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LRB-4164/1
KRP:cdc
2019 - 2020 LEGISLATURE
January 9, 2020 - Introduced by Representatives Pope, Considine, Emerson,
Kolste, Sargent, Spreitzer, Billings, Milroy, Stubbs, Subeck, Neubauer,
Gruszynski, Vruwink, Ohnstad, Sinicki, L. Myers and Brostoff, cosponsored
by Senators Erpenbach, Bewley, Larson, Wirch, Smith, Risser and
Ringhand. Referred to Committee on Regulatory Licensing Reform.
AB728,1,7 1An Act to amend 115.28 (7) (b), 118.19 (1), 118.19 (1b), 118.19 (1c) (b) (intro.),
2118.19 (3) (a), 118.19 (3) (b), 118.19 (10) (b) 1., 118.191 (2) (a), 118.191 (2) (b),
3118.191 (2m), 118.191 (3), 118.191 (4), 118.192 (4), 118.60 (2) (a) 6. a. and 119.23
4(2) (a) 6. a.; and to create 115.7915 (2) (i), 118.60 (2) (a) 6m., 118.60 (2) (c) 3.,
5119.23 (2) (a) 6m. and 119.23 (2) (c) 3. of the statutes; relating to: teacher
6licensure in parental choice programs and in the Special Needs Scholarship
7Program and granting rule-making authority.
Analysis by the Legislative Reference Bureau
With certain exceptions, this bill requires that, beginning on July 1, 2022,
teachers at private schools participating in a parental choice program or in the
Special Needs Scholarship Program must hold a license or permit issued by the
Department of Public Instruction. Under current law, teachers at choice schools
must have at least a bachelor's degree from a nationally or regionally accredited
institution of higher education, but they are not required to be licensed by DPI.
There are no current law requirements regarding who may teach at SNSP schools.
The bill provides an exception for a teacher who teaches only courses in
rabbinical studies. In addition, the bill provides a grace period for a teacher who has
been teaching for at least the five consecutive years immediately preceding July 1,
2022, which allows the teacher to apply for a temporary, nonrenewable waiver of the

licensure requirement. An applicant for a waiver must submit a plan for becoming
licensed as required under the bill.
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:
AB728,1 1Section 1 . 115.28 (7) (b) of the statutes is amended to read:
AB728,2,122 115.28 (7) (b) Subject to the same rules and laws concerning qualifications of
3applicants and granting and revocation of licenses or certificates under par. (a), the
4state superintendent shall grant certificates and licenses to teachers in private
5schools and tribal schools, except that teaching experience requirements for such
6certificates and licenses may be fulfilled by teaching experience in public, private,
7or tribal schools. An applicant is not eligible for a license or certificate unless the
8state superintendent finds that the private school or tribal school in which the
9applicant taught offered an adequate educational program during the period of the
10applicant's teaching therein. Private Except as provided under ss. 115.7915 (2) (i),
11118.60 (2) (a) 6m., and 119.23 (2) (a) 6m., private
schools are not obligated to employ
12only licensed or certified teachers.
AB728,2 13Section 2 . 115.7915 (2) (i) of the statutes is created to read:
AB728,2,1814 115.7915 (2) (i) 1. Except as provided in subd. 2., beginning on July 1, 2022, all
15of the eligible school's teachers have a teaching license or permit issued by the
16department, except that a teacher employed by the eligible school who teaches only
17courses in rabbinical studies is not required to hold a license or permit to teach issued
18by the department.
AB728,3,719 2. Any teacher employed by the eligible school on July 1, 2022, who has been
20teaching for at least the 5 consecutive years immediately preceding July 1, 2022, and

1who does not satisfy the requirements under subd. 1. on July 1, 2022, applies to the
2department on a form prepared by the department for a temporary, nonrenewable
3waiver from the requirements under subd. 1. The department shall promulgate
4rules to implement this subdivision, including the form of the application and the
5process by which the waiver application will be reviewed. The application form shall
6require the applicant to submit a plan for satisfying the requirements under subd.
71. No waiver granted under this subdivision is valid after July 1, 2027.
AB728,3 8Section 3 . 118.19 (1) of the statutes is amended to read:
AB728,3,149 118.19 (1) Except as provided in subs. (1b) and (1c) and s. 118.40 (8) (b) 1. and
102., any person seeking to teach in a public school, including a charter school, or in a
11school or institution operated by a county or the state, in a private school
12participating in a parental choice program under s. 118.60 or 119.23, or in a private
13school participating in the program under s. 115.7915
shall first procure a license or
14permit from the department.
AB728,4 15Section 4 . 118.19 (1b) of the statutes is amended to read:
AB728,3,2116 118.19 (1b) An individual may teach an online course in a subject and level in
17a public school, including a charter school, in a private school participating in a
18parental choice program under s. 118.60 or 119.23, or in a private school
19participating in the program under s. 115.7915
without a license or permit from the
20department if the individual holds a valid license or permit to teach the subject and
21level in the state from which the online course is provided.
AB728,5 22Section 5 . 118.19 (1c) (b) (intro.) of the statutes is amended to read:
AB728,4,423 118.19 (1c) (b) (intro.) A faculty member of an institution of higher education
24may teach in a public high school, including a charter school that operates only high
25school grades, in a private school participating in a parental choice program under

