118.19(3)(b)
(b) The department 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).
Effective date note
NOTE: Par. (b) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(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)(a)(a) Notwithstanding
subch. II of ch. 111, the department may not grant a license 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, for 6 years following the date of the conviction, and may grant the license only if the person establishes by clear and convincing evidence that he or she is entitled to the license.
Effective date note
NOTE: Par. (a) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(a) Notwithstanding subch. II of ch. 111, the state superintendent may not grant a license 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, for 6 years following the date of the conviction, and 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 department 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.
Effective date note
NOTE: Par. (b) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(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) Beginning July 1, 1995, the department may not issue or renew a license to teach the visually impaired unless the applicant demonstrates, based on criteria established by the department by rule, that he or she is proficient in reading and writing braille and in teaching braille. In promulgating rules under this subsection, the department shall take into consideration the standard used by the librarian of congress for certifying braille transcribers.
Effective date note
NOTE: Sub. (4m) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(4m) Beginning July 1, 1995, the state superintendent may not issue or renew 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(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) 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(8)
(8) Beginning July 1, 1992, the department 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.
Effective date note
NOTE: Sub. (8) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(8) Beginning July 1, 1992, 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)(a)(a) Except as provided in
par. (b), beginning on July 1, 1996, the department 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:
Effective date note
NOTE: Par. (a) (intro.) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(a) Except as provided in par. (b), beginning on July 1, 1996, 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 department 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.
Effective date note
NOTE: Par. (b) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(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.
118.19(10)(b)
(b) With the assistance of the department of justice, the department shall do all of the following:
Effective date note
NOTE: Par. (b) (intro.) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(b) With the assistance of the department of justice, the state superintendent shall do all of the following:
118.19(10)(b)1.
1. Conduct a background investigation of each applicant for issuance or renewal of a license or permit.
118.19(10)(b)2.
2. Over a 5-year period, conduct a background investigation of each person who holds a license, issued by the department, that has no expiration date and who is employed by an educational agency.
Effective date note
NOTE: Subd. 2. is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
2. Over a 5-year period, conduct a background investigation of each person who holds a license, issued by the state superintendent, that has no expiration date and who is employed by an educational agency.
118.19(10)(c)
(c) If the person under
par. (b) is a nonresident, or if the department determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the department shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.
Effective date note
NOTE: Par. (c) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(c) If the person under par. (b) is a nonresident, or if the state superintendent determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the state superintendent shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.
118.19(10)(d)
(d) Upon request, an educational agency shall provide the department with all of the following information about each person employed by the educational agency who holds a license, issued by the department, that has no expiration date:
Effective date note
NOTE: Par. (d) (intro.) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(d) Upon request, an educational agency shall provide the state superintendent with all of the following information about each person employed by the educational agency who holds a license, issued by the state superintendent, that has no expiration date:
118.19(10)(d)2.
2. The person's social security number or the license identification number given by the department when the person's original license was issued.
118.19(10)(d)3.
3. Other identifying information, including the person's birthdate, sex, race and any identifying physical characteristics.
118.19(10)(e)
(e) The department may issue or renew a license or permit conditioned upon the receipt of a satisfactory background investigation.
Effective date note
NOTE: Par. (e) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(e) The state superintendent may issue or renew a license or permit conditioned upon the receipt of a satisfactory background investigation.
118.19(10)(f)
(f) The department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under
s. 19.35.
Effective date note
NOTE: Par. (f) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(f) The state superintendent shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under s. 19.35.
118.19(11)
(11) The department may promulgate rules establishing requirements for licensure as a school principal. A school principal license shall authorize the individual to serve as a school principal for any grade level.
118.19(12)
(12) Beginning on July 1, 1998, the department may not issue or renew a license that authorizes the holder to teach reading or language arts to pupils in any prekindergarten class or in any of the grades from kindergarten to 6 unless the applicant has successfully completed instruction preparing the applicant to teach reading and language arts using appropriate instructional methods, including phonics. The phonics instruction need not be provided as a separate course. In this subsection, "phonics" means a method of teaching beginners to read and pronounce words by learning the phonetic value of letters, letter groups and syllables.
