Wisconsin Statutes
Wis. Stat. § 118.22 (2026)
Renewal of teacher contracts
✓ current as of July 2026
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118.22(1)(a)(a) “Board” means a school board, technical college district board, board of control of a cooperative educational service agency or county children with disabilities education board, but does not include any board of school directors in a city of the 1st class.
118.22(1)(b)(b) “Teacher” means any person who holds a teacher’s certificate or license issued by the state superintendent or a classification status under the technical college system board and whose legal employment requires such certificate, license or classification status, but does not include part-time teachers or teachers employed by any board of school directors in a city of the 1st class.
118.22(2)(2) On or before May 15 of the school year during which a teacher holds a contract, the board by which the teacher is employed or an employee at the direction of the board shall give the teacher written notice of renewal or refusal to renew the teacher’s contract for the ensuing school year. If no such notice is given on or before May 15, the contract then in force shall continue for the ensuing school year. A teacher who receives a notice of renewal of contract for the ensuing school year, or a teacher who does not receive a notice of renewal or refusal to renew the teacher’s contract for the ensuing school year on or before May 15, shall accept or reject in writing such contract not later than the following June 15. No teacher may be employed or dismissed except by a majority vote of the full membership of the board. Nothing in this section prevents the modification or termination of a contract by mutual agreement of the teacher and the board. No such board may enter into a contract of employment with a teacher for any period of time as to which the teacher is then under a contract of employment with another board.
118.22(3)(3) At least 15 days prior to giving written notice of refusal to renew a teacher’s contract for the ensuing school year, the employing board shall inform the teacher by preliminary notice in writing that the board is considering nonrenewal of the teacher’s contract and that, if the teacher files a request therefor with the board within 5 days after receiving the preliminary notice, the teacher has the right to a private conference with the board prior to being given written notice of refusal to renew the teacher’s contract.
118.22 HistoryHistory: 1971 c. 154; 1981 c. 223; 1983 a. 189; 1993 a. 399, 492; 1995 a. 27 s. 9145 (1); 1997 a. 27, 164; 2011 a. 10, 114.
118.22 AnnotationNotice of intent not to renew that part of a contract providing extra pay for extra work as a coach is not necessary. Richards v. Board of Education, 58 Wis. 2d 444, 206 N.W.2d 597 (1973).
118.22 AnnotationUnder the facts of this case, the failure to timely provide notice of the right to a private conference under sub. (3) did not provide sufficient grounds to issue a writ of mandamus. Rawhouser v. Cooperative Educational Service Agency No. 4, 75 Wis. 2d 52, 248 N.W.2d 442 (1977).
118.22 AnnotationIn the absence of evidence of a school board’s bias, the trial court had no jurisdiction to hold a de novo hearing regarding the competence of a teacher facing nonrenewal under sub. (3). Naus v. Joint School District No. 1, 76 Wis. 2d 104, 250 N.W.2d 725 (1977).
118.22 AnnotationArbitration was proper under a “discharge and nonrenewal” clause in a collective bargaining agreement when the school board did not offer a teacher a second contract after rejecting a contract that was signed and returned by the teacher with the title “probationary contract” crossed out. Joint School District No. 10 v. Jefferson Education Ass’n, 78 Wis. 2d 94, 253 N.W.2d 536 (1977).
118.22 AnnotationUnder sub. (2), a board has the exclusive right to hire and fire a teacher. Due process does not require that the board be an impartial decisionmaker. Hortonville Education Ass’n v. Hortonville Joint School District No. 1, 87 Wis. 2d 347, 274 N.W.2d 697 (1979).
118.22 AnnotationAn employment contract that recites that a teacher’s employment will not be renewed cannot be construed as a waiver of rights granted by this section. There is a presumption of good faith applicable to a board’s decisions. Faust v. Ladysmith-Hawkins School Systems, 88 Wis. 2d 525, 277 N.W.2d 303 (1979).
118.22 AnnotationThe layoff of a teacher is not the equivalent of a “refusal to renew” when a collective bargaining agreement under s. 111.70 contains layoff provisions incorporated in the teacher’s contract. Mack v. Joint School District No. 3, 92 Wis. 2d 476, 285 N.W.2d 604 (1979).
118.22 AnnotationArbitrators appointed pursuant to the grievance procedure contained in a collective bargaining agreement properly held a de novo factual hearing to determine whether just cause existed for the school board to terminate a teacher. Fortney v. School District, 108 Wis. 2d 167, 321 N.W.2d 225 (1982).
