LRB-4370/1
FFK:amn
2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 534
October 18, 2023 - Introduced by Representatives SHELTON, MYERS, C. ANDERSON,
ANDRACA, MADISON, J. ANDERSON, BALDEH, CLANCY, JOERS, NEUBAUER, RATCLIFF,
SINICKI and SUBECK, cosponsored by Senators LARSON, SMITH, ROYS,
HESSELBEIN, AGARD, SPREITZER and CARPENTER. Referred to Committee on
Regulatory Licensing Reform.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 115.28 (7) (b), 118.19 (1), 118.19 (1b), 118.19 (1c) (b) (intro.),
118.19 (3) (a), 118.19 (3) (b), 118.19 (10) (b) 1., 118.191 (2) (a), 118.191 (2) (b),
118.191 (2m), 118.191 (3), 118.191 (4), 118.192 (4), 118.60 (2) (a) 6. a., 118.60 (2)
(a) 6. b., 119.23 (2) (a) 6. a. and 119.23 (2) (a) 6. b.; and to create 115.7915 (2)
(i), 118.60 (2) (a) 6m., 118.60 (2) (c) 3., 118.60 (2) (c) 4., 119.23 (2) (a) 6m., 119.23
(2) (c) 3. and 119.23 (2) (c) 4. of the statutes; relating to: teacher and
administrator licensure in parental choice programs and in the Special Needs
Scholarship Program and granting rule-making authority.
Analysis by the Legislative Reference Bureau
With certain exceptions, this bill requires that, beginning on July 1, 2025,
teachers and administrators at private schools participating in a parental choice
program or in the Special Needs Scholarship Program must hold a license or permit
issued by the Department of Public Instruction. Under current law, teachers and
administrators at choice schools must have at least a bachelor's degree from a
nationally or regionally accredited institution of higher education, but they are not
required to be licensed by DPI. There are no current law requirements regarding who
may teach or be employed as an administrator at SNSP schools.
The bill provides an exception for a teacher who teaches only courses in
rabbinical studies and for an administrator at a private school that prepares and
1
2
3
4
5
6
7
8 - 2 -2023 - 2024 Legislature LRB-4370/1
FFK:amn
ASSEMBLY BILL 534
trains pupils attending the private school in rabbinical studies. In addition, the bill
provides a grace period for a teacher or administrator who has been teaching or
employed as an administrator for at least the five consecutive years immediately
preceding July 1, 2025, which allows the teacher or administrator to apply for a
temporary, nonrenewable waiver of the licensure requirement. An applicant for a
waiver must submit a plan for becoming licensed as required under the bill.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 115.28 (7) (b) of the statutes is amended to read:
115.28 (7) (b) Subject to the same rules and laws concerning qualifications of
applicants and granting and revocation of licenses or certificates under par. (a), the
state superintendent shall grant certificates and licenses to teachers in private
schools and tribal schools, except that teaching experience requirements for such
certificates and licenses may be fulfilled by teaching experience in public, private,
or tribal schools. An applicant is not eligible for a license or certificate unless the
state superintendent finds that the private school or tribal school in which the
applicant taught offered an adequate educational program during the period of the
applicant's teaching therein. Private Except as provided under ss. 115.7915 (2) (i),
118.60 (2) (a) 6m., and 119.23 (2) (a) 6m., private schools are not obligated to employ
only licensed or certified teachers.
SECTION 2. 115.7915 (2) (i) of the statutes is created to read:
115.7915 (2) (i) 1. Except as provided in subd. 3., beginning on July 1, 2025, all
of the eligible school's teachers have a teaching license or permit issued by the
department, except that a teacher employed by the eligible school who teaches only
courses in rabbinical studies is not required to hold a license or permit to teach issued
by the department.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 - 3 -2023 - 2024 Legislature
LRB-4370/1
FFK:amn
SECTION 2
ASSEMBLY BILL 534
2. Except as provided in subd. 3., beginning on July 1, 2025, all of the eligible
school's administrators have an administrator's license issued by the department.
