LRB-0755/2
MJL:mfd:jf
1997 - 1998 LEGISLATURE
April 23, 1997 - Introduced by Senators Grobschmidt, Buettner, Darling and
Panzer, cosponsored by Representatives
Nass, Brandemuehl, Hahn, Ward,
Duff, M. Lehman, Plale, Dobyns, Huber, Freese, Gronemus, Goetsch,
Hasenohrl, Harsdorf, Kelso, Walker, Sykora, Kedzie, Seratti, Lazich and
Albers. Referred to Committee on Education.
SB177,1,5
1An Act to renumber and amend 115.31 (2g);
to amend 115.31 (2r) (b), 115.31
2(3) (a) 3. and 115.31 (5) (a);
to repeal and recreate 115.31 (6) (c); and
to create
3115.31 (2g) (b) of the statutes;
relating to: the revocation of licenses issued by
4the department of public instruction and reports about licensees made to the
5department by administrators of educational agencies.
Analysis by the Legislative Reference Bureau
Under current law, any license granted by the department of public instruction
(DPI) may be revoked by DPI for incompetency or immoral conduct (conduct that is
contrary to commonly accepted moral or ethical standards and that endangers the
health, safety, welfare or education of any pupil). DPI is required to revoke a license,
without a hearing, if the licensee is convicted of any of a number of specified felony
offenses.
This bill requires DPI also to revoke a license, without a hearing, if the licensee
is disciplined by the employing educational agency for immoral conduct.
Under current law, the administrator of an educational agency must report to
DPI the name of any employe licensed by DPI who is charged with or convicted of
certain specified crimes, is dismissed or has his or her contract not renewed because
he or she engaged in immoral conduct or resigns if the administrator believes that
the resignation relates to engaging in immoral conduct. Upon receiving a report, DPI
must investigate to determine whether to initiate revocation proceedings. DPI must
destroy all information pertaining to an investigation or a revocation proceeding
(other than the fact that a person was convicted of a crime) 3 years from the date on
which the investigation is terminated or a final decision denying revocation of the
person's license is issued, whichever is later.
This bill eliminates the above provision relating to the destruction of
information. The bill requires the administrator of an educational agency to report
to DPI the name of a licensee who is employed by the educational agency and is
disciplined by his or her employer for engaging in immoral conduct. The bill also
provides that if an educational agency requests from DPI information about an
employe of the educational agency or about a person whom the educational agency
is considering hiring, DPI must send a copy of any report that it has received about
the person to the educational agency.
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:
SB177, s. 1
1Section
1. 115.31 (2g) of the statutes is renumbered 115.31 (2g) (intro.) and
2amended to read:
SB177,2,53
115.31
(2g) (intro.) Notwithstanding subch. II of ch. 111, the department shall
4revoke a license granted by the department, without a hearing, if
the any of the
5following occurs:
SB177,2,8
6(a) The licensee is convicted of any Class A, B, C or D felony under ch. 940 or
7948, except ss. 940.08 and 940.205, for a violation that occurs on or after September
812, 1991.
SB177, s. 2
9Section
2. 115.31 (2g) (b) of the statutes is created to read:
SB177,2,1110
115.31
(2g) (b) The licensee is employed by an educational agency and is
11disciplined by his or her employer for engaging in immoral conduct.
SB177, s. 3
12Section
3. 115.31 (2r) (b) of the statutes is amended to read:
SB177,3,213
115.31
(2r) (b) The department shall reinstate a license revoked under sub. (2g)
14(a), prior to the expiration of the 6-year period following the conviction, if he or she
1receives from the court in which the conviction occurred a certificate stating that the
2conviction has been reversed, set aside or vacated.
SB177, s. 4
3Section
4. 115.31 (3) (a) 3. of the statutes is amended to read:
SB177,3,64
115.31
(3) (a) 3. The person is
disciplined or dismissed, or his or her contract
5is not renewed, by the employer based in whole or in part on evidence that the person
6engaged in immoral conduct.
SB177, s. 5
7Section
5. 115.31 (5) (a) of the statutes is amended to read:
SB177,3,108
115.31
(5) (a) A report under sub. (3) shall be made within 15 days after the
9administrator becomes aware of the charge, conviction,
discipline, dismissal,
10nonrenewal or resignation.
SB177, s. 6
11Section
6. 115.31 (6) (c) of the statutes is repealed and recreated to read:
SB177,3,1512
115.31
(6) (c) If an educational agency requests the department for information
13about an employe of the educational agency or about a person whom the educational
14agency is considering hiring, the department shall send a copy of any report made
15to the department under sub. (3) (a) or (b) about the person to the educational agency.
