Wisconsin law would require transparency on teacher license investigations

(The Center Square) – Wisconsin lawmakers are looking to add requirements for what the Department of Public Instruction posts online regarding investigations into K-12 teacher license holders.

The potential change follows a report last year showing the department does not publicly disclose details on sexual misconduct and grooming cases.

Assembly Bill 795 and companion Senate Bill 785 would require DPI to post the name of any license holder that is under investigation and the outcome of the investigation, including if the investigation was terminated due to a voluntary surrender of the license.

DPI currently posts each license holder who is under investigation and the name of each person whose license is revoked after an investigation.

The bill comes in response to a Capital Times investigation last year that showed DPI was shielding information on how it handled 200 cases of sexual misconduct and grooming between 2018 and 2023 and was forcing the public to file public records requests to access that information.

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The bill would require that information to be posted online in a database easily accessible by the general public.

A public hearing is scheduled on the bill in the Senate Education Committee on Wednesday. A hearing was in the Assembly Committee on Education a week earlier.

“By requiring DPI to post not only the names of license holders but also the results of investigations, AB 795 addresses this lack of transparency and strengthens the ability of families and school leaders to make informed decisions regarding the safety of students in their care,” bill sponsor Rep. Nate Gustafson, R-Omro, said in testimony on the bill.

DPI officials said in testimony that the bill could potentially create issues in fairness for educators who are incorrectly accused and issues related to prior agreements made when educators forfeited their licenses in written agreements with DPI.

“Most critically, the department’s prior surrender agreements with applicants do not disclose the level of reporting outlined in AB 795,” DPI testified. “We are concerned that prior educators who surrendered a license could challenge the surrender agreement and return to the classroom if the agreement is invalidated. The department knows this is not the purpose of this proposal.

“Additionally, posting the names of educators under investigation, before findings are made, can create long-term reputational damage even if allegations are unsubstantiated or an investigation is closed with no action. This could lead to legal challenges about fairness and accuracy of publicly listed allegations and discourage educators from entering the profession.”

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Bill sponsors, however, believe that the bill is fair to teacher license holders while also making information on investigations publicly available.

“It gives parents, schools, and communities clear information, without taking away fair treatment from those under investigation,” Gustafson testified. “Having this information is crucial so families and school leaders can trust that the people working with their kids are held accountable and that misconduct doesn’t go unnoticed.”

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