Module 1, Legal Framework of Education



Module 1, Legal Framework of Education

1. State statutes covering education can be found through several websites. The most direct that I found was

. At this site, you must click “Statutes Table of Contents” on the left side under “Main Menu.” Once you are at the Table of Contents, you can scroll through to find several chapters on Education. Chapters 36-39 handle post-secondary education at the UW, Technical Colleges, and higher education agencies. While Chapters 115-121 deal with Wisconsin Public Instruction. These statutes are enacted by the Wisconsin State Legislature. The WI Legislature gets its power from the Wisconsin State Constitution. The text of the WI State Constitution can be found at: Education in Wisconsin is overseen by the Department of Public Instruction, which can be found in Article X of the State Constitution. Article X is found on page 13.

2. Wisconsin does not have a State Board of Education. Instead there is the Department of Public Instruction, which oversees all aspects of K-16 education. The WI Department of Public Instruction website provides links to many education initiatives such as NCLB (), laws/rules (), Finance and Grants (), and other general information.

The WI State Superintendent of Public Instruction is Tony Evers, PhD. Dr. Evers was elected to his position in April, 2009 after serving since 2001 as Deputy Superintendent. More information can be found on the Superintendent’s homepage, as well as through various links from that page: Biography (), Divisions and Teams (), and Cabinet Contact Information ().

3. An informative website regarding the WI court system is: . The Wisconsin State Constitution () establishes the Wisconsin court system. An overview of the WI court system can be found at . There are 252 municipal courts in Wisconsin, in addition to Circuit Court, Court of Appeals, and the WI Supreme Court. The Supreme Court is the highest level, and is known as the court of “last resort.”

Wisconsin falls under the jurisdiction of the 7th Circuit Court of Appeals, information can be found at or . The rules governing the 7th Circuit Court of Appeals are found at .

Module 2, Church—State Relations

1. is a document titled “Religion in the Public Schools” published by the Pew Forum on Religion & Public Life May 2007. This document covers the history of the battle over religion in schools and whether the Bible should be read in classrooms, as well as the court decisions involving religion in schools.

Article I, Section 18 and Article X, Section 3 of the WI State Constitution both discuss religion in schools. These sections of the WI State Constitution had great impact on the well-known “Edgerton Bible Case” State ex rel. Weiss and others vs. District Board, etc. 76 Wis. 177 (1890). In this case, The Wisconsin Supreme Court unanimously decided that reading the Bible in schools was in violation of Article 1, Section 18 and Article X, Section 3 of the Wisconsin State Constitution.

is a site from MN legislature discussing school voucher programs. Page five of this paper discusses school voucher programs in other states, specifically the Milwaukee Parental Choice program enacted in 1990, and the first school voucher program in the country. As stated in this paper, the Wisconsin legislature expanded the Milwaukee Parental Choice program to include private religious schools.

is a website dedicated to providing unbiased information on the country’s largest school voucher program – the Milwaukee, Wisconsin Parental Choice Program. There are links to full text articles critiquing the program and describing all aspects of the program including the costs of running the program vs. the integrity of the voucher program and if it should continue.

2. Blaine:

Another interesting site I found that gives a great explanation and history of the Blaine Amendments is: I stumbled across this “white paper” written by Eric W. Treene when I was searching the internet for information about Wisconsin’s adoption of the Blaine Amendment. While it does not directly relate to identifying if Wisconsin has a Blaine Amendment, it is stated in the White Paper that WI did adopt the Blaine Amendment in 1849. In addition, as part of the history of the Blaine Amendment, Wisconsin is mentioned several times throughout the paper in explaining its interpretation and use of the amendment.

Module 3, Student Classification

1. The Wisconsin Department of Public Instruction’s website has a page dedicated to School Financial Services: . This page is an index with links to various school finance information including links to the WI Department of Revenue, Legislative Fiscal Bureau, and WI State Legislature.

2. Information regarding Wisconsin court cases involving desegregation issues can be found at: , and . In addition, I found a website by the Consortium on Racial Equity in PK-12 Education in Wisconsin with links to District Practices, Needs Assessment & Evaluation, Community Involvement, and Classroom Practices. . Additional information about discrimination in Wisconsin schools can be found at: . This site has a Desegregation and Busing section with links to Background Information, Innovative Approaches, Desegregation in Theory and Practice, and Desegregation and Busing: The Fourteenth Amendment.

3. This same website, , provides information regarding these Education Law areas: Student Rights, Student Conduct and Discipline, Types of Schools, Special Education and Disabilities, and School Curriculum and Standards, and Teachers’ Rights.

4. State protection for sexual orientation information can be found at . Title IX is a federal law prohibiting discrimination in education on the basis of sex. Wisconsin has enacted students rights laws prohibiting discrimination or harassment based on sexual orientation.