118.19 History
History: 1971 c. 154;
1975 c. 39,
95;
1979 c. 346;
1981 c. 314 s.
146;
1985 a. 29,
207;
1989 a. 31;
1991 a. 42,
108,
164,
315;
1993 a. 16,
334,
339,
454,
491;
1995 a. 27 ss.
3951m,
9145 (1);
1995 a. 299.
118.192
118.192
Professional teaching permits; mathematics and science. 118.192(1)(1) The department shall establish an alternative teacher training program for mathematics and science teachers. The program shall be conducted during the summer and shall consist of approximately 100 hours of formal instruction.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(1) The state superintendent shall establish an alternative teacher training program for mathematics and science teachers. The program shall be conducted during the summer and shall consist of approximately 100 hours of formal instruction.
118.192(2)
(2) An individual who holds a bachelor's degree in engineering, mathematics, biology, chemistry or physics, has at least 5 years of experience as an engineer, mathematician or science professional and passes the appropriate subject area portion of the national teacher's examination administered by the educational testing service, inc., in mathematics or science may apply to the department for enrollment in the alternative teacher training program. The department shall charge a fee sufficient to cover the costs of the program.
Effective date note
NOTE: Sub. (2) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(2) An individual who holds a bachelor's degree in engineering, mathematics, biology, chemistry or physics, has at least 5 years of experience as an engineer, mathematician or science professional and passes the appropriate subject area portion of the national teacher's examination administered by the educational testing service, inc., in mathematics or science 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 department shall grant a professional teaching permit to any person who satisfactorily completes the program under
sub. (2). The permit authorizes the person to teach mathematics or science, as specified by the department, in grades kindergarten to 12 for 2 years, if the person is supervised by a person who holds a regular teaching license. The permit is renewable.
Effective date note
NOTE: Sub. (3) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(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 mathematics or science, as specified by the state superintendent, in grades kindergarten to 12 for 2 years, if the person is supervised by a person who holds a regular teaching license. The permit is renewable.
118.192(4)
(4) A school board that employs a person who holds a professional teaching permit shall do all of the following:
118.192(4)(a)
(a) Allow a licensed teacher to supervise no more than one person holding a permit.
118.192(4)(b)
(b) Ensure that no licensed teacher is removed from his or her position as a result of the employment of persons holding permits.
118.192(5)
(5) The state superintendent shall evaluate the program under this section. By January 15, 1995, the state superintendent shall submit a report to the governor and to the legislature under
s. 13.172 (2). The report shall include the state superintendent's evaluation of and recommendations for the program.
Effective date note
NOTE: Sub. (5) was repealed eff. 7-29-95 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA.
118.192 History
History: 1991 a. 108;
1995 a. 27 ss.
3952,
9145 (1).
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 department 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.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(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 department for advice and assistance in interpreting this section.
Effective date note
NOTE: Sub. (2) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(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).
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 employes or by teachers agencies or placement bureaus.
118.20(2)
(2) The department may receive and investigate complaints charging discrimination in employment, assignment or reassignment of teachers or administrative personnel in the public schools and the department may hold hearings, subpoena witnesses and take testimony to effectuate the purposes of this section.
Effective date note
NOTE: Sub. (2) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(2) The state superintendent or a person designated by the superintendent may receive and investigate complaints charging discrimination in employment, assignment or reassignment of 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.
118.20(3)
(3) If the department finds probable cause to believe that any discrimination prohibited by this section has been or is being practiced, the department shall immediately endeavor to eliminate the practice by conference, conciliation or persuasion. In case of failure to eliminate the discrimination, the department 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, employe, teacher agency or placement bureau named, hereinafter called the "respondent" to answer the complaint at a hearing before the department. 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.
Effective date note
NOTE: Sub. (3) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(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, employe, 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 department finds that the respondent has engaged in discrimination prohibited by this section the department 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 department finds that the respondent has not engaged in the alleged discrimination, the department shall serve a certified copy of the department's findings on the complainant together with an order dismissing the complaint.
