LRB-1490/2
TKK&CMH:wlj:nwn
2007 - 2008 LEGISLATURE
January 14, 2008 - Introduced by Senators Grothman and Kanavas, cosponsored
by Representatives Pridemore, Albers, LeMahieu, Nass, Owens, Vos,
Townsend, Honadel, Strachota, Kramer and Nygren. Referred to Committee
on Education.
SB383,1,3
1An Act to amend 118.22 (1) (a) and (b), 118.22 (2), 118.22 (3), 118.22 (4) and
2119.04 (1); and
to create 111.70 (4) (m) 5. and 118.22 (1m) of the statutes;
3relating to: the terms of teacher employment contracts.
Analysis by the Legislative Reference Bureau
Under current law, a school board must give a teacher a written notice of
renewal or refusal to renew the teacher's contract for the following school year.
Under current law, the board of directors in any city of the first class (currently,
Milwaukee) is not required to provide written notice of renewal or refusal to renew
the contract of a teacher employed by that board of directors. The statutory renewal
provision may be modified, waived, or replaced by a collective bargaining agreement.
This bill provides that the term of each teacher's employment contract is limited
to one year, until the teacher has been continuously employed for five years, at which
point the term of the contract becomes two years. The bill also requires the board of
directors in any city of the first class to provide written notice of renewal or refusal
to renew the contract of a teacher employed by that board of directors. The bill limits
the term of the employment contract of a teacher employed by the board of directors
in a city of the first class to one year until the teacher has been continuously employed
by the same board of directors for five years, at which point the term of the contract
becomes two years.
Finally, this bill prohibits the nonrenewal of a contract for arbitrary or
capricious reasons and provides that the reasons for renewal or nonrenewal are a
prohibited subject of collective bargaining.
For further information see the state and 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:
SB383, s. 1
1Section
1. 111.70 (4) (m) 5. of the statutes is created to read:
SB383,2,32
111.70
(4) (m) 5. Any reason for renewal or nonrenewal of a contract under s.
3118.22.
SB383, s. 2
4Section
2. 118.22 (1) (a) and (b) of the statutes are amended to read:
SB383,2,85
118.22
(1) (a) "Board" means a school board, technical college district board,
6board of control of a cooperative educational service agency or county children with
7disabilities education board
, but does not include any board of school directors in a
8city of the 1st class.
SB383,2,139
(b) "Teacher" means any person who holds a teacher's certificate or license
10issued by the state superintendent or a classification status under the technical
11college system board and whose legal employment requires such certificate, license
12or classification status, but does not include part-time teachers
or teachers
13employed by any board of school directors in a city of the 1st class.
SB383, s. 3
14Section
3. 118.22 (1m) of the statutes is created to read:
SB383,2,1615
118.22
(1m) (a) Except as provided under par. (b), the term of each teacher's
16contract entered into by a board shall be one year.
SB383,2,2017
(b) After a teacher's continuous employment by a board for 5 years, the term
18of the teacher's contract shall be 2 years. The term of a contract of a teacher who has
19been continuously employed by a board for 5 or more years as of the effective date
20of this paragraph .... [revisor inserts date], shall be 2 years.
SB383, s. 4
21Section
4. 118.22 (2) of the statutes is amended to read:
SB383,3,17
1118.22
(2) On or before March 15 of the
school last year
during which of a
2teacher holds a teacher's contract, the board by which the teacher is employed or an
3employee at the direction of the board shall give the teacher written notice of renewal
4or refusal to renew the teacher's contract
for the ensuing school year. If no such
5notice is given on or before March 15, the contract then in force shall continue for the
6ensuing school year
, or for the ensuing 2 school years if the teacher has been
7employed continuously by the board for 5 or more years. A teacher who receives a
8notice of renewal of contract
for the ensuing school year, or a teacher who does not
9receive a notice of renewal or refusal to renew the teacher's contract
for the ensuing
10school year on or before March 15
of the last year of the contract, shall accept or reject
11in writing such contract not later than the following April 15. No teacher may be
12employed or dismissed except by a majority vote of the full membership of the board.
13A refusal to renew a teacher's contract may not be for arbitrary or capricious reasons. 14Nothing in this section prevents the modification or termination of a contract by
15mutual agreement of the teacher and the board. No such board may enter into a
16contract of employment with a teacher for any period of time as to which the teacher
17is then under a contract of employment with another board.
SB383, s. 5
18Section
5. 118.22 (3) of the statutes is amended to read:
SB383,3,2519
118.22
(3) At least 15 days prior to giving written notice of refusal to renew a
20teacher's contract
for the ensuing school year, the employing board shall inform the
21teacher by preliminary notice in writing that the board is considering nonrenewal
22of the teacher's contract and that, if the teacher files a request therefor with the
23board within 5 days after receiving the preliminary notice, the teacher has the right
24to a private conference with the board
prior to before being given written notice of
25refusal to renew the teacher's contract.
SB383, s. 6
1Section
6. 118.22 (4) of the statutes is amended to read:
SB383,4,62
118.22
(4) A Except as provided in s. 111.70 (4) (m) 5., a collective bargaining
3agreement may modify, waive or replace any of the provisions of this section as they
4apply to teachers in the collective bargaining unit, but neither the employer nor the
5bargaining agent for the employees is required to bargain such modification, waiver
6or replacement.
SB383,4,17
9119.04 Public instruction laws applicable. (1) Subchapters IV, V and VII
10of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28,
11115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.445, 115.45,
12118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145
13(4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20,
14118.22, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30
15to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2)
16(b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, and 120.25
17are applicable to a 1st class city school district and board.
SB383,4,2119
(1) The treatment of sections 111.70 (4) (m) 5. and 118.22 (4) of the statutes first
20applies to collective bargaining agreements that are entered into, modified, or
21renewed on the effective date of this subsection.
SB383,4,2322
(2) The treatment of section 118.22 (1m), (2), and (3) of the statutes first applies
23to teachers who hold a license to teach on or after the effective date of this subsection.
