All School Employees Now Required to Report Child Abuse
2012-01/09 Kevin J.T. Terry

As of December 9, 2011, all school employees are now required to report any instances of child abuse and neglect under Wisconsin state law.  Failure to do so will result in stiff penalties.  Wisconsin law further requires that School Boards train all school employees to identify children who have been abused or neglected and inform employees about the laws and procedures governing the reporting of child abuse and neglect.

Who has a duty to report?

Prior to Wisconsin Act 81, which was signed into law in November, Wisconsin statutes obligated teachers, administrators, and school counselors to report suspected abuse or neglect to authorities.  This duty applied to school professionals who had reasonable cause to suspect a child seen in the course of their professional duties had been abused or neglected. 

With the signing of the new law, all school employees, including education assistants, bus drivers, food service employees, clerical staff, custodial and maintenance workers, and coaches are statutorily obligated to report child abuse or neglect.

All school employees are required to file reports with the county department of human services or social services or to law enforcement officials.

When must an employee report?

Employees are required to report an incident only in situations when the victim of the abuse or neglect is a child that is seen in the course of the school employee’s professional duties.  This does not limit incidents to those only in the classroom. 

A report must be filed immediately.  The Department of Public Instruction (DPI) has recognized that employees may want to consult with a professional prior to submitting a report with the appropriate authority, however, DPI also states that this consultation cannot be the cause for delay in filing a report.

Employees will still have protection from being discharged due to their filing of a report.  This protection has been extended in the new law to cover all school employees.  Additionally, employees who make a good faith report may not be “disciplined or otherwise discriminated against in regard to employment, or threatened with any such treatment” for making a report.  Employees also are entitled to immunity from criminal and civil liability when, in good faith, employees participate in reporting suspected child abuse or neglect.

What are the penalties for failing to file a report?

The expanded penalties of the new law impose a fine of not more than $1,000 or imprisonment of not more than six months, or both. 

While the penalty for failing to file a report with the state is harsh, employees can be assured the report will remain confidential.  No information about the identity of the reporter, such as name, job title, or place of employment will be shared with third parties.

How will this affect School Districts?

School Boards now have the responsibility of training every school district employee on how to identify children who have been abused or neglected.  This initial training of current employees must occur no later than June 9, 2012.  Going forward, the training of newly hired school employees must take place within the first six (6) months after the employee starts working for the district.  Additional training at least once every five (5) years after the initial training is also mandated.  School Boards must review the laws and procedures governing the reporting of abuse or neglect with employees as soon as possible.

While School Boards have the responsibility to administer training, the law mandates that the training requirements be provided by DPI.  Understanding that the initial round of training must be completed in June, DPI has stated the following steps will be taken by January 31, 2012:

1. Two alternatives will be available to school districts to meet the new training requirement.
   • A webcast, following which educators will be able to download a certificate to document their viewing.
   • A PowerPoint presentation with speaker notes that can be delivered by a local educator or county official in a school building in-service or other local professional development event.
2. A second and optional webcast, recommended for school administrators and pupil services professionals, will provide more in-depth information about the school's role in preventing child maltreatment.
3. The DPI publication, "The School's Role in Preventing Child Abuse and Neglect," will be updated.
4. A new home page on Child Abuse and Neglect will be established with links to the training noted above and other related resources at http://www.dpi.wi.gov/sspw/can.html.

School districts should consult their Ruder attorney for more information on what steps can be taken to follow this new law. Contact Kevin Terry, the author of this article, or any of the attorneys in the School Districts and Educational Institutions Focus Team of Ruder Ware: Dean Dietrich, Steve Immel, Steve Lipowski, Randi Osberg, Ron Rutlin (of Counsel), Mary Ellen Schill, or Bryan Symes.

© 2012 Ruder Ware, L.L.S.C. Accurate reproduction with acknowledgment granted. All rights reserved.
This document provides information of a general nature regarding legislative or other legal developments. None of the information contained herein is intended as legal advice or opinion relative to specific matters, facts, situations, or issues, and additional facts and information or future developments may affect the subjects addressed.