.194(2) (2) A license under sub. (1) authorizes an individual to teach the educational levels for which the individual has successfully completed a teacher education program described in sub. (1) (b) at a school that uses the Montessori method as its primary method of instruction. The department shall treat an initial license to teach granted under sub. (1) in the same manner the state superintendent treats an initial license to teach granted in accordance with s. 118.19.

118.194 History History: 2015 a. 55; 2017 a. 106; 2021 a. 214; s. 35.17 correction in (1) (intro.).

118.195 118.195 Discrimination against handicapped teachers prohibited.

118.195(1) (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 a teacher on such grounds, if such handicapped teacher is able to carry out the duties of the position which the person seeks.

118.195(2) (2) Any school board may request the state superintendent for advice and assistance in interpreting this section.

118.195 History History: 1993 a. 492; 1995 a. 27 s. 9145 (1); 1997 a. 27.

118.196 118.196 Teacher development program.

118.196(1) (1) A school board, governing body of a private school, or a charter management organization may apply to the department of workforce development for a grant under s. 106.272 to design and implement a teacher development program that satisfies the requirements under sub. (2) with an educator preparation program approved by the department and headquartered in this state.

118.196(2) (2) 

118.196(2)(a) (a) The school board, governing body, or charter management organization and the educator preparation program under sub. (1) shall design the teacher development program to prepare employees of the school district, private school, or charter management organization who work closely with students to successfully complete the requirements for obtaining a permit under s. 118.192 or an initial teaching license under s. 118.19, including any standardized examination prescribed by the state superintendent as a condition for permitting or licensure.

118.196(2)(b) (b) To implement the teacher development program designed under par. (a), the school board, governing body, and charter management organization shall allow employees who are enrolled in the program to satisfy student teaching requirements in a school in the school district, in the private school, or in the charter management organization, and the partnering entity under sub. (1) shall prepare and provide intensive coursework for participating employees.

118.196(2)(c) (c) The school board, governing body, and charter management organization shall permit an individual who does not hold a bachelor’s degree to enroll in a teacher development program developed and implemented under this section.

118.196(3) (3) Notwithstanding s. 118.19 (3) (a), the department may issue an initial teaching license to an individual who completes a teacher development program designed and implemented under this section.

118.196 History History: 2017 a. 59.

118.197 118.197 Initial license to teach; alternative preparation programs.

118.197(1) (1) Notwithstanding s. 118.19 (4m), (6) to (9), (12), and (14), the department shall grant an initial license to teach to an individual who is eligible for licensure under s. 118.19 (4) and (10) and who satisfies all of the following:

118.197(1)(a) (a) The individual possesses a bachelor’s degree.

118.197(1)(b) (b) The individual successfully completed an alternative teacher certification program operated by an organization that satisfies all of the following criteria:

118.197(1)(b)1. 1. The organization operates in at least 5 states.

118.197(1)(b)2. 2. The organization has been operating an alternative teacher certification program for at least 10 years.

118.197(1)(b)3. 3. The organization requires candidates to pass a subject area exam and the pedagogy exam known as the Professional Teaching Knowledge exam to receive a certificate under the alternative teacher certification.

118.197(2) (2) A license under sub. (1) authorizes an individual to teach the subject and educational levels for which the individual has successfully completed an alternative teacher certification program. The department shall treat an initial license to teach granted under sub. (1) in the same manner the state superintendent treats an initial license to teach granted in accordance with s. 118.19.

118.197 History History: 2017 a. 59; 2023 a. 197; s. 35.17 correction in (1) (intro.).

118.20 118.20 Teacher discrimination prohibited.

118.20(1) (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 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 employees or by teachers agencies or placement bureaus.

118.20(2) (2) The state superintendent or a person designated by the state superintendent may receive and investigate complaints charging discrimination in employment, assignment or reassignment of teachers or administrative personnel in the public schools and the state superintendent or designee may hold hearings, subpoena witnesses and take testimony to effectuate the purposes of this section.

118.20(3) (3) If the state superintendent finds probable cause to believe that any discrimination prohibited by this section has been or is being practiced, the state superintendent shall immediately endeavor to eliminate the practice by conference, conciliation or persuasion. In case of failure to eliminate the discrimination, the state superintendent shall issue and serve a written notice of hearing, specifying the nature of the discrimination which appears to have been committed, and requiring the public school official, employee, teacher agency or placement bureau named, hereinafter called the “respondent” to answer the complaint at a hearing before the state superintendent. The notice shall specify a time of hearing not less than 10 days after service of the complaint, and a place of hearing within the county in which the discrimination is alleged to have occurred.

