Wisconsin Statutes
Wis. Stat. § 118.21 (2026)
Teacher contracts
✓ current as of July 2026
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118.21(1)(1) The school board shall contract in writing with qualified teachers. The contract, with a copy of the teacher’s authority to teach attached, shall be filed with the school district clerk. Such contract, in addition to fixing the teacher’s wage, may provide for compensating the teacher for necessary travel expense. A teaching contract with any person not legally authorized to teach the named subject or at the named school shall be void. All teaching contracts shall terminate if, and when, the authority to teach terminates.
118.21(2)(2) Any person who contracts to teach in any public school shall file in the office of the school district administrator, within 10 days after entering into such contract, a statement showing the date of expiration, if any, and the grade and character of certificate or license held. In any school district not having a school district administrator, the statement shall be filed with the school district clerk. Teachers employed by a cooperative educational service agency shall file the statement in the office of the agency coordinator. No order or warrant may be issued by the school district clerk in payment of the salary of any teacher, unless the teacher has complied with this subsection.
118.21(3)(3) School boards may provide in the contracts of teachers of agricultural and homemaking courses for payment out of school district funds for services performed outside the school district and connected with the performance of their regular teaching duties, and for travel expenses connected with such services.
118.21(4)(4) School boards may give to any teacher, without deduction from the teacher’s wages, the whole or part of any time spent by the teacher in attending a teachers’ educational convention, upon the teacher’s filing with the school district clerk a certificate of attendance at the convention, signed by the person or secretary of the association conducting the convention.
118.21 Cross-referenceCross-reference: See s. 118.22 (2) for requirement that majority vote of full board membership is required for employment of a teacher.
118.21 AnnotationA collective bargaining provision that releases only teacher members of a majority union from in-service days to attend, with pay, a state convention of the union is discriminatory, but the school board can deny compensation to minority union members who attend a regional convention of their union if they do so in good faith. Board of Education v. WERC, 52 Wis. 2d 625, 191 N.W.2d 242 (1971).
118.21 AnnotationA teacher’s lack of legal authority to teach assigned courses, although known to the school board at the time of hiring and subsequent assignments, was sufficient ground for dismissal despite the fact that the school superintendent repeatedly assured the teacher that the certification problem was an administrative omission that would be cured by the board. Grams v. Melrose-Mindoro Joint School District No. 1, 78 Wis. 2d 569, 254 N.W.2d 730 (1977).
118.21 AnnotationAn individual teacher’s contract under this section and s. 118.22 is subservient to a collective bargaining contract under s. 111.70. 60 Atty. Gen. 342.
118.21 AnnotationSchool boards have authority to contract with teachers to provide for an increment or sum in addition to their regular salary in return for the teacher choosing an early retirement option. 63 Atty. Gen. 16.
118.21 AnnotationEven though a teacher was properly dismissed for an admitted violation of school rules, the teacher was entitled to a due process hearing on other charges affecting the teacher’s reputation as a teacher. Carpenter v. City of Greenfield School District No. 6, 358 F. Supp. 220 (1973).
Notes of Decisions
Cited in 8
cases, 1973–2007 · leading case: Grams v. Melrose-Mindoro Jt. Sch. Dist. No. 1, 254 N.W.2d 730 (Wis. 1977).
Grams v. Melrose-Mindoro Jt. Sch. Dist. No. 1, 254 N.W.2d 730 (Wis. 1977). “Sec. 118.21, Stats. 1971 states: "118.21 Teacher Contracts.”
In Re Custody of HSHK, 533 N.W.2d 419 (Wis. 1995). “" Section 118.21, Stats. 1971. Thus, the contract in Grams was explicitly proscribed by the statute.”
Glendale Prof'l Policemen's Ass'n v. City of Glendale, 264 N.W.2d 594 (Wis. 1978). “2d 242 (1971), the court held that sec. 118.21(4), Stats., which provides in part that “School boards may give to any teacher, without deduction from his wages, the whole or part of any time spent by him in attending a teachers’ .”
Holtmann v. Knott, 533 N.W.2d 419 (Wis. 1995). “" Section 118.21, Stats. 1971. Thus, the contract in Grams was explicitly proscribed by the statute.”
Johnson v. Burmaster, 2008 WI App 4 (Wis. Ct. App. 2007). “§ 118.21 and Wis. Admin. Code § PI 8.01(2) both function to forbid the employment of non-authorized persons as teachers.”
Ashleson v. Labor & Indus. Review Comm'n, 573 N.W.2d 554 (Wis. Ct. App. 1997). “" 10 Section 118.21(1), Stats.: "The school board shall contract in writing with qualified teachers.”
Carpenter v. City of Greenfield Sch. Dist. No. 6, 358 F. Supp. 220 (E.D. Wis. 1973). “§ 118.21 (1969), without providing some procedures to guard against mistake and discourage caprice.”
Stevens v. Jt. Sch. Dist. No. 1, Tony, Etc., 429 F. Supp. 477 (W.D. Wis. 1977). “Wisconsin law Wis.Stat. § 118.21 (1969) authorizes a board of education to enter into personal employment contracts with teachers.”
— Wis. Stat. § 118.21(1) — 2 cases
Grams v. Melrose-Mindoro Jt. Sch. Dist. No. 1, 254 N.W.2d 730 (Wis. 1977). “Sec. 118.21, Stats. 1971 states: "118.21 Teacher Contracts.”
Ashleson v. Labor & Indus. Review Comm'n, 573 N.W.2d 554 (Wis. Ct. App. 1997). “" 10 Section 118.21(1), Stats.: "The school board shall contract in writing with qualified teachers.”
— Wis. Stat. § 118.21(4) — 1 case
Glendale Prof'l Policemen's Ass'n v. City of Glendale, 264 N.W.2d 594 (Wis. 1978). “2d 242 (1971), the court held that sec. 118.21(4), Stats., which provides in part that “School boards may give to any teacher, without deduction from his wages, the whole or part of any time spent by him in attending a teachers’ .”
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