Wisconsin Statutes 118.19 – Teacher certificates and licenses; administrator and pupil services professional licenses
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Terms Used In Wisconsin Statutes 118.19
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Promulgate: when used in connection with a rule, as defined under…. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Subpoena: A command to a witness to appear and give testimony.
- Year: means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord". See Wisconsin Statutes 990.01
(1) Except as provided in subs. (1b) and (1c) and s. 118.40 (8) (b) 1. and 2., any person seeking to teach in a public school, including a charter school, or in a school or institution operated by a county or the state shall first procure a license or permit from the department.
(1b) An individual may teach an online course in a subject and level in a public school, including a charter school, without a license or permit from the department if the individual holds a valid license or permit to teach the subject and level in the state from which the online course is provided.
(1c)
(a) In this subsection, “institution of higher education” means an institution or college campus within the University of Wisconsin System, a technical college under ch. 38, or any private, nonprofit postsecondary institution that is a member of the Wisconsin Association of Independent Colleges and Universities.
(b) A faculty member of an institution of higher education may teach in a public high school, including a charter school that operates only high school grades, without a license or permit from the department if the faculty member satisfies all of the following:
1. The faculty member is in good standing with the institution of higher education at which he or she is a member of the faculty.
2. The faculty member possesses a bachelor’s degree.
3. The department conducts a background investigation of the faculty member and the results of the background investigation would not make the faculty member ineligible for a teaching license under sub. (4) or (10).
(1m)
(a) The department of public instruction may not issue a license or permit or revalidate a license that has no expiration date unless the applicant provides the department of public instruction with his or her social security number. The department of public instruction may not disclose the social security number except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227.
(b) The department of public instruction may not issue a license or permit or revalidate a license that has no expiration date if the department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes or if the department of workforce development certifies under s. 108.227 that the applicant is liable for delinquent unemployment insurance contributions.
(1r)
(a) As provided in the memorandum of understanding under s. 49.857, the department of public instruction may not issue a license or permit or revalidate a license that has no expiration date unless the applicant provides the department of public instruction with his or her social security number. The department of public instruction may not disclose the social security number except to the department of children and families for the sole purpose of administering s. 49.22.
(b) As provided in the memorandum of understanding under s. 49.857, the department may not issue a license or permit or revalidate a license that has no expiration date if the applicant is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the applicant fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.
(1s)
(a) Notwithstanding subs. (1m) and (1r), if an applicant does not have a social security number, the applicant, as a condition of applying for, or applying to revalidate, a license under this section shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number.
(b) The teaching license of a person who submits a false statement under par. (a) is invalid.
(2) Until the end of the 1971-1972 school year, no certificate or license to teach in any public school may be issued unless the applicant has completed, beyond the work of the high school, 2 years of school work which were devoted to pedagogical instruction and training. Any teacher who has taught in any public school in the 1937-1938 school year or prior thereto may continue to teach in the public schools without complying with this subsection.
(3)
(a) No license to teach in any public school may be issued unless the applicant possesses a bachelor’s degree including such professional training as the department by rule requires, except as permitted under par. (b) and ss. 115.28 (17) (a), 118.191, 118.1915, 118.192, 118.193, 118.194, and 118.197. Notwithstanding s. 36.11 (16), no teacher preparatory program in this state may be approved by the state superintendent under s. 115.28 (7) (a), unless each student in the program is required to complete student teaching consisting of full days for a full semester following the daily schedule and semester calendar of the cooperating school or the equivalent, as determined by the state superintendent. No license to teach in any public school may be granted to an applicant who completed a professional training program outside this state unless the applicant completed student teaching consisting of full days for a full semester following the daily schedule and semester calendar of the cooperating school or the equivalent, as determined by the state superintendent. The state superintendent may grant exceptions to the student teaching requirements under this paragraph when the midyear calendars of the institution offering the teacher preparatory program and the cooperating school differ from each other and would prevent students from attending classes at the institution in accordance with the institution’s calendar. The state superintendent shall promulgate rules to implement this subsection. If for the purpose of granting a license to teach or for approving a teacher preparatory program the state superintendent requires that an institution of higher education be accredited, the state superintendent shall accept accreditation by a regional or national institutional accrediting agency recognized by the U.S. department of education or by a programmatic accrediting organization.
(b) The state superintendent shall permanently certify any applicant to teach Wisconsin native American languages and culture who has successfully completed the university of Wisconsin-Milwaukee school of education approved Wisconsin native American languages and culture project certification program at any time between January 1, 1974, and December 31, 1977. School districts shall not assign individuals certified under this paragraph to teach courses other than Wisconsin native American languages and culture, unless they qualify under par. (a).
