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.
Effective date note
NOTE: Sub. (4) 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
(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, employe, teachers agency or placement bureau violates
sub. (1) or fails or refuses to obey any lawful order made by the department 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 department under this section shall be subject to judicial review under
ch. 227.
Effective date note
NOTE: Sub. (5) 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
(5) If any public school official, employe, teachers agency or placement bureau violates sub. (1) or fails or refuses to obey any lawful order made by the 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 superintendent under this section shall be subject to judicial review under ch. 227.
118.20(6)
(6) Upon request of the department, 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 department, all necessary actions or proceedings for the enforcement of this section and for the punishment of all violations thereof.
Effective date note
NOTE: Sub. (6) 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
(6) Upon request of the 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 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 department shall have authority to make, amend and rescind rules necessary to carry out the purposes of this section.
Effective date note
NOTE: Sub. (7) 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
(7) In administering this section the superintendent shall have authority to make, amend and rescind rules necessary to carry out the purposes of this section.
118.20 Annotation
See note to 111.31, citing Kurtz v. City of Waukesha, 91 W (2d) 103, 280 NW (2d) 757 (1979);
1995 a. 27 s.
9145 (1).
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 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.
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
See note to 111.70, citing Bd. of Education v. WERC, 52 W (2d) 625, 191 NW (2d) 242.
118.21 Annotation
Teacher's lack of legal authority to teach assigned courses, although known to school board at time of hiring and subsequent assignments, was sufficient ground for dismissal despite fact that school superintendent repeatedly assured teacher that the certification problem was an administrative omission which would be cured by the board. Grams v. Melrose-Mindoro Jt. School Dist. No. 1, 78 W (2d) 569, 254 NW (2d) 730.
118.21 Annotation
Individual teacher's contract under 118.21 and 118.22 is subservient to collective bargaining contract under 111.70. 60 Atty. Gen. 342.
118.21 Annotation
School boards have authority to contract with teachers to provide for an increment or sum in addition to the regular salary in return for the teacher choosing an early retirement option. 63 Atty. Gen. 16.
118.21 Annotation
Even though a teacher was properly dismissed for an admitted violation of school rules, she is entitled to a due process hearing on other charges affecting her reputation as a teacher. Carpenter v. Greenfield School Dist. No. 6, 358 F Supp. 220.
118.22
118.22
Renewal of teacher contracts. 118.22(1)(a)
(a) "Board" means a school board, technical college district board, board of control of a cooperative educational service agency or county handicapped children's education board, but does not include any board of school directors in a city of the 1st class.
118.22(1)(b)
(b) "Teacher" means any person who holds a teacher's certificate or license issued by the department 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.
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) "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.
118.22(2)
(2) On or before March 15 of the school year during which a teacher holds a contract, the board by which the teacher is employed or an employe 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. 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, 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. 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.
118.22(3)
(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 being given written notice of refusal to renew the teacher's contract.
118.22(4)
(4) 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 employes is required to bargain such modification, waiver or replacement.
118.22 Annotation
See note to 118.26, citing Veith v. Joint School Dist. No. 6, 54 W (2d) 501, 196 NW (2d) 714.
118.22 Annotation
Notice of intent not to renew that part of a contract which provided extra pay for extra work as a coach is not necessary. Richards v. Board of Education, 58 W (2d) 444, 206 NW (2d) 597.
118.22 Annotation
Dual purpose of hearing under (3) is to persuade board to renew contract or, failing that, to voluntarily resign. Rawhouser v. CESA No. 4, 75 W (2d) 52, 248 NW (2d) 442.
118.22 Annotation
In absence of evidence of bias or high probability of bias of school board, trial court had no jurisdiction to hold de novo hearing as to competence of teacher facing nonrenewal under (3). Naus v. Jt. Sch. Dist. No. 1 Sheboygan Falls, 76 W (2d) 104, 250 NW (2d) 725.
118.22 Annotation
See note to 788.10, citing Jt. School Dist. No. 10 v. Jefferson Ed. Asso. 78 W (2d) 94, 253 NW (2d) 536.
118.22 Annotation
Under (2), board has exclusive right to hire and fire a teacher. Due process does not require that board be an impartial decisionmaker. Hortonville Ed. Asso. v. Joint Sch. Dist. No. 1, 87 W (2d) 347, 274 NW (2d) 697 (1979).
118.22 Annotation
Employment contract which recites that teacher's employment will not be renewed cannot be construed as a waiver of rights granted by this section. Presumption of board's good faith discussed. Faust v. Ladysmith-Hawkins School Systems, 88 W (2d) 525, 277 NW (2d) 303, 281 NW (2d) 611 (1979).
118.22 Annotation
Layoff of teacher is not equivalent of "refusal to renew" when collective bargaining agreement under 111.70 contains layoff provisions incorporated in teacher's contract. Mack v. Joint School District No. 3, 92 W (2d) 476, 285 NW (2d) 604 (1979).
