Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB534 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 534
5	5	October 18, 2023 - Introduced by Representatives SHELTON, MYERS, C. ANDERSON,
6	6	ANDRACA, MADISON, J. ANDERSON, BALDEH, CLANCY, JOERS, NEUBAUER, RATCLIFF,
7	7	SINICKI and SUBECK, cosponsored by Senators LARSON, SMITH, ROYS,
8	8	HESSELBEIN, AGARD, SPREITZER and CARPENTER. Referred to Committee on
9	9	Regulatory Licensing Reform.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 115.28 (7) (b), 118.19 (1), 118.19 (1b), 118.19 (1c) (b) (intro.),
12	12	118.19 (3) (a), 118.19 (3) (b), 118.19 (10) (b) 1., 118.191 (2) (a), 118.191 (2) (b),
13	13	118.191 (2m), 118.191 (3), 118.191 (4), 118.192 (4), 118.60 (2) (a) 6. a., 118.60 (2)
14	14	(a) 6. b., 119.23 (2) (a) 6. a. and 119.23 (2) (a) 6. b.; and to create 115.7915 (2)
15	15	(i), 118.60 (2) (a) 6m., 118.60 (2) (c) 3., 118.60 (2) (c) 4., 119.23 (2) (a) 6m., 119.23
16	16	(2) (c) 3. and 119.23 (2) (c) 4. of the statutes; relating to: teacher and
17	17	administrator licensure in parental choice programs and in the Special Needs
18	18	Scholarship Program and granting rule-making authority.
19	19	Analysis by the Legislative Reference Bureau
20	20	With certain exceptions, this bill requires that, beginning on July 1, 2025,
21	21	teachers and administrators at private schools participating in a parental choice
22	22	program or in the Special Needs Scholarship Program must hold a license or permit
23	23	issued by the Department of Public Instruction. Under current law, teachers and
24	24	administrators at choice schools must have at least a bachelor's degree from a
25	25	nationally or regionally accredited institution of higher education, but they are not
26	26	required to be licensed by DPI. There are no current law requirements regarding who
27	27	may teach or be employed as an administrator at SNSP schools.
28	28	The bill provides an exception for a teacher who teaches only courses in
29	29	rabbinical studies and for an administrator at a private school that prepares and
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39	39	ASSEMBLY BILL 534
40	40	trains pupils attending the private school in rabbinical studies. In addition, the bill
41	41	provides a grace period for a teacher or administrator who has been teaching or
42	42	employed as an administrator for at least the five consecutive years immediately
43	43	preceding July 1, 2025, which allows the teacher or administrator to apply for a
44	44	temporary, nonrenewable waiver of the licensure requirement. An applicant for a
45	45	waiver must submit a plan for becoming licensed as required under the bill.
46	46	For further information see the state fiscal estimate, which will be printed as
47	47	an appendix to this bill.
48	48	The people of the state of Wisconsin, represented in senate and assembly, do
49	49	enact as follows:
50	50	SECTION 1. 115.28 (7) (b) of the statutes is amended to read:
51	51	115.28 (7) (b) Subject to the same rules and laws concerning qualifications of
52	52	applicants and granting and revocation of licenses or certificates under par. (a), the
53	53	state superintendent shall grant certificates and licenses to teachers in private
54	54	schools and tribal schools, except that teaching experience requirements for such
55	55	certificates and licenses may be fulfilled by teaching experience in public, private,
56	56	or tribal schools. An applicant is not eligible for a license or certificate unless the
57	57	state superintendent finds that the private school or tribal school in which the
58	58	applicant taught offered an adequate educational program during the period of the
59	59	applicant's teaching therein. Private Except as provided under ss. 115.7915 (2) (i),
60	60	118.60 (2) (a) 6m., and 119.23 (2) (a) 6m., private schools are not obligated to employ
61	61	only licensed or certified teachers.