(4)
(a) Notwithstanding subch. II of ch. 111, the state superintendent may not grant a license, for 6 years following the date of the conviction, to any person who has been convicted of any Class A, B, C, or D felony under ch. 940 or 948, except ss. 940.08 and 940.205, or of an equivalent crime in another state or country, for a violation that occurs on or after September 12, 1991, or any Class E, F, G, or H felony under ch. 940 or 948, except ss. 940.08 and 940.205, for a violation that occurs on or after February 1, 2003. The state superintendent may grant the license only if the person establishes by clear and convincing evidence that he or she is entitled to the license.
(b) Notwithstanding par. (a), the state superintendent shall grant a license to a person convicted of a crime described under par. (a), prior to the expiration of the 6-year period following the conviction, if the conviction is reversed, set aside or vacated.
(4m) The state superintendent may not issue a license to teach the visually impaired unless the applicant demonstrates, based on criteria established by the state superintendent by rule, that he or she is proficient in reading and writing braille and in teaching braille. In promulgating rules under this subsection, the state superintendent shall take into consideration the standard used by the librarian of congress for certifying braille transcribers.
(5) A person is not required to be licensed as an alternative education program teacher under s. 115.28 (7) (e) 2. to teach in an alternative education program, as defined in s. 115.28 (7) (e) 1.
(6) In granting certificates or licenses for the teaching of courses in economics, social studies or agriculture, adequate instruction in cooperative marketing and consumers’ cooperatives shall be required. In granting certificates or licenses for the teaching of courses in science or social studies, adequate instruction in the conservation of natural resources shall be required.
(7)
(a) No certificate or license to teach industrial arts subjects may be issued unless the applicant has had 3 years of practical experience beyond apprenticeship or 4 years of institutional training in such subjects. For purposes of salary schedules and promotion, any person teaching an industrial arts subject on January 1, 1936, who had 5 years of practical or teaching experience in such subject shall be deemed to have the equivalent of a bachelor’s degree.
(b) The state superintendent may issue a permit to teach industrial arts subjects if the applicant is certified by the technical college system board to teach an industrial arts or similar subject.
(7m) The state superintendent shall grant a substitute teacher permit to an individual who is eligible for licensure under subs. (4) and (10) and who satisfies any of the following:
(a) The individual has an associate degree and has successfully completed substitute teacher training.
(b)
1. All of the following apply to the individual:
a. The individual is at least 20 years of age.
b. The individual is enrolled in a teacher preparatory program approved by the state superintendent under s. 115.28 (7) (a).
c. If the teacher preparatory program in which the individual is enrolled awards a bachelor’s degree, the individual has successfully completed the minimum number of course credits required for the individual to have achieved junior level status.
d. The individual has completed at least 15 hours of classroom observation.
2. If the individual is eligible for a substitute teacher permit under subd. 1., the state superintendent may not require the individual to complete substitute teacher training as a condition for receiving the permit.
(8) The state superintendent may not grant to any person a license to teach unless the person has received instruction in the study of minority group relations, including instruction in the history, culture and tribal sovereignty of the federally recognized American Indian tribes and bands located in this state.
(9)
(a) Except as provided in par. (b), the state superintendent may not issue an initial teaching license, school district administrator’s license or school administrator’s license unless the applicant has demonstrated competency in all of the following:
1. Resolving conflicts between pupils and between pupils and school staff.
2. Assisting pupils in learning methods of resolving conflicts between pupils and between pupils and school staff, including training in the use of peer mediation to resolve conflicts between pupils.
3. Dealing with crises, including violent, disruptive, potentially violent or potentially disruptive situations, that may arise in school or at activities supervised by a school as a result of conflicts between pupils or between pupils and other persons.
(b) The state superintendent may waive the requirements under par. (a) if the applicant demonstrates competency in the subjects under par. (a) 1. to 3. within 12 months after the date on which the license is issued.
(10)
(a) In this subsection:
1. “Educational agency” has the meaning given in s. 115.31 (1) (b).
2. “Pupil services professional” has the meaning given in s. 118.257 (1) (c).
(b) With the assistance of the department of justice, the state superintendent shall do all of the following:
1. Conduct a background investigation of each applicant for issuance or renewal of a license or permit, including a license or permit issued to a pupil services professional, and for a faculty member seeking to teach in a public high school without a license or permit.
2. At least once every 5 years, conduct a background investigation of each person who satisfies all of the following:
a. The person holds a license issued by the state superintendent, including a license issued to a pupil services professional, that has no expiration date.
b. The person is employed by an educational agency or by a charter school established under s. 118.40 (2r) or (2x).
