WisconsinSchools cannot make agreements that hide certain employee misconduct investigations
Wisconsin law bars public, charter, and participating private schools from hiding certain employee misconduct investigations and protects them from civil lawsuits for requested employee references.
What it does
Public, charter, and participating private schools cannot hide certain misconduct investigation records or restrict reports of suspected misconduct. They cannot require deleting misconduct records unless an investigation finds the allegations false or unsupported.
Public, charter, and participating private schools have protection from civil lawsuits when answering a prospective employer’s request about a current or former employee’s conduct, including misconduct allegations.
Argument forKeeping investigation records available and protecting requested references could help school employers spot possible misconduct before hiring staff to work with students.
Argument againstProtection from civil lawsuits could limit employees’ ability to seek compensation when schools share damaging misconduct allegations with prospective employers.
More detail
Covered school employers cannot make agreements or take other actions that hide or destroy investigation information, restrict reporting of suspected misconduct, or require deleting misconduct records. The rules cover public school boards, charter school boards, and private schools in parental choice programs or the Special Needs Scholarship Program. Investigations may concern current or former employees. These rules concern “immoral conduct,” a category of misconduct defined elsewhere in state law. Required deletion is allowed when an investigation finds the allegations false or unsupported. The ban includes resignation, termination, and severance agreements. The ban begins on the provision’s effective date, which is left blank in this printing.
Covered school employers have protection from all civil liability resulting from employee conduct information they provide in response to a prospective employer’s request. This covers public school boards, charter school boards, and private schools in parental choice programs or the Special Needs Scholarship Program. The information may concern current or former employees. A prospective employer must request the information. The protection includes information about allegations of “immoral conduct,” a category defined elsewhere in state law. This protection applies alongside the separate legal protection for employment references.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 3Published 4-4-2026Latest
- Apr 3Report approved by the Governor Tony Evers on 4-3-2026. 2025 Wisconsin Act 186Became Law
- Apr 2Presented to the Governor on 4-2-2026To Governor
- Mar 20Report correctly enrolled on 3-20-2026Minor
- Mar 18Received from Senate concurred inMinor
- Mar 17Ordered immediately messaged
- Mar 17Read a third time and concurred inPassed Senate
- Mar 17Rules suspended to give bill its third reading
- Mar 17Ordered to a third readingMinor
- Mar 17Read a second timeMinor
- Mar 16Placed on calendar 3-17-2026 pursuant to Senate Rule 18(1)
- Mar 6Available for scheduling
- Vote recorded Report concurrence recommended by Committee on Education, Ayes 4, Noes 1. Result: pass.Upper
- Mar 6Report concurrence recommended by Committee on Education, Ayes 4, Noes 1Minor
- Mar 6Executive action taken
- Mar 3Public hearing held
- Feb 25Read first time and referred to committee on EducationMinor
- Feb 23Received from AssemblyMinor
- Feb 19Ordered immediately messaged
- Vote recorded PASSAGE. Result: pass.Lower
- Feb 19Read a third time and passed, Ayes 87, Noes 8Passed Assembly
- Feb 19Rules suspended
- Feb 19Ordered to a third readingMinor
- Feb 19Read a second timeMinor
- Feb 18Made a special order of business at 12:03 PM on 2-19-2026 pursuant to Assembly Resolution 14
- Feb 11Referred to committee on RulesMinor
- Vote recorded Report passage recommended by Committee on Education, Ayes 10, Noes 3. Result: pass.Lower
- Feb 11Report passage recommended by Committee on Education, Ayes 10, Noes 3Minor
- Feb 11Executive action taken
- Feb 6Senator Nass added as a cosponsor
- Feb 5Representative Duchow added as a coauthor
- Feb 5Public hearing held
- Feb 4Representative Knodl added as a coauthor
- Feb 3Read first time and referred to Committee on EducationMinor
- Feb 3Introduced by Representatives Nedweski, Behnke, Dittrich, Gundrum, Murphy, O'Connor, Piwowarczyk, Wichgers and Goeben; cosponsored by Senators James and JacqueIntroduced
Education