62	62	SECTION 2. 115.7915 (2) (i) of the statutes is created to read:
63	63	115.7915 (2) (i) 1. Except as provided in subd. 3., beginning on July 1, 2025, all
64	64	of the eligible school's teachers have a teaching license or permit issued by the
65	65	department, except that a teacher employed by the eligible school who teaches only
66	66	courses in rabbinical studies is not required to hold a license or permit to teach issued
67	67	by the department.
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88	88	SECTION 2
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90	90	2. Except as provided in subd. 3., beginning on July 1, 2025, all of the eligible
91	91	school's administrators have an administrator's license issued by the department.
92	92	3. Any teacher or administrator employed by the eligible school on July 1, 2025,
93	93	who has been teaching or employed as an administrator for at least the 5 consecutive
94	94	years immediately preceding July 1, 2025, and who does not satisfy the requirements
95	95	under subd. 1. or 2. on July 1, 2025, applies to the department on a form prepared
96	96	by the department for a temporary, nonrenewable waiver from the requirements
97	97	under subd. 1. or 2. The department shall promulgate rules to implement this
98	98	subdivision, including the form of the application and the process by which the
99	99	waiver application will be reviewed. The application form shall require the applicant
100	100	to submit a plan for satisfying the requirements under subd. 1. No waiver granted
101	101	under this subdivision is valid after July 1, 2030.
102	102	SECTION 3. 118.19 (1) of the statutes is amended to read:
103	103	118.19 (1) Except as provided in subs. (1b) and (1c) and s. 118.40 (8) (b) 1. and
104	104	2., any person seeking to teach in a public school, including a charter school, or in a
105	105	school or institution operated by a county or the state, in a private school
106	106	participating in a parental choice program under s. 118.60 or 119.23, or in a private
107	107	school participating in the program under s. 115.7915 shall first procure a license or
108	108	permit from the department.
109	109	SECTION 4. 118.19 (1b) of the statutes is amended to read:
110	110	118.19 (1b) An individual may teach an online course in a subject and level in
111	111	a public school, including a charter school, in a private school participating in a
112	112	parental choice program under s. 118.60 or 119.23, or in a private school
113	113	participating in the program under s. 115.7915 without a license or permit from the
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139	139	SECTION 4 ASSEMBLY BILL 534
140	140	department if the individual holds a valid license or permit to teach the subject and
141	141	level in the state from which the online course is provided.
142	142	SECTION 5. 118.19 (1c) (b) (intro.) of the statutes is amended to read:
143	143	118.19 (1c) (b) (intro.) A faculty member of an institution of higher education
144	144	may teach in a public high school, including a charter school that operates only high
145	145	school grades, in a private school participating in a parental choice program under
146	146	s. 118.60 or 119.23 that operates only high school grades, or in a private school
147	147	participating in the program under s. 115.7915 that operates only high school grades
148	148	without a license or permit from the department if the faculty member satisfies all
149	149	of the following:
150	150	SECTION 6. 118.19 (3) (a) of the statutes is amended to read:
151	151	118.19 (3) (a) No license to teach in any public school may be issued unless the
152	152	applicant possesses a bachelor's degree including such professional training as the
153	153	department by rule requires, except as permitted under par. (b) and ss. 115.28 (17)
154	154	(a), 118.191, 118.1915, 118.192, 118.193, 118.194, and 118.197. Notwithstanding s.
155	155	36.11 (16), no teacher preparatory program in this state may be approved by the state
156	156	superintendent under s. 115.28 (7) (a), unless each student in the program is
157	157	required to complete student teaching consisting of full days for a full semester
158	158	following the daily schedule and semester calendar of the cooperating school or the
159	159	equivalent, as determined by the state superintendent. No license to teach in any
160	160	public school may be granted to an applicant who completed a professional training
161	161	program outside this state unless the applicant completed student teaching
162	162	consisting of full days for a full semester following the daily schedule and semester
163	163	calendar of the cooperating school or the equivalent, as determined by the state
164	164	superintendent. The state superintendent may grant exceptions to the student
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190	190	LRB-4370/1
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192	192	SECTION 6
193	193	ASSEMBLY BILL 534
194	194	teaching requirements under this paragraph when the midyear calendars of the
195	195	institution offering the teacher preparatory program and the cooperating school
196	196	differ from each other and would prevent students from attending classes at the
197	197	institution in accordance with the institution's calendar. The state superintendent
198	198	shall promulgate rules to implement this subsection. If for the purpose of granting
199	199	a license to teach or for approving a teacher preparatory program the state
200	200	superintendent requires that an institution of higher education be accredited, the
201	201	state superintendent shall accept accreditation by a regional or national
202	202	institutional accrediting agency recognized by the U.S. department of education or
203	203	by a programmatic accrediting organization.
