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2023 - 2024 LEGISLATURE
2023 SENATE BILL 494
October 16, 2023 - Introduced by Senators LARSON, AGARD, ROYS, L. JOHNSON,
SMITH, HESSELBEIN, SPREITZER, CARPENTER and PFAFF, cosponsored by
Representatives SHELTON, CLANCY, HONG, JACOBSON, MYERS, SHANKLAND,
BARE, CABRERA, JOERS, CONLEY, EMERSON, PALMERI, RATCLIFF, SINICKI,
SNODGRASS, SUBECK, STUBBS, MOORE OMOKUNDE, MADISON, J. ANDERSON and
NEUBAUER. Referred to Committee on Education.
AN ACT to renumber 120.01; to amend 117.105 (4m) (e) 1. a., 117.17 (1) (a),
119.08 (title), 119.08 (3), 119.10 (3), 120.01 (title), 120.11 (2) (a), 120.11 (2) (b),
120.11 (2) (c) and 120.13 (32); and to create 119.08 (1m), 120.01 (2m), 120.065
and 120.41 (3) of the statutes; relating to: adding a teacher representative to
school boards.
Analysis by the Legislative Reference Bureau
Under this bill, each school board must, in addition to its regular elected
members, have one teacher representative who is not a member and does not vote
at school board meetings but who is entitled to attend all school board meetings. The
bill provides that the teacher representative to a school board must be an employee
of the school district who is employed in a teaching role. The teacher representative
is selected by the employees of the school district who are employed in teaching roles
by secret ballot held no later than the spring election, which is the election at which
school board members are elected. The bill directs each school district clerk to
establish the timelines and procedures for providing notice of and conducting the
secret ballot and for notifying interested persons regarding the result of the secret
ballot.
The bill provides that a teacher representative takes office on the same date
that school board members take office, which is the fourth Monday in April. The
regular term of a teacher representative is three years, except that, in a first class
city school district (currently, only Milwaukee Public Schools), the term of a teacher
representative is four years.
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SENATE BILL 494
For further information see the local 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. 117.105 (4m) (e) 1. a. of the statutes is amended to read:
117.105 (4m) (e) 1. a. The number of school board members under s. 120.01
(1m) or 120.41.
SECTION 2. 117.17 (1) (a) of the statutes is amended to read:
117.17 (1) (a) Every order of school district reorganization under s. 117.08,
117.09, or 117.105 that creates a new school district shall state the school districts
which that are dissolved or from which territory is detached to create the new school
district, name the new school district, state the type of school district and the grades
to be taught by the new school district pursuant to s. 115.01 (2), (3), and (5), designate
the number of school board members under s. 120.01 (1m) or 120.41, designate the
terms of initial members of the school board under s. 120.02 (3) (a), designate the
method of election of school board members under s. 120.06 or 120.42, direct the
election of school board members under s. 120.06 or 120.42, insofar as applicable,
designate the date of the first election of school board members, as provided under
s. 117.22 (2) (b), and fix the time and place for the first annual meeting of the new
school district, if one is to be held. The secretary of the board shall give notice of the
first annual meeting, if one is to be held, under s. 120.08 (1) (c), and shall designate
a person to act as temporary chairperson of the annual meeting until a chairperson
is elected.
SECTION 3. 119.08 (title) of the statutes is amended to read:
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SECTION 3
SENATE BILL 494
119.08 (title) Election of board members; nonvoting teacher
representative.
SECTION 4. 119.08 (1m) of the statutes is created to read:
119.08 (1m) In addition to the members under sub. (1) (a), the board shall have
one teacher representative selected as provided under s. 120.065. The teacher
representative is not a member of the board and does not vote. The teacher
representative is entitled to attend all board meetings, including any meeting
convened in closed session under s. 19.85 (1).
SECTION 5. 119.08 (3) of the statutes is amended to read:
119.08 (3) The regular terms of board members shall be 4 years.
Notwithstanding s. 120.065 (4), the regular term of the teacher representative shall
be 4 years.
