118.193(2)(b) (b) The individual taught for at least one year under the license granted by another 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(4) (4)
118.193(4)(a)(a) The department shall determine the subjects and grades that a license issued under sub. (2) authorizes an individual to teach based on the subjects and grades the individual is authorized to teach under his or her license granted by another state and the individual's teaching experience.
118.193(4)(b) (b) The department shall determine the school administrator category under s. PI 34.32, Wis. Adm. Code, for a license issued under sub. (3) and the grades to which the license applies based on the individual's license granted by another state and the individual's experience as an administrator.
118.193 Note NOTE: Section PI 34.32, Wis. Adm. Code, no longer exists. Chapter PI 34, Wis. Adm. Code, was repealed and recreated in its entirety effective 8-1-18.
118.193 History History: 2015 a. 55; 2017 a. 59.
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)(a) (a) Possesses a bachelor's degree.
118.194(1)(b) (b) Successfully completed a teacher education program accredited by the Montessori Accreditation Council for Teacher Education or approved by the Association Montessori Internationale.
118.194(1)(c) (c) Successfully completed an introductory course in special education for which the individual earned at least 3 postsecondary credits.
118.194(1)(d) (d) Earned a passing score on any standardized examinations required by the state superintendent for a license to teach the same educational levels and subjects issued in accordance with s. 118.19 and on an examination identical to the Foundations of Reading test administered in 2012 as part of the Massachusetts Tests for Educator Licensure.
118.194(2) (2)A license under sub. (1) authorizes an individual to teach the educational levels for which the individual has successfully completed a teacher education program described in sub. (1) (b) at a school that uses the Montessori method as its primary method of instruction. The department shall treat an initial license to teach granted under sub. (1) in the same manner the state superintendent treats an initial license to teach granted in accordance with s. 118.19.
118.194 History History: 2015 a. 55; 2017 a. 106.
118.195 118.195 Discrimination against handicapped teachers prohibited.
118.195(1)(1)No person otherwise qualified may be denied a certificate or license from the state superintendent under s. 118.19 (1) because the person is totally or partially blind, deaf or physically handicapped nor may any school district refuse to employ a teacher on such grounds, if such handicapped teacher is able to carry out the duties of the position which the person seeks.
118.195(2) (2)Any school board may request the state superintendent for advice and assistance in interpreting this section.
118.195 History History: 1993 a. 492; 1995 a. 27 s. 9145 (1); 1997 a. 27.
118.196 118.196 Teacher development program.
118.196(1)(1)A school board, governing body of a private school, or a charter management organization may apply to the department of workforce development for a grant under s. 106.272 to design and implement a teacher development program that satisfies the requirements under sub. (2) with an educator preparation program approved by the department and headquartered in this state.
118.196(2) (2)
118.196(2)(a)(a) The school board, governing body, or charter management organization and the educator preparation program under sub. (1) shall design the teacher development program to prepare employees of the school district, private school, or charter management organization who work closely with students to successfully complete the requirements for obtaining a permit under s. 118.192 or an initial teaching license under s. 118.19, including any standardized examination prescribed by the state superintendent as a condition for permitting or licensure.
118.196(2)(b) (b) To implement the teacher development program designed under par. (a), the school board, governing body, and charter management organization shall allow employees who are enrolled in the program to satisfy student teaching requirements in a school in the school district, in the private school, or in the charter management organization, and the partnering entity under sub. (1) shall prepare and provide intensive coursework for participating employees.
118.196(2)(c) (c) The school board, governing body, and charter management organization shall permit an individual who does not hold a bachelor's degree to enroll in a teacher development program developed and implemented under this section.
118.196(3) (3)Notwithstanding s. 118.19 (3) (a), the department may issue an initial teaching license to an individual who completes a teacher development program designed and implemented under this section.
118.196 History History: 2017 a. 59.
118.197 118.197 Initial license to teach; alternative preparation programs.
118.197(1)(1)Notwithstanding s. 118.19 (4m), (6) to (9), 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)(a) (a) The individual possesses a bachelor's degree.
118.197(1)(b) (b) The individual successfully completed an alternative teacher certification program operated by 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)1. 1. The organization operates in at least 5 states.
118.197(1)(b)2. 2. The organization has been operating an alternative teacher certification program for at least 10 years.
118.197(1)(b)3. 3. The organization requires candidates to pass a subject area exam and the pedagogy exam known as the Professional Teaching Knowledge exam to receive a certificate under the alternative teacher certification.
118.197(2) (2)A license under sub. (1) authorizes an individual to teach the subject and educational levels for which the individual has successfully completed an alternative teacher certification program. The department shall treat an initial license to teach granted under sub. (1) in the same manner the state superintendent treats an initial license to teach granted in accordance with s. 118.19.
118.197 History History: 2017 a. 59.
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 History History: 1979 c. 301; 1993 a. 492; 2017 a. 59.
118.21 Cross-reference Cross-reference: See s. 118.22 (2) for requirement that majority vote of full board membership is required for employment of a teacher.
118.21 Annotation A collective bargaining provision that releases only teacher members of a majority union from in-service days to attend, with pay, a state convention of the union is discriminatory, but the school board can deny compensation to minority union members who attend a regional convention of their union if they do so in good faith. Board of Education v. WERC, 52 Wis. 2d 625, 191 N.W.2d 242 (1971).
118.21 Annotation A teacher's lack of legal authority to teach assigned courses, although known to the school board at 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)(1)In this section:
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.
118.225 History History: 2009 a. 60; 2011 a. 105; 2017 a. 36.
118.23 118.23 Populous counties; teacher tenure.
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2015-16 Wisconsin Statutes updated through 2017 Wis. Act 367 and all Supreme Court and Controlled Substances Board Orders filed before and in effect on December 1, 2018. Published and certified under s. 35.18. Changes effective after December 1, 2018 are designated by NOTES. (Published 12-1-18)