204	204	SECTION 7. 118.19 (3) (b) of the statutes is amended to read:
205	205	118.19 (3) (b) The state superintendent shall permanently certify any
206	206	applicant to teach Wisconsin native American languages and culture who has
207	207	successfully completed the university of Wisconsin-Milwaukee school of education
208	208	approved Wisconsin native American languages and culture project certification
209	209	program at any time between January 1, 1974, and December 31, 1977. School
210	210	districts shall A school district, the governing body of a private school participating
211	211	in a parental choice program under s. 118.60 or 119.23, or the governing body of a
212	212	private school participating in the program under s. 115.7915 may not assign
213	213	individuals certified under this paragraph to teach courses other than Wisconsin
214	214	native American languages and culture, unless they qualify under par. (a).
215	215	SECTION 8. 118.19 (10) (b) 1. of the statutes is amended to read:
216	216	118.19 (10) (b) 1. Conduct a background investigation of each applicant for
217	217	issuance or renewal of a license or permit, including a license or permit issued to a
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243	243	SECTION 8 ASSEMBLY BILL 534
244	244	pupil services professional, and for a faculty member seeking to teach in a public high
245	245	school without a license or permit.
246	246	SECTION 9. 118.191 (2) (a) of the statutes is amended to read:
247	247	118.191 (2) (a) Notwithstanding s. 118.19 (7) to (9), the department shall grant
248	248	an initial teaching license to teach a technical education subject to an individual who
249	249	is eligible for licensure under s. 118.19 (4) and (10), who scores at least 100 points on
250	250	the point system under sub. (5), of which at least 25 points are from sub. (5) (a) 1. and
251	251	at least 25 points are from sub. (5) (a) 2., and who agrees to complete during the term
252	252	of the license a curriculum determined by the school board of the school district, by
253	253	the governing body of the private school participating in a parental choice program
254	254	under s. 118.60 or 119.23, or by the governing body of the private school participating
255	255	in the program under s. 115.7915 in which the individual will teach.
256	256	SECTION 10. 118.191 (2) (b) of the statutes is amended to read:
257	257	118.191 (2) (b) Notwithstanding s. 118.19 (7) to (9), the department shall grant
258	258	an initial teaching license to teach a vocational education subject to an individual
259	259	who is eligible for licensure under s. 118.19 (4) and (10), who scores at least 100 points
260	260	on the point system under sub. (5m), of which at least 25 points are from sub. (5m)
261	261	(a) 1. and at least 25 points are from sub. (5m) (a) 2., and who agrees to complete
262	262	during the term of the license a curriculum determined by the school board of the
263	263	school district, by the governing body of the private school participating in a parental
264	264	choice program under s. 118.60 or 119.23, or by the governing body of the private
265	265	school participating in the program under s. 115.7915 in which the individual will
266	266	teach.
267	267	SECTION 11. 118.191 (2m) of the statutes is amended to read:
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294	294	SECTION 11
295	295	ASSEMBLY BILL 534
296	296	118.191 (2m) An initial teaching license issued under sub. (2) authorizes an
297	297	individual to teach only in the school district controlled by the school board, or in the
298	298	private school controlled by the governing body, that determined the curriculum the
299	299	individual agreed to complete in order to qualify for the initial teaching license.
