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Wisconsin Senate Bill SB494

Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB494 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 SENATE BILL 494
55 October 16, 2023 - Introduced by Senators LARSON, AGARD, ROYS, L. JOHNSON,
66 SMITH, HESSELBEIN, SPREITZER, CARPENTER and PFAFF, cosponsored by
77 Representatives SHELTON, CLANCY, HONG, JACOBSON, MYERS, SHANKLAND,
88 BARE, CABRERA, JOERS, CONLEY, EMERSON, PALMERI, RATCLIFF, SINICKI,
99 SNODGRASS, SUBECK, STUBBS, MOORE OMOKUNDE, MADISON, J. ANDERSON and
1010 NEUBAUER. Referred to Committee on Education.
1111 AN ACT to renumber 120.01; to amend 117.105 (4m) (e) 1. a., 117.17 (1) (a),
1212 119.08 (title), 119.08 (3), 119.10 (3), 120.01 (title), 120.11 (2) (a), 120.11 (2) (b),
1313 120.11 (2) (c) and 120.13 (32); and to create 119.08 (1m), 120.01 (2m), 120.065
1414 and 120.41 (3) of the statutes; relating to: adding a teacher representative to
1515 school boards.
1616 Analysis by the Legislative Reference Bureau
1717 Under this bill, each school board must, in addition to its regular elected
1818 members, have one teacher representative who is not a member and does not vote
1919 at school board meetings but who is entitled to attend all school board meetings. The
2020 bill provides that the teacher representative to a school board must be an employee
2121 of the school district who is employed in a teaching role. The teacher representative
2222 is selected by the employees of the school district who are employed in teaching roles
2323 by secret ballot held no later than the spring election, which is the election at which
2424 school board members are elected. The bill directs each school district clerk to
2525 establish the timelines and procedures for providing notice of and conducting the
2626 secret ballot and for notifying interested persons regarding the result of the secret
2727 ballot.
2828 The bill provides that a teacher representative takes office on the same date
2929 that school board members take office, which is the fourth Monday in April. The
3030 regular term of a teacher representative is three years, except that, in a first class
3131 city school district (currently, only Milwaukee Public Schools), the term of a teacher
3232 representative is four years.
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3939 SENATE BILL 494
4040 For further information see the local fiscal estimate, which will be printed as
4141 an appendix to this bill.
4242 The people of the state of Wisconsin, represented in senate and assembly, do
4343 enact as follows:
4444 SECTION 1. 117.105 (4m) (e) 1. a. of the statutes is amended to read:
4545 117.105 (4m) (e) 1. a. The number of school board members under s. 120.01
4646 (1m) or 120.41.
4747 SECTION 2. 117.17 (1) (a) of the statutes is amended to read:
4848 117.17 (1) (a) Every order of school district reorganization under s. 117.08,
4949 117.09, or 117.105 that creates a new school district shall state the school districts
5050 which that are dissolved or from which territory is detached to create the new school
5151 district, name the new school district, state the type of school district and the grades
5252 to be taught by the new school district pursuant to s. 115.01 (2), (3), and (5), designate
5353 the number of school board members under s. 120.01 (1m) or 120.41, designate the
5454 terms of initial members of the school board under s. 120.02 (3) (a), designate the
5555 method of election of school board members under s. 120.06 or 120.42, direct the
5656 election of school board members under s. 120.06 or 120.42, insofar as applicable,
5757 designate the date of the first election of school board members, as provided under
5858 s. 117.22 (2) (b), and fix the time and place for the first annual meeting of the new
5959 school district, if one is to be held. The secretary of the board shall give notice of the
6060 first annual meeting, if one is to be held, under s. 120.08 (1) (c), and shall designate
6161 a person to act as temporary chairperson of the annual meeting until a chairperson
6262 is elected.
6363 SECTION 3. 119.08 (title) of the statutes is amended to read:
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8686 SECTION 3
8787 SENATE BILL 494
8888 119.08 (title) Election of board members; nonvoting teacher
8989 representative.
9090 SECTION 4. 119.08 (1m) of the statutes is created to read:
9191 119.08 (1m) In addition to the members under sub. (1) (a), the board shall have
9292 one teacher representative selected as provided under s. 120.065. The teacher
9393 representative is not a member of the board and does not vote. The teacher
9494 representative is entitled to attend all board meetings, including any meeting
9595 convened in closed session under s. 19.85 (1).
9696 SECTION 5. 119.08 (3) of the statutes is amended to read:
9797 119.08 (3) The regular terms of board members shall be 4 years.
9898 Notwithstanding s. 120.065 (4), the regular term of the teacher representative shall
9999 be 4 years.