3. Any teacher or administrator employed by the eligible school on July 1, 2025,
who has been teaching or employed as an administrator for at least the 5 consecutive
years immediately preceding July 1, 2025, and who does not satisfy the requirements
under subd. 1. or 2. on July 1, 2025, applies to the department on a form prepared
by the department for a temporary, nonrenewable waiver from the requirements
under subd. 1. or 2. The department shall promulgate rules to implement this
subdivision, including the form of the application and the process by which the
waiver application will be reviewed. The application form shall require the applicant
to submit a plan for satisfying the requirements under subd. 1. No waiver granted
under this subdivision is valid after July 1, 2030.
SECTION 3. 118.19 (1) of the statutes is amended to read:
118.19 (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, in a private school
participating in a parental choice program under s. 118.60 or 119.23, or in a private
school participating in the program under s. 115.7915 shall first procure a license or
permit from the department.
SECTION 4. 118.19 (1b) of the statutes is amended to read:
118.19 (1b) An individual may teach an online course in a subject and level in
a public school, including a charter school, in a private school participating in a
parental choice program under s. 118.60 or 119.23, or in a private school
participating in the program under s. 115.7915 without a license or permit from the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 - 4 -2023 - 2024 Legislature LRB-4370/1
FFK:amn
SECTION 4 ASSEMBLY BILL 534
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.
SECTION 5. 118.19 (1c) (b) (intro.) of the statutes is amended to read:
118.19 (1c) (b) (intro.) 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, in a private school participating in a parental choice program under
s. 118.60 or 119.23 that operates only high school grades, or in a private school
participating in the program under s. 115.7915 that operates only high school grades
without a license or permit from the department if the faculty member satisfies all
of the following:
SECTION 6. 118.19 (3) (a) of the statutes is amended to read:
118.19 (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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 5 -2023 - 2024 Legislature
LRB-4370/1
FFK:amn
SECTION 6
ASSEMBLY BILL 534
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.
SECTION 7. 118.19 (3) (b) of the statutes is amended to read:
118.19 (3) (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 A school district, the governing body of a private school participating
in a parental choice program under s. 118.60 or 119.23, or the governing body of a
private school participating in the program under s. 115.7915 may not assign
individuals certified under this paragraph to teach courses other than Wisconsin
native American languages and culture, unless they qualify under par. (a).
SECTION 8. 118.19 (10) (b) 1. of the statutes is amended to read:
118.19 (10) (b) 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 - 6 -2023 - 2024 Legislature LRB-4370/1
FFK:amn
SECTION 8 ASSEMBLY BILL 534
pupil services professional, and for a faculty member seeking to teach in a public high
school without a license or permit.
SECTION 9. 118.191 (2) (a) of the statutes is amended to read:
118.191 (2) (a) Notwithstanding s. 118.19 (7) to (9), the department shall grant
an initial teaching license to teach a technical education subject to an individual who
is eligible for licensure under s. 118.19 (4) and (10), who scores at least 100 points on
the point system under sub. (5), of which at least 25 points are from sub. (5) (a) 1. and
at least 25 points are from sub. (5) (a) 2., and who agrees to complete during the term
of the license a curriculum determined by the school board of the school district, by
the governing body of the private school participating in a parental choice program
under s. 118.60 or 119.23, or by the governing body of the private school participating
in the program under s. 115.7915 in which the individual will teach.
SECTION 10. 118.191 (2) (b) of the statutes is amended to read:
118.191 (2) (b) Notwithstanding s. 118.19 (7) to (9), the department shall grant
an initial teaching license to teach a vocational education subject to an individual
who is eligible for licensure under s. 118.19 (4) and (10), who scores at least 100 points
on the point system under sub. (5m), of which at least 25 points are from sub. (5m)
(a) 1. and at least 25 points are from sub. (5m) (a) 2., and who agrees to complete
during the term of the license a curriculum determined by the school board of the
school district, by the governing body of the private school participating in a parental
choice program under s. 118.60 or 119.23, or by the governing body of the private
school participating in the program under s. 115.7915 in which the individual will
teach.
