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.
118.192
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.
118.193
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(2)
(2) Notwithstanding
s. 118.19 (4m),
(6) to
(9), and
(12) to
(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:
118.193(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 one year under the license granted by another state.
118.193(2)(c)
(c) The individual has received an offer of employment to teach in a school located in this state.
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(3)(c)
(c) The individual has received an offer of employment to be an administrator for a school or school district located in this state.
118.193(4)(a)(a) An application for a license under
sub. (2) or
(3) shall be made jointly by the applicant and the school or school board that made the offer of employment required for the license.
118.193(4)(b)1.1. 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)2.
2. 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 History
History: 2015 a. 55.
118.194
118.194
Initial license to teach; Montessori. 118.194(1)
(1) Notwithstanding
s. 118.19 (4m),
(6) to
(9), and
(12) to
(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)(b)
(b) Successfully completed a teacher education program accredited by the Montessori Accreditation Council for Teacher Education.
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.
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 accredited by the Montessori Accreditation Council for Teacher Education 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.
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.
118.20
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 Annotation
Section 118.20 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 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
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 time of hiring and subsequent assignments, was sufficient ground for dismissal despite the fact that 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 Jt. School Dist. No. 1,
78 Wis. 2d 569,
254 N.W.2d 730 (1977).
118.21 Annotation
An individual teacher's contract under ss. 118.21 and 118.22 is subservient to a collective bargaining contract under s. 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 their 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 was 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 (1973).
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 children with disabilities 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 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 May 15 of the school year during which a teacher holds a contract, the board by which the teacher is employed or an employee 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 May 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 May 15, shall accept or reject in writing such contract not later than the following June 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 Annotation
Notice of intent not to renew that part of a contract providing extra pay for extra work as a coach is not necessary. Richards v. Sheboygan Board of Education,
58 Wis. 2d 444,
206 N.W.2d 597 (1973).
118.22 Annotation
Under the facts of the case, the failure to timely provide notice of the right to a private conference under sub. (3) did not provide sufficient grounds to issue a writ of mandamus. Rawhouser v. CESA No. 4,
75 Wis. 2d 52,
248 N.W.2d 442 (1977).
118.22 Annotation
In the absence of evidence of a school board's bias, the trial court had no jurisdiction to hold a de novo hearing regarding the competence of a teacher facing nonrenewal under sub. (3). Naus v. Sheboygan Falls Joint School District No. 1,
76 Wis. 2d 104,
250 N.W.2d 725 (1977).
118.22 Annotation
Arbitration was proper under a “discharge and nonrenewal" clause in a collective bargaining agreement when the school board did not offer teacher a second contract after rejecting a contract that was signed and returned by the teacher with the title “probationary contract" crossed out. Jefferson Joint School Dist. No. 10 v. Jefferson Education Association
78 Wis. 2d 94,
253 N.W.2d 536 (1977).
118.22 Annotation
Under sub. (2), a board has the exclusive right to hire and fire a teacher. Due process does not require that the board be an impartial decisionmaker. Hortonville Education Association v. Hortonville Joint School District No. 1,
87 Wis. 2d 347,
274 N.W.2d 697 (1979).
118.22 Annotation
An employment contract that recites that a teacher's employment will not be renewed cannot be construed as a waiver of rights granted by this section. There is a presumption of good faith applicable to a board's decisions. Faust v. Ladysmith-Hawkins School Systems,
88 Wis. 2d 525,
277 N.W.2d 303,
281 N.W.2d 611 (1979).
118.22 Annotation
The layoff of a teacher is not the equivalent of a “refusal to renew" when a collective bargaining agreement under s. 111.70 contains layoff provisions incorporated in the teacher's contract. Mack v. Joint School District No. 3, Hales Corners,
92 Wis. 2d 476,
285 N.W.2d 604 (1979).
118.22 Annotation
Arbitrators appointed pursuant to the grievance procedure contained in a collective bargaining agreement properly held a de novo factual hearing to determine whether just cause existed for the school board to terminate a teacher. Fortney v. School District of West Salem,
108 Wis. 2d 167,
321 N.W.2d 255 (1982).
118.22 Annotation
A teacher who forgot to accept an employment offer under s. 118.22 (2) and who was consequently terminated did not voluntarily terminate employment under s. 108.04 (7). Nelson v. LIRC,
123 Wis. 2d 221,
365 N.W.2d 629 (Ct. App. 1985).
118.22 Annotation
Sub. (2) requires written notice of nonrenewal. A district must follow the explicit written notice requirement. Sterlinske v. School District of Bruce,
211 Wis. 2d 608,
565 N.W.2d 273 (Ct. App. 1997),
96-2624.
118.22 Annotation
A “private conference" under sub. (3) on nonrenewal of teacher's contract is a “meeting" within s. 19.82 (2). 66 Atty. Gen. 211.
118.22 Annotation
Civil rights; academic freedom; refusal to hire a nontenure teacher for a constitutionally impermissible reason. 1970 WLR 162.
118.22 Annotation
Fairness of a hearing before a school board on nonrenewal of a teacher's contract. 1971 WLR 354.
118.223
118.223
Collective bargaining. Except as provided under
subch. IV of ch. 111, no school board may collectively bargain with its employees.
118.223 History
History: 2011 a. 10.
118.225
118.225
Teacher evaluations. A school board may use value-added analyses of scores on the examinations administered to pupils under
s. 118.30 and
20 USC 6311 (b) (3) to evaluate teachers if the school board has developed a teacher evaluation plan that includes all of the following:
118.225(1)
(1) A description of the evaluation process.
118.225(2)
(2) Multiple criteria in addition to examination results.
118.225(3)
(3) The rationale for using examination results to evaluate teachers.
118.225(4)
(4) An explanation of how the school board intends to use the evaluations to improve pupil academic achievement.
118.225 History
History: 2009 a. 60;
2011 a. 105.
118.23
118.23
Populous counties; teacher tenure. 118.23(1)
(1) In this section “teacher" means any person who holds a teacher's certificate or license and whose legal employment requires such certificate or license, who is employed full time and meets the minimum requirements prescribed by the governing body employing such person and who is employed by a school board, board of trustees or governing body of any school operating under
chs. 115 to
121 and lying entirely and exclusively in a county having a population of 500,000 or more. “Teacher" does not include any superintendent or assistant superintendent; any teacher having civil service status under
ss. 63.01 to
63.17; any teacher in a public school in a 1st class city; or any person who is employed by a school board during time of war as a substitute for a teacher on leave while on full-time duty in the U.S. armed forces or any reserve or auxiliary thereof and who is notified in writing at the time of employment that the position is of a temporary nature.