118.20(4) (4) After hearing, if the state superintendent finds that the respondent has engaged in discrimination prohibited by this section the state superintendent shall make written findings and recommend such action by the respondent as shall satisfy the purposes of this section and shall serve a certified copy of the findings and recommendations on the respondent together with an order requiring the respondent to comply with the recommendations. Any person aggrieved by noncompliance with the order shall be entitled to have the order enforced specifically by suit in equity. If the state superintendent finds that the respondent has not engaged in the alleged discrimination, the state superintendent shall serve a certified copy of the state superintendent’s findings on the complainant together with an order dismissing the complaint.

118.20(5) (5) If any public school official, employee, teachers agency or placement bureau violates sub. (1) or fails or refuses to obey any lawful order made by the state superintendent pursuant to this section, such person shall forfeit and pay into the state treasury not less than $25 nor more than $50, or be imprisoned not less than 5 nor more than 30 days. Such violation or failure or refusal to obey an order shall be grounds for the removal of any school district administrator, member of a school board or other public school official. Findings and orders of the state superintendent under this section shall be subject to judicial review under ch. 227.

118.20(6) (6) Upon request of the state superintendent, the attorney general or district attorney of the county in which any investigation, hearing or trial under this section is pending, shall aid and prosecute under supervision of the state superintendent, all necessary actions or proceedings for the enforcement of this section and for the punishment of all violations thereof.

118.20(7) (7) In administering this section the state superintendent shall have authority to make, amend and rescind rules necessary to carry out the purposes of this section.

118.20 History History: 1975 c. 94; 1977 c. 286 s. 4; 1981 c. 334 s. 25 (2); 1993 a. 492; 1995 a. 27 ss. 3954, 3955, 9145 (1); 1997 a. 27.

118.20 Annotation This section is not the exclusive remedy of a wronged teacher; it is supplementary to the Fair Employment Act, ch. 111. Kurtz v. City of Waukesha, 91 Wis. 2d 103, 280 N.W.2d 757 (1979).

118.21 118.21 Teacher contracts.

118.21(1) (1) The school board shall contract in writing with qualified teachers. The contract, with a copy of the teacher’s authority to teach attached, shall be filed with the school district clerk. Such contract, in addition to fixing the teacher’s wage, may provide for compensating the teacher for necessary travel expense. A teaching contract with any person not legally authorized to teach the named subject or at the named school shall be void. All teaching contracts shall terminate if, and when, the authority to teach terminates.

118.21(2) (2) Any person who contracts to teach in any public school shall file in the office of the school district administrator, within 10 days after entering into such contract, a statement showing the date of expiration, if any, and the grade and character of certificate or license held. In any school district not having a school district administrator, the statement shall be filed with the school district clerk. Teachers employed by a cooperative educational service agency shall file the statement in the office of the agency coordinator. No order or warrant may be issued by the school district clerk in payment of the salary of any teacher, unless the teacher has complied with this subsection.

118.21(3) (3) School boards may provide in the contracts of teachers of agricultural and homemaking courses for payment out of school district funds for services performed outside the school district and connected with the performance of their regular teaching duties, and for travel expenses connected with such services.

118.21(4) (4) School boards may give to any teacher, without deduction from the teacher’s wages, the whole or part of any time spent by the teacher in attending a teachers’ educational convention, upon the teacher’s filing with the school district clerk a certificate of attendance at the convention, signed by the person or secretary of the association conducting the convention.

118.21 History History: 1979 c. 301; 1993 a. 492; 2017 a. 59.

118.21 Cross-reference Cross-reference: See s. 118.22 (2) for requirement that majority vote of full board membership is required for employment of a teacher.

118.21 Annotation A collective bargaining provision that releases only teacher members of a majority union from in-service days to attend, with pay, a state convention of the union is discriminatory, but the school board can deny compensation to minority union members who attend a regional convention of their union if they do so in good faith. Board of Education v. WERC, 52 Wis. 2d 625, 191 N.W.2d 242 (1971).

118.21 Annotation A teacher’s lack of legal authority to teach assigned courses, although known to the school board at the time of hiring and subsequent assignments, was sufficient ground for dismissal despite the fact that the school superintendent repeatedly assured the teacher that the certification problem was an administrative omission that would be cured by the board. Grams v. Melrose-Mindoro Joint School District No. 1, 78 Wis. 2d 569, 254 N.W.2d 730 (1977).

118.21 Annotation An individual teacher’s contract under this section and s. 118.22 is subservient to a collective bargaining contract under s. 111.70. 60 Atty. Gen. 342.