300	300	SECTION 12. 118.191 (3) of the statutes is amended to read:
301	301	118.191 (3) An initial teaching license issued under sub. (2) is valid for 3 years.
302	302	An initial teaching license issued under sub. (2) is void if the license holder ceases
303	303	to be employed as a teacher in the school district or private school in which the license
304	304	holder is authorized to teach under sub. (2m).
305	305	SECTION 13. 118.191 (4) of the statutes is amended to read:
306	306	118.191 (4) Upon the expiration of the 3-year term of an initial teaching license
307	307	issued under sub. (2), the department shall issue to the license holder a professional
308	308	teaching license to teach the technical education subject or vocational education
309	309	subject if the individual successfully completed the curriculum that the individual
310	310	agreed to under sub. (2), as determined by the school board of the school district, by
311	311	the governing body of the private school participating in a parental choice program
312	312	under s. 118.60 or 119.23, or by the governing body of the private school participating
313	313	in the program under s. 115.7915 that established the curriculum. The department
314	314	shall indicate on a professional teaching license issued under this subsection that the
315	315	license was obtained under the experience-based licensure program under this
316	316	section.
317	317	SECTION 14. 118.192 (4) of the statutes is amended to read:
318	318	118.192 (4) A school board or private school participating in a parental choice
319	319	program under s. 118.60 or 119.23 that employs a person who holds a professional
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345	345	SECTION 14 ASSEMBLY BILL 534
346	346	teaching permit shall ensure that no regularly licensed teacher is removed from his
347	347	or her position as a result of the employment of persons holding permits.
348	348	SECTION 15. 118.60 (2) (a) 6. a. of the statutes is amended to read:
349	349	118.60 (2) (a) 6. a. Except as provided in subd. 6. c. and d., all of the private
350	350	school's teachers have a teaching license issued by the department or a bachelor's
351	351	degree or a degree or educational credential higher than a bachelor's degree,
352	352	including a masters master's or doctorate, from a nationally or regionally accredited
353	353	institution of higher education. This subd. 6. a. does not apply after June 30, 2025.
354	354	SECTION 16. 118.60 (2) (a) 6. b. of the statutes is amended to read:
355	355	118.60 (2) (a) 6. b. All of the private school's administrators have at least a
356	356	bachelor's degree from a nationally or regionally accredited institution of higher
357	357	education or a teaching license or administrator's license issued by the department.
358	358	This subd. 6. b. does not apply after June 30, 2025.
359	359	SECTION 17. 118.60 (2) (a) 6m. of the statutes is created to read:
360	360	118.60 (2) (a) 6m. a. Except as provided in subd. 6m. c., beginning on July 1,
361	361	2025, all of the private school's teachers have a teaching license or permit issued by
362	362	the department.
363	363	b. Except as provided in subd. 6m. c., beginning on July 1, 2025, all of the
364	364	private school's administrators have an administrator's license issued by the
365	365	department.
366	366	c. Any teacher or administrator employed by the private school on July 1, 2025,
367	367	who has been teaching or employed as an administrator for at least the 5 consecutive
368	368	years immediately preceding July 1, 2025, and who does not satisfy the requirements
369	369	under subd. 6m. a. or b. on July 1, 2025, applies to the department on a form prepared
370	370	by the department for a temporary, nonrenewable waiver from the requirements
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398	398	SECTION 17
399	399	ASSEMBLY BILL 534
400	400	under subd. 6m. a. or b. The department shall promulgate rules to implement this
401	401	subd. 6m. c., including the form of the application and the process by which the
402	402	waiver application will be reviewed. The application form shall require the applicant
403	403	to submit a plan for satisfying the requirements under subd. 6m. a. or b. No waiver
404	404	granted under this subd. 6m. c. is valid after July 1, 2030.
405	405	SECTION 18. 118.60 (2) (c) 3. of the statutes is created to read:
406	406	118.60 (2) (c) 3. Notwithstanding par. (a) 6m., a teacher employed by a private
407	407	school participating in the program under this section who teaches only courses in
408	408	rabbinical studies is not required to hold a license or permit to teach issued by the
409	409	department.