5. As of the 2005-2006 school year, 98.9 percent of all teachers employed in Wisconsin are highly qualified as defined by the state and by the federal No Child Left Behind Act (2000) according to the document found at . This document also explains the Highly Qualified Teachers standards required by Wisconsin DPI.

6. Wisconsin Department of Public Instruction promotes safe and respectful schools by incorporating anti-bullying programs. A link that describes, by state, all anti-bullying laws can be found at: .

7. Additional information regarding student classification in Wisconsin can be found at:

Module 4, Students’ Rights

1. Wisconsin has special regulations for disciplining special education students versus regular students. Information regarding the discipline of special education students can be found by reviewing: . A report was issued in August 2000 detailing truancy in Wisconsin. This report was issued by the Wisconsin legislature and includes a link at the bottom of the page to the full report.

2. An informative site for students rights regarding free speech can be found at: . This site includes many links such as Statutory Sources of Protection for Students, Free Speech Lawsuits Involving Public Schools, and Ten Commonly Asked Questions on Student Rights.

Clicking on Statutory Sources of Protection for Students takes you to the following page which explains six sources of protection.

3. The DPI website has a lot of information regarding student attendance . In addition, specific information regarding compulsory attendance in Wisconsin can be found at . One of the links on this page, is a report from March 2009 with Answers to Frequently Asked School Discipline Questions.

Module 5, Tort Liability

1. Chapter 118 of Wis. Stats covers General School Operations. Specifically Chapter 118.31 discusses corporal punishment and states “corporal punishment” means the intentional infliction of physical pain which is used as a means of discipline. “Corporal punishment” includes, but is not limited to, paddling, slapping or prolonged maintenance of physically painful positions, when used as a means of discipline. However, subsection 2 prohibits officials, employees, or agents of the school board from subjecting a student enrolled in the school district to corporal punishment with the exception of subsection 3 which states that reasonable and necessary force may be used to quell a disturbance or prevent an act that threatens physical injury to another person.

2. Wisconsin Statute section 895.045 which went into effect May 18, 1995, is a law of comparative negligence. An informative article published in the Wisconsin Lawyer , Vol. 71, No. 8, August 1998, , does a good job of providing the background for this statute.

Wisconsin uses the comparative negligence defense, not the contributory negligence defense. More information regarding how all of the states are split with which defense they utilize is .

3. The following websites contain articles, and various information regarding immunity safeguards for school personnel in Wisconsin: ; and .

4. In addition to the above mentioned sites, also includes information regarding child abuse and neglect statutes in Wisconsin. The Wisconsin legislature has the following website available for researching various statutes and articles of the Wisconsin Constitution . References are to articles and sections of the Wisconsin Constitution and to sections and chapters of the Statutes. Use the index on the left to locate the topic you are searching for.

Module 6, Teachers’ Substantive Rights

1. Article 1, Section 1, WI State Constitution: A teacher’s alleged de facto tenure is not a protected property interest. Liberty interests are discussed. Stevens v. Jt. School Dist. No. 1, Tony, Etc. 429 F. Supp. 477. $fn=document-frameset.htm$q=%5Bfield%20folio-destination-name:'I,1'%5D$x=Advanced

Regarding due process, the following is found in WI Constitution: Article I, §1 - ANNOT. Procedural due process in public schools: The "thicket" of Goss v. Lopez. 1976 WLR 934.$fn=document-frameset.htm$q=%5Bfield%20folio-destination-name:'I,1'%5D$x=Advanced.

According to , in Wisconsin, a teacher's certificate may be revoked for incompetency, immoral conduct, or conviction of certain felonies. Tenured teachers may be dismissed on similar grounds.

2. In 1998, Wisconsin was one of only ten states who had enacted legislation at the state and local level to ban discrimination based on sexual orientation in housing, banking, and employment. .

3. and discuss how Wisconsin handles cases of whistle-blowing. Wisconsin has whistle-blower laws, however, the compensation is less than that of federal government.

4. State textbook selection guidelines are set by the Wisconsin Department of Public Instruction and local school districts. DPI has a Content and Learning Team who oversees curriculum content. Their website is found at: .

is a website from the Wisconsin Accessible Media Productions and Department of Public Instruction establishing Guidance for the Implementation of National Instructional Materials Accessibility Standards (NIMAS). The goal of NIMAS is to promote the development of high quality and consistent source files to be used to create specialized formats for students with print disabilities, including those who are blind and visually impaired.

Module 7, Terms and Conditions of Employment

 

1. The University of Wisconsin-Whitewater College of Education publishes teacher licensure requirements on their website: uww.edu/coe/advising/licensure/. This website includes links to types of licenses available through DPI as well as the requirements for Admission to Professional Education.