1s. 118.60 or 119.23 that operates only high school grades, or in a private school
2participating in the program under s. 115.7915 that operates only high school grades

3without a license or permit from the department if the faculty member satisfies all
4of the following:
AB728,6 5Section 6 . 118.19 (3) (a) of the statutes is amended to read:
AB728,5,36 118.19 (3) (a) No license to teach in any public school may be issued unless the
7applicant possesses a bachelor's degree including such professional training as the
8department by rule requires, except as permitted under par. (b) and ss. 115.28 (17)
9(a), 118.191, 118.1915, 118.192, 118.193, 118.194, and 118.197. Notwithstanding s.
1036.11 (16), no teacher preparatory program in this state may be approved by the state
11superintendent under s. 115.28 (7) (a), unless each student in the program is
12required to complete student teaching consisting of full days for a full semester
13following the daily schedule and semester calendar of the cooperating school. No
14license to teach in any public school may be granted to an applicant who completed
15a professional training program outside this state unless the applicant completed
16student teaching consisting of full days for a full semester following the daily
17schedule and semester calendar of the cooperating school or the equivalent, as
18determined by the state superintendent. The state superintendent may grant
19exceptions to the student teaching requirements under this paragraph when the
20midyear calendars of the institution offering the teacher preparatory program and
21the cooperating school differ from each other and would prevent students from
22attending classes at the institution in accordance with the institution's calendar.
23The state superintendent shall promulgate rules to implement this subsection. If for
24the purpose of granting a license to teach or for approving a teacher preparatory
25program the state superintendent requires that an institution of higher education

1be accredited, the state superintendent shall accept accreditation by a regional or
2national institutional accrediting agency recognized by the U.S. department of
3education or by a programmatic accrediting organization.
AB728,7 4Section 7 . 118.19 (3) (b) of the statutes is amended to read:
AB728,5,145 118.19 (3) (b) The state superintendent shall permanently certify any
6applicant to teach Wisconsin native American languages and culture who has
7successfully completed the university of Wisconsin-Milwaukee school of education
8approved Wisconsin native American languages and culture project certification
9program at any time between January 1, 1974, and December 31, 1977. School
10districts shall
A school district, the governing body of a private school participating
11in a parental choice program under s. 118.60 or 119.23, or the governing body of a
12private school participating in the program under s. 115.7915 may
not assign
13individuals certified under this paragraph to teach courses other than Wisconsin
14native American languages and culture, unless they qualify under par. (a).
AB728,8 15Section 8 . 118.19 (10) (b) 1. of the statutes is amended to read:
AB728,5,1916 118.19 (10) (b) 1. Conduct a background investigation of each applicant for
17issuance or renewal of a license or permit, including a license or permit issued to a
18pupil services professional, and for a faculty member seeking to teach in a public high
19school without a license or permit.
AB728,9 20Section 9 . 118.191 (2) (a) of the statutes is amended to read:
AB728,6,421 118.191 (2) (a) Notwithstanding s. 118.19 (7) to (9), the department shall grant
22an initial teaching license to teach a technical education subject to an individual who
23is eligible for licensure under s. 118.19 (4) and (10), who scores at least 100 points on
24the point system under sub. (5), of which at least 25 points are from sub. (5) (a) 1. and
25at least 25 points are from sub. (5) (a) 2., and who agrees to complete during the term

