118.195(2)
(2) Any school board may request the state superintendent for advice and assistance in interpreting this section.
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)(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), 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:
118.197(1)(b)
(b) The individual successfully completed an alternative teacher certification program operated by a nonstock, nonprofit organization described under section
501 (c) (3) of the Internal Revenue Code that satisfies all of the following criteria:
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.
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, 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 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) (2) 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.
118.23
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 750,000 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.
118.23(2)
(2) All teachers shall be employed on probation, but after continuous and successful probation for 3 years and the gaining of the 4th contract in the same school system or school, their employment shall be permanent except as provided in sub.
(3). All principals shall be employed on probation, but after continuous and successful probation for 3 years and the gaining of a 4th contract in the same school system or school, their employment shall be permanent except as provided in sub.
(3). Upon accepting employment in another school system or school to which this section applies, a teacher who has acquired permanent employment under this section shall be on probation therein for 2 years. After continuous and successful probation for 2 years and gaining the 3rd contract in such school system or school, employment therein shall be permanent except as provided in sub.
(3). A person who acquired tenure as a teacher under this section shall not be deprived of tenure as a teacher by reason of the person's employment as a principal.
118.23(3)
(3) No teacher who has become permanently employed under this section may be refused employment, dismissed, removed or discharged, except for inefficiency or immorality, for willful and persistent violation of reasonable regulations of the governing body of the school system or school or for other good cause, upon written charges based on fact preferred by the governing body or other proper officer of the school system or school in which the teacher is employed. Upon the teacher's written request and no less than 10 nor more than 30 days after receipt of notice by the teacher, the charges shall be heard and determined by the governing body of the school system or school by which the teacher is employed. Hearings shall be public when requested by the teacher and all proceedings thereat shall be taken by a court reporter. All parties shall be entitled to be represented by counsel at the hearing. The action of the governing body is final.
118.23(4)
(4) If necessary to decrease the number of permanently employed teachers by reason of a substantial decrease of pupil population within the school district, the governing body of the school system or school may lay off the necessary number of teachers, but only in the inverse order of the appointment of such teachers. No permanently employed teacher may be prevented from securing other employment during the period that the teacher is laid off under this subsection. Such teachers shall be reinstated in inverse order of their being laid off, if qualified to fill the vacancies. Such reinstatement shall not result in a loss of credit for previous years of service. No new permanent or substitute appointments may be made while there are laid off permanent teachers available who are qualified to fill the vacancies.
118.23(6)
(6) This section does not apply after December 21, 1995. Any person whose employment is permanent under sub.
(3) on December 21, 1995, shall retain all of the rights and privileges of such permanent employment after that date.
118.23 Annotation
Layoff and reinstatement provisions in this section are to be applied separately to classroom teachers and principals. 70 Atty. Gen. 6.
118.235
118.235
Lunch period for teachers. Every school board shall grant daily a duty-free lunch period to each of its teachers, except that a school district may contract with any teacher employed by it for services during such period. Such period shall be not less than 30 minutes and shall be provided at or near the time of the regular school lunch period.
118.24
118.24
School district administrator. 118.24(1)(1)
A school board may employ a school district administrator, a business manager and school principals and assistants to such persons. The term of each employment contract may not exceed 2 years. A contract for a term of 2 years may provide for one or more extensions of one year each.
118.24(2)(a)(a) Under the direction of the employing school board, the school district administrator shall have general supervision and management of the professional work of the schools and the promotion of pupils.
118.24(2)(b)
(b) The school district administrator shall not be a member of the school board and shall not engage in any pursuit which interferes with the proper discharge of the duties.
118.24(2)(c)
(c) The school district administrator shall make written recommendations to the school board on teachers, courses of study, discipline and such other matters as the administrator thinks advisable and shall perform such other duties as the school board requires.
118.24(2)(d)
(d) The school district administrator may act as principal or teacher in any school under the administrator's supervision.
118.24(2)(f)
(f) The school district administrator shall ensure that the administrative and pupil service staff in the district cooperate with the county department under s.
51.42 in the dissemination of information regarding the availability of alcohol and drug abuse services and to jointly establish procedures for the referral to appropriate agencies of students experiencing problems resulting from the use of alcohol or other drugs.
118.24(3)
(3) The principal shall perform such administrative and instructional leadership responsibilities as are assigned by the district administrator under the rules and regulations of the school board.
118.24(4)
(4) A business administrator shall perform such fiscal and business management and other administrative duties as are assigned by the district administrator subject to the rules, regulations and approval of the school board.
118.24(5)
(5) School principals and business administrators, and assistants thereto, may, upon authorization from the school board or district administrator, attend conventions for the purpose of promoting and stimulating their professional growth and for improving the schools of the district and the state. For such approved attendance they may be reimbursed for actual and necessary expenses incurred for travel, board, lodging and attendance at such conventions upon proper filing of proof of attendance and of such necessary expenditures.