100100 SECTION 6. 119.10 (3) of the statutes is amended to read:
101101 119.10 (3) The board shall hold a regular meeting at least once each month at
102102 times fixed and published by the board in its rules. If a regular board meeting falls
103103 on a legal holiday, it shall be held on the next business day. Special meetings may
104104 be called and held as provided by the rules of the board. No business may be
105105 transacted at a special meeting other than that specified in the notice of the meeting,
106106 which shall be delivered personally or by mail to each member and the teacher
107107 representative at least 24 hours before the time of such meeting.
108108 SECTION 7. 120.01 (title) of the statutes is amended to read:
109109 120.01 (title) Number of school board members; nonvoting teacher
110110 representative.
111111 SECTION 8. 120.01 of the statutes is renumbered 120.01 (1m).
112112 SECTION 9. 120.01 (2m) of the statutes is created to read:
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139139 SECTION 9 SENATE BILL 494
140140 120.01 (2m) In addition to the members under sub. (1m), a school board of a
141141 common or union high school district shall have one teacher representative selected
142142 under s. 120.065. The teacher representative is not a member of the school board and
143143 does not vote. The teacher representative is entitled to attend all school board
144144 meetings, including any meeting convened in closed session under s. 19.85 (1).
145145 SECTION 10. 120.065 of the statutes is created to read:
146146 120.065 Selection of teacher representative. In a common or union high
147147 school district, the teacher representative to the school board shall be selected as
148148 follows:
149149 (1) No later than the spring election, the teacher representative shall be
150150 selected by the employees of the school district who are employed in teaching roles
151151 by secret ballot.
152152 (2) The teacher representative shall be an employee of the school district who
153153 is employed in a teaching role.
154154 (3) At least 30 days before a secret ballot is held under sub. (1), the school
155155 district clerk shall inform all school district employees who are eligible to serve as
156156 the teacher representative of the date of the secret ballot and shall solicit the names
157157 of candidates for the position. The school district clerk shall establish the timelines
158158 and procedures for providing notice of and conducting the secret ballot and for
159159 notifying interested persons regarding the result of the secret ballot.
160160 (4) The regular term of the teacher representative shall be for 3 years. A
161161 teacher representative selected for a regular or unexpired term shall take office on
162162 the 4th Monday in April. The selection process to fill an unexpired term shall be held
163163 in the same manner as the selection of a teacher representative under a regular term.
164164 SECTION 11. 120.11 (2) (a) of the statutes is amended to read:
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192192 SECTION 11
193193 SENATE BILL 494
194194 120.11 (2) (a) The school board shall hold a special school board meeting upon
195195 the written request of a school board member filed with the school district clerk or,
196196 in the school district clerk's absence, the school district president. The school district
197197 clerk or, in the school district clerk's absence, the president shall fix a reasonable
198198 date, time, and place for the meeting. Except as provided under pars. (b) and (c), the
199199 school district clerk or, in the school district clerk's absence, the president shall notify
200200 each school board member and the teacher representative of the date, time, and place
201201 of the meeting at least 24 hours before the meeting. Except as provided under pars.
202202 (b) and (c), the school district clerk or, in the school district clerk's absence, the
203203 president shall give the notice to each school board member and the teacher
204204 representative in a manner likely to give the school board member or teacher
205205 representative notice of the meeting.
206206 SECTION 12. 120.11 (2) (b) of the statutes is amended to read:
207207 120.11 (2) (b) If the school district clerk or, in the school district clerk's absence,
208208 the school district president determines that providing notice at least 24 hours before
209209 a special school board meeting under par. (a) is, for good cause shown by the school
210210 district clerk or president, impossible or impractical, the school district clerk or
211211 president may notify each school board member and the teacher representative of the
212212 date, time, and place of the meeting less than 24 hours, but not less than 2 hours,
213213 before the meeting.
214214 SECTION 13. 120.11 (2) (c) of the statutes is amended to read:
215215 120.11 (2) (c) The school board may hold a special school board meeting under
216216 par. (a) without prior notice if all school board members and the teacher
217217 representative are present and consent or if every school board member and the
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243243 SECTION 13 SENATE BILL 494
244244 teacher representative consents in writing even though the school board member or
245245 teacher representative does not attend.
246246 SECTION 14. 120.13 (32) of the statutes is amended to read:
247247 120.13 (32) SCHOOL BOARD ORIENTATION. Provide for the orientation and
248248 continuing education of school board members, the teacher representative, and
249249 persons who have been elected to the school board but have not yet taken office in
250250 the general duties and responsibilities of the school board and the school district, and
251251 pay for the actual and necessary expenses incurred.
252252 SECTION 15. 120.41 (3) of the statutes is created to read:
253253 120.41 (3) In addition to the members under sub. (1) or (2), a school board of
254254 a unified school district shall have one teacher representative selected under s.
255255 120.065. The teacher representative is not a member of the school board and does
256256 not vote. The teacher representative is entitled to attend all school board meetings,
257257 including any meeting convened in closed session under s. 19.85 (1).
258258 (END)
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