118.22 AnnotationA teacher who forgot to accept an employment offer under sub. (2) and who was consequently terminated did not voluntarily terminate employment under s. 108.04 (7). Nelson v. LIRC, 123 Wis. 2d 221, 365 N.W.2d 629 (Ct. App. 1985).
118.22 AnnotationSub. (2) requires written notice of nonrenewal. A district must follow the explicit written notice requirement. Sterlinske v. School District, 211 Wis. 2d 608, 565 N.W.2d 273 (Ct. App. 1997), 96-2624.
118.22 AnnotationA “private conference” under sub. (3) on nonrenewal of a teacher’s contract is a “meeting” within s. 19.82 (2). 66 Atty. Gen. 211.
118.22 AnnotationCivil Rights—Academic Freedom—Refusal to Rehire a Nontenure Teacher for a Constitutionally Impermissible Reason. 1970 WLR 162.
118.22 AnnotationConstitutional Law—Due Process—Fairness of a Hearing Before a School Board on Nonrenewal of a Teacher’s Contract. 1971 WLR 354.
Notes of Decisions
Cited in 31
cases, 1970–2019 · leading case: Dobbs v. Jt. Sch. Dist. No. 3, 285 N.W.2d 604 (Wis. 1979).
Dobbs v. Jt. Sch. Dist. No. 3, 285 N.W.2d 604 (Wis. 1979). “*483 On March 30, 1976, each plaintiff notified the Superintendent of the Whitnall Area Schools, by letter, of the acceptance of his/her individual continuing contract and employment with the Whitnall Area Schools for the 1976-1977 school year, pursuant to sec. 118.22, Stats. On…”
West Bend Educ. Ass'n v. Wisconsin Emp. Relations Comm'n, 357 N.W.2d 534 (Wis. 1984). “Mack , like this case, involves the relationship between teachers’ collective bargaining agreements relating to layoff and sec. 118.22, Stats. 1979-80. This court has recognized that the scope of the municipal employer’s duty to bargain under sec.”
Harkness v. Palmyra-Eagle Sch. Dist., 460 N.W.2d 769 (Wis. Ct. App. 1990). “In sum, she claims that the district failed to comply with the "private conference" requirement of sec. 118.22, Stats., because Christiansen's presence would render any conference meaningless in light of her bias and resultant inability to render a fair *574 and unbiased…”
Richards v. Bd. of Educ., 206 N.W.2d 597 (Wis. 1973). “*457 Sec. 118.22, Stats. Plaintiff contends that the defendant violated state law in failing to send a preliminary notice in writing to plaintiff indicating that his coaching assignment would not be renewed for the 1971-72 school year.”
Miller v. Mauston Sch. Dist., 588 N.W.2d 305 (Wis. Ct. App. 1998). “22 governs the renewal of teacher contracts and applies to "boards," which are defined to include a board of control of a CESA, as well as school boards and technical college district boards.”
City of Janesville v. Wisconsin Emp. Relations Comm'n, 535 N.W.2d 34 (Wis. Ct. App. 1995). “Applying this principle, the court concluded: [H]armonizing the collective bargaining agreement provisions with the Board's power to discharge set forth in sec. 118.22(2), Stats., leaves the Board with the exclusive right to discharge an employe, but requires that just cause…”
Faust v. Ladysmith-Hawkins Sch. Sys., 277 N.W.2d 303 (Wis. 1979). “The renewal of teachers’ contracts by school boards other than those of a city of the first class is dealt with in sec. 118.22, Stats. Pertinent to the appeal of this case are sec.”
Jt. Sch. Dist. No. 10 v. Jefferson Educ. Ass'n, 253 N.W.2d 536 (Wis. 1977). “21 or sec. 118.22, Stats., or any public policy of this state.”
Coral Mateu-Anderegg v. Sch. Dist. of Whitefish Bay, 304 F.3d 618 (7th Cir. 2002). “The District points to Wis. Stat. § 118.22 , which sets out procedures that the school board must follow in renewing or not renewing teacher contracts.”
Matter of Arbitration Between West Salem & Fortney, 321 N.W.2d 225 (Wis. 1982). “" The Board argues, and the trial court held, that this determination is exclusively reserved to the Board by sec. 118.22, Stats., and the collective bargaining agreement.”
Glendale Prof'l Policemen's Ass'n v. City of Glendale, 264 N.W.2d 594 (Wis. 1978). “, was empowered to relieve the plaintiff of his coaching assignment without prior notice and the requirement of a common-law hearing. To the extent that the master agreement purports to limit this power, it is void.”