410	410	SECTION 19. 118.60 (2) (c) 4. of the statutes is created to read:
411	411	118.60 (2) (c) 4. Notwithstanding par. (a) 6m., an administrator of a private
412	412	school participating in the program under this section that prepares and trains
413	413	pupils attending the school in rabbinical studies is not required to hold an
414	414	administrator's license issued by the department.
415	415	SECTION 20. 119.23 (2) (a) 6. a. of the statutes is amended to read:
416	416	119.23 (2) (a) 6. a. Except as provided in subd. 6. c., all of the private school's
417	417	teachers have a teaching license issued by the department or a bachelor's degree or
418	418	a degree or educational credential higher than a bachelor's degree, including a
419	419	masters master's or doctorate, from a nationally or regionally accredited institution
420	420	of higher education. This subd. 6. a. does not apply after June 30, 2025.
421	421	SECTION 21. 119.23 (2) (a) 6. b. of the statutes is amended to read:
422	422	119.23 (2) (a) 6. b. All of the private school's administrators have at least a
423	423	bachelor's degree from a nationally or regionally accredited institution of higher
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449	449	SECTION 21 ASSEMBLY BILL 534
450	450	education or a teaching license or administrator's license issued by the department.
451	451	This subd. 6. b. does not apply after June 30, 2025.
452	452	SECTION 22. 119.23 (2) (a) 6m. of the statutes is created to read:
453	453	119.23 (2) (a) 6m. a. Except as provided in subd. 6m. c., beginning on July 1,
454	454	2025, all of the private school's teachers have a teaching license or permit issued by
455	455	the department.
456	456	b. Except as provided in subd. 6m. c., beginning on July 1, 2025, all of the
457	457	private school's administrators have an administrator's license issued by the
458	458	department.
459	459	c. Any teacher or administrator employed by the private school on July 1, 2025,
460	460	who has been teaching or employed as an administrator for at least the 5 consecutive
461	461	years immediately preceding July 1, 2025, and who does not satisfy the requirements
462	462	under subd. 6m. a. or b. on July 1, 2025, applies to the department on a form prepared
463	463	by the department for a temporary, nonrenewable waiver from the requirements
464	464	under subd. 6m. a. or b. The department shall promulgate rules to implement this
465	465	subd. 6m. c., including the form of the application and the process by which the
466	466	waiver application will be reviewed. The application form shall require the applicant
467	467	to submit a plan for satisfying the requirements under subd. 6m. a. or b. No waiver
468	468	granted under this subd. 6m. c. is valid after July 1, 2030.
469	469	SECTION 23. 119.23 (2) (c) 3. of the statutes is created to read:
470	470	119.23 (2) (c) 3. Notwithstanding par. (a) 6m., a teacher employed by a private
471	471	school participating in the program under this section who teaches only courses in
472	472	rabbinical studies is not required to hold a license or permit to teach issued by the
473	473	department.
474	474	SECTION 24. 119.23 (2) (c) 4. of the statutes is created to read:
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502	502	SECTION 24
503	503	ASSEMBLY BILL 534
504	504	119.23 (2) (c) 4. Notwithstanding par. (a) 6m., an administrator of a private
505	505	school participating in the program under this section that prepares and trains
506	506	pupils attending the school in rabbinical studies is not required to hold an
507	507	administrator's license issued by the department.
508	508	SECTION 25.0Effective dates. This act takes effect on the day after publication,
509	509	except as follows:
510	510	(1) TEACHER LICENSURE IN CERTAIN PRIVATE SCHOOLS. The treatment of s. 118.19
511	511	(1), (1b), (1c) (b) (intro.), and (3) (b) takes effect on July 1, 2025.
512	512	(END)
513	513	1
514	514	2
515	515	3
516	516	4
517	517	5
518	518	6
519	519	7
520	520	8
521	521	9