SECTION 6. 119.10 (3) of the statutes is amended to read:
119.10 (3) The board shall hold a regular meeting at least once each month at
times fixed and published by the board in its rules. If a regular board meeting falls
on a legal holiday, it shall be held on the next business day. Special meetings may
be called and held as provided by the rules of the board. No business may be
transacted at a special meeting other than that specified in the notice of the meeting,
which shall be delivered personally or by mail to each member and the teacher
representative at least 24 hours before the time of such meeting.
SECTION 7. 120.01 (title) of the statutes is amended to read:
120.01 (title) Number of school board members; nonvoting teacher
representative.
SECTION 8. 120.01 of the statutes is renumbered 120.01 (1m).
SECTION 9. 120.01 (2m) of the statutes is created to read:
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SECTION 9 SENATE BILL 494
120.01 (2m) In addition to the members under sub. (1m), a school board of a
common or union high school district shall have one teacher representative selected
under s. 120.065. The teacher representative is not a member of the school board and
does not vote. The teacher representative is entitled to attend all school board
meetings, including any meeting convened in closed session under s. 19.85 (1).
SECTION 10. 120.065 of the statutes is created to read:
120.065 Selection of teacher representative. In a common or union high
school district, the teacher representative to the school board shall be selected as
follows:
(1) No later than the spring election, the teacher representative shall be
selected by the employees of the school district who are employed in teaching roles
by secret ballot.
(2) The teacher representative shall be an employee of the school district who
is employed in a teaching role.
(3) At least 30 days before a secret ballot is held under sub. (1), the school
district clerk shall inform all school district employees who are eligible to serve as
the teacher representative of the date of the secret ballot and shall solicit the names
of candidates for the position. The school district clerk shall establish the timelines
and procedures for providing notice of and conducting the secret ballot and for
notifying interested persons regarding the result of the secret ballot.
(4) The regular term of the teacher representative shall be for 3 years. A
teacher representative selected for a regular or unexpired term shall take office on
the 4th Monday in April. The selection process to fill an unexpired term shall be held
in the same manner as the selection of a teacher representative under a regular term.
SECTION 11. 120.11 (2) (a) of the statutes is amended to read:
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SECTION 11
SENATE BILL 494
120.11 (2) (a) The school board shall hold a special school board meeting upon
the written request of a school board member filed with the school district clerk or,
in the school district clerk's absence, the school district president. The school district
clerk or, in the school district clerk's absence, the president shall fix a reasonable
date, time, and place for the meeting. Except as provided under pars. (b) and (c), the
school district clerk or, in the school district clerk's absence, the president shall notify
each school board member and the teacher representative of the date, time, and place
of the meeting at least 24 hours before the meeting. Except as provided under pars.
(b) and (c), the school district clerk or, in the school district clerk's absence, the
president shall give the notice to each school board member and the teacher
representative in a manner likely to give the school board member or teacher
representative notice of the meeting.
SECTION 12. 120.11 (2) (b) of the statutes is amended to read:
120.11 (2) (b) If the school district clerk or, in the school district clerk's absence,
the school district president determines that providing notice at least 24 hours before
a special school board meeting under par. (a) is, for good cause shown by the school
district clerk or president, impossible or impractical, the school district clerk or
president may notify each school board member and the teacher representative of the
date, time, and place of the meeting less than 24 hours, but not less than 2 hours,
before the meeting.
SECTION 13. 120.11 (2) (c) of the statutes is amended to read:
120.11 (2) (c) The school board may hold a special school board meeting under
par. (a) without prior notice if all school board members and the teacher
representative are present and consent or if every school board member and the
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SECTION 13 SENATE BILL 494
teacher representative consents in writing even though the school board member or
teacher representative does not attend.
SECTION 14. 120.13 (32) of the statutes is amended to read:
120.13 (32) SCHOOL BOARD ORIENTATION. Provide for the orientation and
continuing education of school board members, the teacher representative, and
persons who have been elected to the school board but have not yet taken office in
the general duties and responsibilities of the school board and the school district, and
pay for the actual and necessary expenses incurred.
SECTION 15. 120.41 (3) of the statutes is created to read:
120.41 (3) In addition to the members under sub. (1) or (2), a school board of
a unified school district shall have one teacher representative selected under s.
120.065. The teacher representative is not a member of the school board and does
not vote. The teacher representative is entitled to attend all school board meetings,
including any meeting convened in closed session under s. 19.85 (1).
(END)
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