State Supt. Jill Underly calls for subpoena power, grooming law to better investigate teacher misconduct

MADISON, Wis. (CIVIC MEDIA) – State Superintendent Jill Underly said her department needs more power to investigate teacher misconduct at a second hearing prompted by a newspaper investigation. 

It all started with a story from the Cap Times. Their yearlong investigation showed over a 5-year period, there were about 200 investigations into teacher misconduct leading to revoked or surrendered licenses that are not visible in the Department of Public Instruction’s (DPI) original database. 

There was a hearing in the Assembly Committee on Government Operations, Accountability and Transparency Thursday, Oct. 23. Underly was out of the state at the time and did not attend. Deputy Superintendent Tom McCarthy mainly spoke in her absence. 

The Senate Committee on Education held its own hearing on Tuesday. This time, Underly was there. 

“Student safety is not political. It’s a moral responsibility that we all share. And as both your state superintendent, and as a mom, that responsibility guides everything that I do,” she said. “That’s why in recent weeks, it’s been deeply disappointing to see attempts to turn this issue into yet another partisan political sideshow.” 

McCarthy noted that the DPI is not normally the primary investigator when there are claims of misconduct against an educator. He said usually, the DPI is notified by law enforcement who is already conducting their own investigation, or school district officials. 

Underly laid out what would help the department better investigate teacher misconduct. She asked for: 

• A law that defines grooming
• DPI subpoena power for investigations
• Closing the loophole that allows unlicensed educators in Wisconsin public schools
• Modernizing the DPI’s licensing system, which she’s asked for before in public hearings

When asked if the DPI has enough resources to properly investigate claims of educator misconduct, Underly said they have 1.5 FTE employees whose jobs are to conduct investigations. Instead, she said what they really need is subpoena power, or the ability to compel people to do interviews. 

“Today the DPI lacks subpoena power during investigations, meaning we rely on voluntary cooperation of witnesses, district officials and others to gather critical information,” Underly said.  

A handful of other states have passed laws defining grooming, the pattern of behavior meant to gain and later abuse the trust of a child. Two Republicans have authored a bill to do just that. 

Underly also  announced the DPI is launching a new database that shows teachers who have surrendered their licenses, or had them revoked.