SECTION 11. 118.191 (2m) of the statutes is amended to read:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 - 7 -2023 - 2024 Legislature
LRB-4370/1
FFK:amn
SECTION 11
ASSEMBLY BILL 534
118.191 (2m) An initial teaching license issued under sub. (2) authorizes an
individual to teach only in the school district controlled by the school board, or in the
private school controlled by the governing body, that determined the curriculum the
individual agreed to complete in order to qualify for the initial teaching license.
SECTION 12. 118.191 (3) of the statutes is amended to read:
118.191 (3) An initial teaching license issued under sub. (2) is valid for 3 years.
An initial teaching license issued under sub. (2) is void if the license holder ceases
to be employed as a teacher in the school district or private school in which the license
holder is authorized to teach under sub. (2m).
SECTION 13. 118.191 (4) of the statutes is amended to read:
118.191 (4) Upon the expiration of the 3-year term of an initial teaching license
issued under sub. (2), the department shall issue to the license holder a professional
teaching license to teach the technical education subject or vocational education
subject if the individual successfully completed the curriculum that the individual
agreed to under sub. (2), as determined by the school board of the school district, by
the governing body of the private school participating in a parental choice program
under s. 118.60 or 119.23, or by the governing body of the private school participating
in the program under s. 115.7915 that established the curriculum. The department
shall indicate on a professional teaching license issued under this subsection that the
license was obtained under the experience-based licensure program under this
section.
SECTION 14. 118.192 (4) of the statutes is amended to read:
118.192 (4) A school board or private school participating in a parental choice
program under s. 118.60 or 119.23 that employs a person who holds a professional
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 - 8 -2023 - 2024 Legislature LRB-4370/1
FFK:amn
SECTION 14 ASSEMBLY BILL 534
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.
SECTION 15. 118.60 (2) (a) 6. a. of the statutes is amended to read:
118.60 (2) (a) 6. a. Except as provided in subd. 6. c. and d., all of the private
school's teachers have a teaching license issued by the department or a bachelor's
degree or a degree or educational credential higher than a bachelor's degree,
including a masters master's or doctorate, from a nationally or regionally accredited
institution of higher education. This subd. 6. a. does not apply after June 30, 2025.
SECTION 16. 118.60 (2) (a) 6. b. of the statutes is amended to read:
118.60 (2) (a) 6. b. All of the private school's administrators have at least a
bachelor's degree from a nationally or regionally accredited institution of higher
education or a teaching license or administrator's license issued by the department.
This subd. 6. b. does not apply after June 30, 2025.
SECTION 17. 118.60 (2) (a) 6m. of the statutes is created to read:
118.60 (2) (a) 6m. a. Except as provided in subd. 6m. c., beginning on July 1,
2025, all of the private school's teachers have a teaching license or permit issued by
the department.
b. Except as provided in subd. 6m. c., beginning on July 1, 2025, all of the
private school's administrators have an administrator's license issued by the
department.
c. Any teacher or administrator employed by the private school on July 1, 2025,
who has been teaching or employed as an administrator for at least the 5 consecutive
years immediately preceding July 1, 2025, and who does not satisfy the requirements
under subd. 6m. a. or b. on July 1, 2025, applies to the department on a form prepared
by the department for a temporary, nonrenewable waiver from the requirements
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 9 -2023 - 2024 Legislature
LRB-4370/1
FFK:amn
SECTION 17
ASSEMBLY BILL 534
under subd. 6m. a. or b. The department shall promulgate rules to implement this
subd. 6m. c., including the form of the application and the process by which the
waiver application will be reviewed. The application form shall require the applicant
to submit a plan for satisfying the requirements under subd. 6m. a. or b. No waiver
granted under this subd. 6m. c. is valid after July 1, 2030.