 

A Wisconsin teachers license is valid for 10 years. The National Board for Professional Teaching Standards website resources/state_local_information/WI, or provides the guidelines/requirements for becoming a nationally board certified teacher.

 

Referring back to the Wisconsin Department of Public Instruction (DPI) website, another good resource for teachers is , which provides licensing requirements and other links for Teacher Education, Professional Development and Licensing (TEPDL).

The following link from TEPDL, , covers PI34 Administrative Rules and provides further links and information for teacher and administrator standards. SubChapter IX, Administrative Categories PI34.32 specifically discusses requirements for becoming an administrator.

2. An informative site for teachers rights, grounds for dismissal, and due process in Wisconsin can be found at: . This site defines all areas of teacher’s rights as well as providing summaries of the grounds on which a state may revoke or suspend a teaching certificate or on which a district may dismiss or suspend a teacher in each state.

 

This site reviews the collective bargaining agreements between the boards of trustees and faculty associations of 13 selected community college districts in Wisconsin are presented, representing contracts in effect in 1987.

, is a brief written by members of the Regional Educational Laboratory at Learning Point Associates. The brief discusses the characteristics of teacher evaluation procedures in Minnesota, Ohio, and Wisconsin.

 

Researching personnel evaluation requirements and procedures at , there are links to SubChapter 7 which covers Teaching Categories and Levels.

. This is a paper regarding contract renewal procedure and “knowing your rights” They suggest that you maintain a copy for your personal records.

 

3. The State of Wisconsin Legislative Reference Bureau issued Informational Bulletin 08-1, February 2008 and can be found at . Wisconsin has historically been a leader in enacting laws promoting equal employment opportunities and better working conditions for its citizens, and protecting them from discrimination in other aspects of daily life. This bulletin summarizes current Wisconsin Statutes in the areas of fair employment, antidiscrimination, and worker protection, and discusses the enforcement of those rights and protections.

• Chapter 36.12, Wisconsin Statutes, provides that, "no student may be denied admission to, participation in or the benefits of, or discriminated against in any service, program, course or facility of the UW System because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status." Complaints of discrimination must be brought within 300 days of the alleged discriminatory actions.

• Chapter 111.31(1), (2), and (3), Wisconsin Statutes, prohibits discrimination in employment on the basis of sexual orientation. Chapter 111.36(1) (a),(b), and (d), Wisconsin Statutes, covers employment discrimination on the basis of sex, sexual harassment, and sexual orientation. Chapter 112, Laws of 1981, published on March 2, 1982, amended the Wisconsin Statutes by prohibiting discrimination on the basis of sexual orientation.

Title VII and IX also prohibit sexual harassment in the workplace. The Pregnancy Discrimination Act of 1978 provides protection for teachers who are pregnant. In addition, in Wisconsin a teacher’s certificate may be revoked for incompetency, immoral conduct.

, July 12, 2009 by Susan K. Smith. All 50 states have passed some form of a mandatory child abuse and neglect reporting law in order to qualify for funding under the Child Abuse Prevention and Treatment  Act (CAPTA)(Jan. 1996 version), 42 U.S.C. 5101, et seq. The Act was originally passed in 1974, has been amended several times and was most recently amended and reauthorized on June 25, 2003, by the Keeping Children and Families Save Act of 2003 (P.L.108-36).

Oct 9, 2009 Court-appointed special advocates are mandatory reporters in seven States (Arkansas, California, Maine, Montana, Oregon, Virginia, and Wisconsin). In addition, teachers and other school personnel are mandated by Wisconsin law to report child maltreatment.

, On June 29, Wisconsin Gov. Jim Doyle signed the 2009-2011 biennial budget, which includes a provision extending collective bargaining rights to more than 20,000 UW faculty, academic staff and research assistants.

Apr 1, 2009 This site is an article regarding union president Marty Beil testifying before the Wisconsin legislature. He stated that collective bargaining is a basic right that Wisconsin's citizens support. In 1993, Wisconsin’s teachers were singled out and subjected to severe bargaining limitations that deny teachers the rights that other workers receive within our state.

, by M Beil - 1998 - This new law extended collective bargaining to Wisconsin State Government and compare those time frames to 1989-90 when management and the union struggled.

, Collective bargaining agreements between the State of Wisconsin and unions representing the state employees. Appeals are directed to Equal Rights Division, Department of Workforce Development.

, A wide range of provisions may be negotiated in collective bargaining between teachers' and employers. Negotiations can become intense and heated. Wisconsin: Statute permits bargaining by municipal employees.

, In 1962 Wisconsin became the first state to pass legislation governing public employee bargaining that resembled the language found in the NLRA.

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