(c) If the person under par. (b) is a nonresident, or if the state superintendent determines that the person’s employment, licensing or state court records provide a reasonable basis for further investigation, the state superintendent shall require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person’s fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.
(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:
1. The person’s name.
2. The person’s social security number or the license identification number given by the department when the person’s original license was issued.
3. Other identifying information, including the person’s birthdate, sex, race and any identifying physical characteristics.
(e) The state superintendent may issue a license or permit conditioned upon the receipt of a satisfactory background investigation.
(f) The state superintendent shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Except as provided in par. (g), such information is not subject to inspection or copying under s. 19.35.
(g) At the request under s. 49.22 (2m) of the department of children and families or a county child support agency under s. 59.53 (5), the state superintendent shall release the name and address of the applicant or licensee, the name and address of the applicant’s or licensee’s employer and financial information, if any, related to the applicant or licensee obtained under this subsection to the department of children and families or the county child support agency.
(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.
(12) The department may not issue 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 that satisfies all of the following:
(a) The instruction prepared the applicant to teach reading and language arts using science-based early reading instruction, as defined in s. 118.015 (1c) (b).
(b) For licenses issued on or after July 1, 2026, the instruction did not include 3-cueing, as defined in s. 118.015 (1c) (c), as a method to teach reading and language arts.
(14)
(a) Except as provided in par. (b), the department may not issue an initial teaching license that authorizes the holder to teach in grades kindergarten to 5 or in special education, an initial license as a reading teacher, or an initial license as a reading specialist, unless the applicant has passed an examination identical to the Foundations of Reading test administered in 2012 as part of the Massachusetts Tests for Educator Licensure or identical to the most recent edition of that test. The department shall set the passing cut score on the examination at a level no lower than the level recommended by the developer of the test, based on this state’s standards.
(b) The department shall waive the requirement under par. (a) for an applicant seeking an initial teaching license that authorizes the holder to teach in special education if the applicant demonstrates to the satisfaction of the department that the applicant has successfully completed a course of study that satisfies all of the following:
1. The course of study provides rigorous instruction in the teaching of phonemic awareness, phonics, vocabulary, reading comprehension, and fluency.
2. A student in the course of study receives feedback and coaching from an individual who is an expert of reading instruction.
3. A student in the course of study demonstrates competence in phonemic awareness, phonics, vocabulary, reading comprehension, and fluency by providing a portfolio of work.
(c) Any teacher who passes the examination under par. (a) shall notify the department, which shall add a notation to the teacher’s license indicating that he or she passed the examination.
(16) The department shall ensure that teaching experience gained while a person held an emergency permit issued by the department under s. PI 34.21 (2), Wis. Adm. Code, counts toward fulfillment of the teaching experience requirement for a license based on experience under s. PI 34.195 (2), Wis. Adm. Code, or for a license in a school administrator category under s. PI 34.32, Wis. Adm. Code.
118.19 Note NOTE: Sections PI 34.195, 34.21, and 34.32, Wis. Adm. Code, no longer exist. Chapter PI 34, Wis. Adm. Code, was repealed and recreated in its entirety effective 8-1-18.
(18)
(a) Beginning on September 23, 2017, and subject to ss. 115.31 and 115.315, an individual who is applying for an initial teaching license, an initial administrator license, or an initial pupil services professional license under this section shall be subject to the requirement of this paragraph. The department may issue a provisional license for a term of 3 years to an individual who applies for an initial license under this paragraph.
(bc) The department shall, subject to ss. 115.31 and 115.315, issue a provisional license to an individual who holds a valid and current initial teaching, administrator, or pupil services license on September 23, 2017.
(bd) Except as provided in par. (c), and subject to ss. 115.31 and 115.315, a professional or master teaching license, administrator license, or pupil services license that is valid and current on September 23, 2017, is a lifetime license and has no expiration date.
(bg)
1. The department may issue a lifetime license under this subdivision to an individual who obtained a provisional license under par. (a) or (bc) if the individual has successfully completed 6 semesters of teaching, administrating, or pupil services experience, as defined by the department by rule.
2. An individual who does not successfully complete 6 semesters of teaching, administrating, or pupil services experience, as defined by the department by rule, within the 3-year term of a provisional license issued under par. (a) or (bc) may apply to renew the provisional license. There is no limit to the number of times an individual may renew a provisional license under par. (a) or (bc).
(c) If an individual who holds a lifetime license under par. (bd) or (bg) is not regularly employed in education, as defined by the department by rule, for 5 or more consecutive years, the department shall invalidate the lifetime license. An individual whose lifetime license has been invalidated under this paragraph may not revalidate the lifetime license until the individual applies for and obtains a provisional license under par. (a) and satisfies the requirements under par. (bg) for a lifetime license.