Leissring v. Dep't of Indus., 340 N.W.2d 533 (Wis. 1983). “In February, 1979, the Hamilton School Board notified Leissring pursuant to sec. 118.22(3), Stats., 1 that it was considering nonrenewal of her contract for the 1979-80 school year.”
— Wis. Stat. § 118.22(1) — 1 case
Miller v. Mauston Sch. Dist., 588 N.W.2d 305 (Wis. Ct. App. 1998). “22 governs the renewal of teacher contracts and applies to "boards," which are defined to include a board of control of a CESA, as well as school boards and technical college district boards.”
— Wis. Stat. § 118.22(1)(a) — 1 case
Miller v. Mauston Sch. Dist., 588 N.W.2d 305 (Wis. Ct. App. 1998). “22 governs the renewal of teacher contracts and applies to "boards," which are defined to include a board of control of a CESA, as well as school boards and technical college district boards.”
— Wis. Stat. § 118.22(2) — 11 cases
Dobbs v. Jt. Sch. Dist. No. 3, 285 N.W.2d 604 (Wis. 1979). “*483 On March 30, 1976, each plaintiff notified the Superintendent of the Whitnall Area Schools, by letter, of the acceptance of his/her individual continuing contract and employment with the Whitnall Area Schools for the 1976-1977 school year, pursuant to sec. 118.22, Stats. On…”
City of Janesville v. Wisconsin Emp. Relations Comm'n, 535 N.W.2d 34 (Wis. Ct. App. 1995). “Applying this principle, the court concluded: [H]armonizing the collective bargaining agreement provisions with the Board's power to discharge set forth in sec. 118.22(2), Stats., leaves the Board with the exclusive right to discharge an employe, but requires that just cause…”
Jt. Sch. Dist. No. 10 v. Jefferson Educ. Ass'n, 253 N.W.2d 536 (Wis. 1977). “21 or sec. 118.22, Stats., or any public policy of this state.”
Matter of Arbitration Between West Salem & Fortney, 321 N.W.2d 225 (Wis. 1982). “" The Board argues, and the trial court held, that this determination is exclusively reserved to the Board by sec. 118.22, Stats., and the collective bargaining agreement.”
Whitewater Educ. Ass'n v. Whitewater Unified Sch. Dist., 335 N.W.2d 408 (Wis. Ct. App. 1983).
— Wis. Stat. § 118.22(3) — 8 cases
Leissring v. Dep't of Indus., 340 N.W.2d 533 (Wis. 1983). “In February, 1979, the Hamilton School Board notified Leissring pursuant to sec. 118.22(3), Stats., 1 that it was considering nonrenewal of her contract for the 1979-80 school year.”
Harkness v. Palmyra-Eagle Sch. Dist., 460 N.W.2d 769 (Wis. Ct. App. 1990). “In sum, she claims that the district failed to comply with the "private conference" requirement of sec. 118.22, Stats., because Christiansen's presence would render any conference meaningless in light of her bias and resultant inability to render a fair *574 and unbiased…”
In the Matter of Arbitration of Nicolet Hs Dist. v. Nicolet Ed. Ass'n, 348 N.W.2d 175 (Wis. 1984).
Rawhouser v. Coop. Educ. Serv. Agency No. 4, 248 N.W.2d 442 (Wis. 1977).
Faust v. Ladysmith-Hawkins Sch. Sys., 277 N.W.2d 303 (Wis. 1979). “The renewal of teachers’ contracts by school boards other than those of a city of the first class is dealt with in sec. 118.22, Stats. Pertinent to the appeal of this case are sec.”
— Wis. Stat. § 118.22(4) — 1 case
West Bend Educ. Ass'n v. Wisconsin Emp. Relations Comm'n, 357 N.W.2d 534 (Wis. 1984). “Mack , like this case, involves the relationship between teachers’ collective bargaining agreements relating to layoff and sec. 118.22, Stats. 1979-80. This court has recognized that the scope of the municipal employer’s duty to bargain under sec.”
— Wis. Stat. § 118.22(l)(a) — 1 case
Miller v. Mauston Sch. Dist., 588 N.W.2d 305 (Wis. Ct. App. 1998). “22 governs the renewal of teacher contracts and applies to "boards," which are defined to include a board of control of a CESA, as well as school boards and technical college district boards.”
— Wis. Stat. § 118.22(l)(b) — 1 case
Johnson v. Burmaster, 2008 WI App 4 (Wis. Ct. App. 2007).
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