SECTION 18. 118.60 (2) (c) 3. of the statutes is created to read:
118.60 (2) (c) 3. Notwithstanding par. (a) 6m., a teacher employed by a private
school participating in the program under this section who teaches only courses in
rabbinical studies is not required to hold a license or permit to teach issued by the
department.
SECTION 19. 118.60 (2) (c) 4. of the statutes is created to read:
118.60 (2) (c) 4. Notwithstanding par. (a) 6m., an administrator of a private
school participating in the program under this section that prepares and trains
pupils attending the school in rabbinical studies is not required to hold an
administrator's license issued by the department.
SECTION 20. 119.23 (2) (a) 6. a. of the statutes is amended to read:
119.23 (2) (a) 6. a. Except as provided in subd. 6. c., all of the private school's
teachers have a teaching license issued by the department or a bachelor's degree or
a degree or educational credential higher than a bachelor's degree, including a
masters master's or doctorate, from a nationally or regionally accredited institution
of higher education. This subd. 6. a. does not apply after June 30, 2025.
SECTION 21. 119.23 (2) (a) 6. b. of the statutes is amended to read:
119.23 (2) (a) 6. b. All of the private school's administrators have at least a
bachelor's degree from a nationally or regionally accredited institution of higher
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 - 10 -2023 - 2024 Legislature LRB-4370/1
FFK:amn
SECTION 21 ASSEMBLY BILL 534
education or a teaching license or administrator's license issued by the department.
This subd. 6. b. does not apply after June 30, 2025.
SECTION 22. 119.23 (2) (a) 6m. of the statutes is created to read:
119.23 (2) (a) 6m. a. Except as provided in subd. 6m. c., beginning on July 1,
2025, all of the private school's teachers have a teaching license or permit issued by
the department.
b. Except as provided in subd. 6m. c., beginning on July 1, 2025, all of the
private school's administrators have an administrator's license issued by the
department.
c. Any teacher or administrator employed by the private school on July 1, 2025,
who has been teaching or employed as an administrator for at least the 5 consecutive
years immediately preceding July 1, 2025, and who does not satisfy the requirements
under subd. 6m. a. or b. on July 1, 2025, applies to the department on a form prepared
by the department for a temporary, nonrenewable waiver from the requirements
under subd. 6m. a. or b. The department shall promulgate rules to implement this
subd. 6m. c., including the form of the application and the process by which the
waiver application will be reviewed. The application form shall require the applicant
to submit a plan for satisfying the requirements under subd. 6m. a. or b. No waiver
granted under this subd. 6m. c. is valid after July 1, 2030.
SECTION 23. 119.23 (2) (c) 3. of the statutes is created to read:
119.23 (2) (c) 3. Notwithstanding par. (a) 6m., a teacher employed by a private
school participating in the program under this section who teaches only courses in
rabbinical studies is not required to hold a license or permit to teach issued by the
department.
SECTION 24. 119.23 (2) (c) 4. of the statutes is created to read:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 11 -2023 - 2024 Legislature
LRB-4370/1
FFK:amn
SECTION 24
ASSEMBLY BILL 534
119.23 (2) (c) 4. Notwithstanding par. (a) 6m., an administrator of a private
school participating in the program under this section that prepares and trains
pupils attending the school in rabbinical studies is not required to hold an
administrator's license issued by the department.
SECTION 25.0Effective dates. This act takes effect on the day after publication,
except as follows:
(1) TEACHER LICENSURE IN CERTAIN PRIVATE SCHOOLS. The treatment of s. 118.19
(1), (1b), (1c) (b) (intro.), and (3) (b) takes effect on July 1, 2025.
(END)
1
2
3
4
5
6
7
8
9