115.31 License or permit revocation; reports; investigation.

1,142 words·~5 min read·/wi/chapter-115/115-31-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)In this section:

(a)“Administrator” means the chief administrative officer of an educational agency. If the chief administrative officer is the subject of a report under this section, “administrator” means the presiding officer of the governing board of the educational agency or the secretary of the department in which the educational agency is located.

(b)“Educational agency” means a school district, cooperative educational service agency, state correctional institution under s. 302.01 , juvenile correctional facility, as defined in s. 938.02

(10p), secured residential care center for children and youth, as defined in s. 938.02

(15g), the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, the Mendota Mental Health Institute, the Winnebago Mental Health Institute, a state center for the developmentally disabled, a private school, or a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153

(c).

1. “Immoral conduct” means conduct or behavior that is contrary to commonly accepted moral or ethical standards and that endangers the health, safety, welfare, or education of any pupil. “Immoral conduct” includes all of the following:

a. The intentional use of an educational agency’s equipment to download, view, solicit, seek, display, or distribute pornographic material.

b. Assisting a school employee, contractor, or agent to obtain a new job in a school or with a local educational agency, as defined in 20 USC 7801 (30), if the individual knows or has a reasonable suspicion to believe that the school employee, contractor, or agent committed a sex offense, as defined in s. 301.45

(b), and the victim was a minor or a pupil.

2. It is not immoral conduct under subd. 1. b. if any of the following apply:

a. The assistance is the transmittal of administrative and personnel files.

b. The information the individual knows or that is the basis of the individual’s reasonable suspicion has been properly reported to law enforcement and law enforcement has closed any resulting case or investigation without a conviction.

(2)Except as provided under sub.

(2g), after written notice of the charges and of an opportunity for defense, any license granted by the state superintendent may be revoked by the state superintendent for incompetency or immoral conduct on the part of the licensee.

(2g)Notwithstanding subch. II of ch. 111 , the state superintendent shall revoke a license granted by the state superintendent, without a hearing, if the licensee is convicted of any of the following:

(a)A Class A, B, C, or D felony under ch. 940 or 948 , except ss. 940.08 , 940.62

(c), and 947.016

(4)and s. 940.205 , 2023 stats., for a violation that occurs on or after September 12, 1991.

(b)A Class E, F, G, or H felony under ch. 940 or 948 , except ss. 940.08 , 940.62

(c), and 947.016

(4)and s. 940.205 , 2023 stats., for a violation that occurs on or after February 1, 2003.

(c)Any of the following, if the violation occurs on or after March 24, 2024:

1. A violation of s. 942.08 , 942.09

(2), 942.095 , 948.098 , 948.10 , or 948.11

(a).

2. A felony violation of s. 943.20 if the property belonged to the school district.

3. A violation of federal law or the law of any other state or jurisdiction that would be a violation of subd. 1. or 2. or par.

(a)or

(b)if committed in this state.

(a)Except as provided under pars.

(b)and

(c), the state superintendent may not reinstate a license revoked under sub.

(2g)for 6 years following the date of the conviction, and may reinstate a license revoked under sub.

(2g)only if the licensee establishes by clear and convincing evidence that he or she is entitled to reinstatement.

(b)The state superintendent shall reinstate a license revoked under sub.

(2g), prior to the expiration of the 6-year period following the conviction, if he or she receives from the court in which the conviction occurred a certificate stating that the conviction has been reversed, set aside or vacated.

(c)The state superintendent may not reinstate a license revoked under sub.

(2g)if the license was revoked for any of the following:

1. A felony conviction for a violation of ch. 948 described in sub.

(a)or

(b).

2. A felony conviction for a violation of s. 942.08 or 948.098 .

3. A conviction for a violation of s. 942.09

(2)or 942.095 if the person depicted in the representation is a child.

4. A conviction for the violation of federal law or the law of any other state or jurisdiction that would be a violation of subd. 1. , 2. , or 3. if committed in this state.

(3)An administrator shall do all of the following:

(a)Report to the state superintendent the name of any person employed by the educational agency and licensed by the state superintendent, and include a complete copy of the licensee’s personnel file and all records related to any investigation of the licensee conducted by or on behalf of the educational agency, if any of the following occurs:

1. The person is charged with a crime under ch. 948 , including a crime specified under s. 948.015 , a felony with a maximum term of imprisonment of at least 5 years or a crime in which the victim was a child.

2. The person is convicted of a crime described under subd. 1. or of 4th degree sexual assault under s. 940.225

(3m).

3. The person is dismissed, or his or her contract is not renewed, by the employer based in whole or in part on evidence that the person engaged in immoral conduct.

4. The person resigns and the administrator has a reasonable suspicion that the resignation relates to the person having engaged in immoral conduct.

(b)Report to the state superintendent the name of any person employed by the educational agency who is not licensed by the state superintendent if the person is convicted of a crime described under par.

(a)1. or of 4th degree sexual assault under s. 940.225

(3m).

(c)Send a copy of any report that is made to the state superintendent under par.

(a)or

(b)to the person who is the subject of the report.

(4)If an administrator requests a person who is employed by an educational agency and licensed by the state superintendent to resign, and the administrator has a reasonable suspicion that the person engaged in immoral conduct, the administrator shall inform the person of the duty to report to the state superintendent under sub.

(a)4.