'Teacher Protection Act' Aims to Help Educators, Critics Pan Bill

U.S. Department of Education data says that 11.3 percent of all teachers in Wisconsin reported being assaulted during the 2011-12 school year - the highest percentage in the U.S.

State Rep. Jeremy Thiesfeldt (R-Fond du Lac), a former teacher of 20 years, is circulating legislation that he says will help teachers. His bill is called the "Teacher Protection Act," and has a number of provisions that he says will give teachers the backing they need to maintain order in their classrooms.

Thiesfeldt said that teachers are reluctant to expel students due to U.S. Department of Education scrutiny.

"To say that we don't have a problem in this regard is putting our head in the sand. We do have a problem, and we need to address it," Thiesfeldt said in a FOX 6 report.

Critics of the bill, however, say that the bill will bring undue scrutiny upon children —, particularly minorities.

"We can read between the lines," Kim Schroeder, president of the Milwaukee Teachers' Education Association, told the Milwaukee Journal Sentinel. "This bill would without a doubt funnel more vulnerable children into the criminal justice system — especially students with special education needs who are already statistically at a much higher risk of incarceration."

Key provisions of the bill include:

Records and reporting
The bill requires each school board to maintain pupil behavioral records until the student has graduated from high school and for one year after graduation.

The bill requires the state DPI to include additional information about suspensions and expulsions in the school district report it creates for each school district, including the number of physical assaults by pupils on teachers and another school district employees, on other pupils, and on adults not employed by the school district.

Duty to report

This bill requires a law enforcement agency to report to the administrator of a school district, charter school, or private school certain information related to a felony or certain misdemeanors by a student who is enrolled in the school or when a pupil who is enrolled in the school is taken into custody in connection with a felony or certain misdemeanors. The law enforcement agency must provide this information to the school prior to the beginning of the school day immediately following the incident.

Notice of teacher rights and protections

This bill creates and modifies certain rights and protections for teachers and requires the Department of Public Instruction to include on its Internet site a summary of the laws governing these rights and protections, which include the following:

1. The right of a teacher to remove a pupil from a classroom under certain circumstances for a period of two consecutive days.

2. The right of a teacher to receive information from a school board about a pupil who committed a felony or violent misdemeanor or who was taken into custody based upon a law enforcement officer's belief that the pupil was committing or had committed a felony or violent misdemeanor.

3. The right of a teacher to use reasonable and necessary force under certain circumstances.

4. The right of a teacher to request a school board to schedule a suspension hearing when that teacher has requested that a pupil be suspended and the administrator of the school has denied the request. Under current law, no hearing is required to suspend a pupil.

5. The right of a school district employee or teacher to receive assistance and leave benefits if the teacher is injured as a result of a physical assault or violent crime while performing work duties.

6. The right of a teacher to terminate his or her contract without penalty if the teacher is a victim of a physical assault or violent crime while performing work duties.

7. Civil immunity provided to a teacher under state and federal laws for certain discretionary acts.

'Endangering Behavior' Most Common Incident

According to 2014-15 State Department of Public Instruction Data gathered by Patch.com, of the more than 870,000 students enrolled in public schools, more than 10,000 suspensions/expulsions were issued for students exhibiting endangering behavior. That's the highest specific category of suspensions/expulsions during that time period. Assaults were the second-most common cause for suspension/expulsion with drug-related incidents the third-most-common.

By The Numbers:

Statewide Suspension/Expulsion by Incident Type

Enrollment 870,652

Weapon or Drug-Related Incidents

Alcohol-Related: 507
Dangerous Weapon (non-firearm): 921
Drug-Related: 2,466
Handgun: 17
Other Firearm: 30
Shotgun or Rifle: 26
Assault: 0
Endangering Behavior: 1
Other: 20

Non-Weapon or Drug-Related Incidents

Assault: 4,261
Endangering Behavior: 10, 147
Other: 35,360

Source: Wisconsin Department of Public Instruction

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