1of the license a curriculum determined by the school board of the school district, by
2the governing body of the private school participating in a parental choice program
3under s. 118.60 or 119.23, or by the governing body of the private school participating
4in the program under s. 115.7915
in which the individual will teach.
AB728,10 5Section 10 . 118.191 (2) (b) of the statutes is amended to read:
AB728,6,156 118.191 (2) (b) Notwithstanding s. 118.19 (7) to (9), the department shall grant
7an initial teaching license to teach a vocational education subject to an individual
8who is eligible for licensure under s. 118.19 (4) and (10), who scores at least 100 points
9on the point system under sub. (5m), of which at least 25 points are from sub. (5m)
10(a) 1. and at least 25 points are from sub. (5m) (a) 2., and who agrees to complete
11during the term of the license a curriculum determined by the school board of the
12school district, by the governing body of the private school participating in a parental
13choice program under s. 118.60 or 119.23, or by the governing body of the private
14school participating in the program under s. 115.7915
in which the individual will
15teach.
AB728,11 16Section 11 . 118.191 (2m) of the statutes is amended to read:
AB728,6,2017 118.191 (2m) An initial teaching license issued under sub. (2) authorizes an
18individual to teach only in the school district controlled by the school board, or in the
19private school controlled by the governing body,
that determined the curriculum the
20individual agreed to complete in order to qualify for the initial teaching license.
AB728,12 21Section 12 . 118.191 (3) of the statutes is amended to read:
AB728,6,2522 118.191 (3) An initial teaching license issued under sub. (2) is valid for 3 years.
23An initial teaching license issued under sub. (2) is void if the license holder ceases
24to be employed as a teacher in the school district or private school in which the license
25holder is authorized to teach under sub. (2m).
AB728,13
1Section 13. 118.191 (4) of the statutes is amended to read:
AB728,7,122 118.191 (4) Upon the expiration of the 3-year term of an initial teaching license
3issued under sub. (2), the department shall issue to the license holder a professional
4teaching license to teach the technical education subject or vocational education
5subject if the individual successfully completed the curriculum that the individual
6agreed to under sub. (2), as determined by the school board of the school district, by
7the governing body of the private school participating in a parental choice program
8under s. 118.60 or 119.23, or by the governing body of the private school participating
9in the program under s. 115.7915
that established the curriculum. The department
10shall indicate on a professional teaching license issued under this subsection that the
11license was obtained under the experience-based licensure program under this
12section.
AB728,14 13Section 14 . 118.192 (4) of the statutes is amended to read:
AB728,7,1714 118.192 (4) A school board or private school participating in a parental choice
15program under s. 118.60 or 119.23
that employs a person who holds a professional
16teaching permit shall ensure that no regularly licensed teacher is removed from his
17or her position as a result of the employment of persons holding permits.
AB728,15 18Section 15 . 118.60 (2) (a) 6. a. of the statutes is amended to read:
AB728,7,2319 118.60 (2) (a) 6. a. Except as provided in subd. 6. c. and d., all of the private
20school's teachers have a teaching license issued by the department or a bachelor's
21degree or a degree or educational credential higher than a bachelor's degree,
22including a masters master's or doctorate, from a nationally or regionally accredited
23institution of higher education. This subd. 6. a. does not apply after June 30, 2022.
AB728,16 24Section 16 . 118.60 (2) (a) 6m. of the statutes is created to read:
AB728,8,3
1118.60 (2) (a) 6m. a. Except as provided in subd. 6m. b., beginning on July 1,
22022, all of the private school's teachers have a teaching license or permit issued by
3the department.
AB728,8,134 b. Any teacher employed by the private school on July 1, 2022, who has been
5teaching for at least the 5 consecutive years immediately preceding July 1, 2022, and
6who does not satisfy the requirements under subd. 6m. a. on July 1, 2022, applies to
7the department on a form prepared by the department for a temporary,
8nonrenewable waiver from the requirements under subd. 6m. a. The department
9shall promulgate rules to implement this subd. 6m. b., including the form of the
10application and the process by which the waiver application will be reviewed. The
11application form shall require the applicant to submit a plan for satisfying the
12requirements under subd. 6m. a. No waiver granted under this subd. 6m. b. is valid
13after July 1, 2027.
AB728,17 14Section 17 . 118.60 (2) (c) 3. of the statutes is created to read:
AB728,8,1815 118.60 (2) (c) 3. Notwithstanding par. (a) 6m., a teacher employed by a private
16school participating in the program under this section who teaches only courses in
17rabbinical studies is not required to hold a license or permit to teach issued by the
18department.
AB728,18 19Section 18 . 119.23 (2) (a) 6. a. of the statutes is amended to read:
AB728,8,2420 119.23 (2) (a) 6. a. Except as provided in subd. 6. c., all of the private school's
21teachers have a teaching license issued by the department or a bachelor's degree or
22a degree or educational credential higher than a bachelor's degree, including a
23masters or doctorate, from a nationally or regionally accredited institution of higher
24education. This subd. 6. a. does not apply after June 30, 2022.
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